INDEX NO.

162333/2014

FILED: NEW YORK COUNTY CLERK 12/12/2014 07:38 PM

NYSCEF DOC. NO. 1

RECEIVED NYSCEF: 12/12/2014

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK
----------------------------------------------------------------------X
MNIKA JUHSZ MICZURA p/k/a MITSOU
Index No.:
Plaintiff,
SUMMONS
-againstBEYONC KNOWLES p/k/a BEYONC,
PARKWOOD ENTERTAINMENT LLC, SONY MUSIC
ENTERTAINMENT, COLUMBIA RECORDS,
SEAN CARTER p/k/a JAY-Z
NOEL FISHER p/k/a DETAIL,
BRIAN SOKO, JEROME HARMON,
TIMOTHY MOSLEY p/k/a
TIMBALAND and JORDAN ASHER
p/k/a BOOTS

Defendants.
---------------------------------------------------------------------X
TO:

THE ABOVE NAMED DEFENDANTS:

YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve

a copy of your Answer, or, if the Complaint is not served with this Summons, to serve a notice of
appearance, on the plaintiffs attorney within 20 days after service of this Summons, exclusive of
the day of service, where service is made by delivery upon you personally within the state, or
within 30 days after completion of service where service is made in any other manner. In case of
your failure to appear or answer, judgment will be taken against you by default for the relief
demanded in the Complaint. The basis of the venue is the Defendants principal places of
business and the location in which this cause of action arose.
Dated: New York, New York
December 12, 2014
/s/ Marsha Mozammel
______________________
Marsha Mozammel, Esq.
Vincent Imbesi, Esq.
IMBESI LAW P.C.
450 Seventh Avenue, 14th Floor
New York, NY 10123
Ph. (646) 790-3851

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK
----------------------------------------------------------------------X
MNIKA JUHSZ MICZURA p/k/a MITSOU,
Civil Action No.
Plaintiff,

COMPLAINT AND JURY

DEMAND

-againstBEYONC KNOWLES p/k/a BEYONC,

PARKWOOD ENTERTAINMENT, LLC, SONY MUSIC
ENTERTAINMENT, COLUMBIA RECORDS,
SEAN CARTER p/k/a JAY-Z
NOEL FISHER p/k/a DETAIL,
BRIAN SOKO, JEROME HARMON,
TIMOTHY MOSLEY p/k/a
TIMBALAND and JORDAN ASHER
p/k/a BOOTS

Defendants.
---------------------------------------------------------------------X
I.
1.

INTRODUCTION

Plaintiff Mnika Juhsz Miczura p/k/a Mitsou (Mitsou), by her attorneys

Imbesi Law P.C., brings this action against Beyonc Knowles, Parkwood Entertainment LLC,
Sony Music Entertainment, Columbia Records, Noel Fisher, Brian Soko, Jerome Harmon,
Timothy Mosley and Jordan Asher, collectively, the Defendants, seeking an injunction and
damages for Defendants violations of New York Civil Rights Law 51 (NYCRL) arising
from the Defendants use of Plaintiffs voice for purposes of trade without written consent.
II.
2.

JURISDICTION AND VENUE

This court has personal jurisdiction over Parkwood Entertainment LLC

(Parkwood) pursuant to N.Y. C.P.L.R. 301 because Parkwood is a Nevada limited liability
company registered with the New York State Secretary of State as a foreign limited liability
company. Defendant Parkwood is authorized to conduct business in New York.

3.

This court has personal jurisdiction over Defendant Beyonc Knowles p/k/a

Beyonc because Beyonc is an employee or owner of Parkwood and routinely conducts

business in the State of New York.
4.

This court has personal jurisdiction over Defendant Sony Music Entertainment

(Sony) because Sony is a foreign corporation, registered with the New York Secretary of State
as a foreign business corporation. Defendant Sony is authorized to conduct and does conduct
business in the State of New York.
5.

This court has personal jurisdiction over Defendant Columbia Records

(Columbia) because Columbia is a foreign corporation, registered with the New York
Secretary of State as a foreign business corporation. Defendant Columbia is authorized to
conduct and does conduct business in the State of New York.
6.

This court has personal jurisdiction over Defendant Sean Carter p/k/a Jay-Z

(Jay-Z) pursuant to N.Y. C.P.L.R. 301 because Defendant is a resident of New York.
7.

This court has personal jurisdiction over Defendant Noel Fisher p/k/a Detail

(Fisher) because Fisher is an employee or owner of Republic Records and routinely conducts
business in the State of New York.
8.

Brian Soko (Soko) is a resident of the nation of Zimbabwe.

9.

Jerome Harmon (Harmon) is a resident of Texas.

10.

Timothy Mosley p/k/a Timbaland (Mosley) is a resident of Virginia.

11.

Jordan Asher p/k/a Boots (Asher) is a resident of New York.

12.

Venue is proper in this case pursuant to N.Y. C.P.L.R. 503(c) because

Defendants Beyonc, Parkwood, Columbia, Sony, Jay-Z, and Fisher have their principal place of
business in New York County.

III.
13.

PARTIES

Plaintiff Mnika Miczura Juhsz, professionally known as Mitsou (Mitsou) is

a citizen of Hungary.
14.

Upon information and belief, defendant Beyonc Knowles, professionally known

as Beyonc, is a resident of New York.

15.

Upon information and belief, defendant Parkwood Entertainment LLC is a

Nevada limited liability company authorized to do business in New York, with a principal place
of business at 1384 Broadway in Manhattan.
16.

Upon information and belief, defendant Sony Music Entertainment (Sony) is a

Delaware partnership with a principal place of business at 550 Madison Avenue in Manhattan.
17.

Upon information and belief, defendant Columbia Records (Columbia) is a

Delaware partnership with a principal place of business at 550 Madison Avenue in Manhattan.
18.

Upon information and belief, Noel Fisher p/k/a/ Detail is an individual who

produced Drunk in Love at Jungle City Studios in Manhattan and Oven Studios in Manhattan.
19.

Upon information and belief, Brian Soko is an individual who produced Drunk

in Love at Jungle City Studios in Manhattan and Oven Studios in Manhattan.

20.

Upon information and belief, Timothy Mosely p/k/a Timbaland is an individual

who produced Drunk in Love at Jungle City Studios in Manhattan and Oven Studios in
Manhattan.
21.

Upon information and belief, Jordan Asher p/k/a Boots is an individual who

produced Drunk in Love at Jungle City Studios in Manhattan and Oven Studios in Manhattan.
IV.
22.

STATEMENT OF FACTS

This case is about Beyoncs hit song Drunk in Love featuring Jay-Z. Though

uncredited, the song also features the unique voice of Mitsou, a Hungarian singer of considerable

international acclaim, and uses it to evoke foreign eroticism alongside the sexually intense lyrics
performed by Beyonc and Jay-Z in Drunk in Love. Mitsous voice was sampled and digitally
manipulated without her permission from a recording she made in 1995 of Bajba, Bajba Plem, a
traditional Roma folk song that she learned from her grandmother and that Mitsou wished to
preserve.
23.

Beyonc and Jay-Z have publicly performed Drunk in Love on the worlds

biggest stages, including the 56th Annual Grammy Awards and DirecTVs pre-Super Bowl
party, as well as their joint On The Run Tour, and Beyoncs Mrs. Carter Show World Tour. At
each of these live performances, Mitsous instantly recognizable voice was used without her
permission.
24.

Drunk in Love has won numerous awards, including the Best Collaboration at

MTV Video Music Awards, and on December 5, 2014, it earned Grammy nominations for Best
R&B Song and Best R&B Performance. The song is also the lead single of the self-titled album
Beyonc which earned Grammy nominations for Album of the Year and Best Urban
Contemporary Album.
25.

Mitsou is an internationally acclaimed Hungarian Roma singer. Mitsou was

discovered at the age of 17 due to her unique voice. From 1989 to 1991, she sang with Ando
Drom, a group devoted to the preservation and evolution of the traditional music of Roma
culture. In 1994, Mitsou rejoined the band, and between 1994 and 2000, Ando Drom released
two albums, became popular world-wide and toured internationally at prestigious venues and
festivals.
26.

Mitsous incredible voice is widely considered unique and ethereal, and since the

1990's, she has been in high demand for countless international collaborations as a featured guest
singer. In 1997, she recorded songs for the French film Gadjo Dilo by Tony Gatlif. The film is
about a young man who travels to Transylvania in search of Nora Luca, a mysterious singer he

heard on his late fathers cassette. Mitsou, though her character was not found and thus is unseen
in the film, was the ethereal voice of Nora Luca so pivotal to the plot. In 1999, the film won the
Csar Award for Best Music at the national film awards of France. Mitsou went on to record
further soundtracks for Tony Gatlifs films, Je Suis Ne dune Cigogne (1999), Vengo (2000) and
Swing (2001). She continues to perform as a guest singer in various internationally acclaimed
world music groups and was featured as a guest singer on the following records, among others:
Hans-Erik Philip And Other Dreams (2012); Fanfare Ciocrlia Queens and Kings (2007);
Besh O Drom Once I Catch the Devil (2006), GYI! (2005), Cant Make Me
Nekemtenemmutogatol (2003); Bratsch Rien Dans Les Poches (2000), Chico and the Gypsies
Vagabundo (1996). She also toured as a featured guest singer with each of these groups.
27.

In 2000, Mitsou was invited to participate at the Stimmen.Voices.Voix festival in

Germany as part of the Global Vocal Meeting Magic Voice project. This project toured in
Europe between 2000 and 2002, and in the United States in 2001.
28.

In 2001, Mitsou formed her own electronic world music group named Mitsoura,

released two albums to date: self-titled Mitsoura (2003) and DuraDuraDura (2007), performed at
numerous prestigious venues and music festivals such as WOMAD, WOMEX, The Royal Opera
House in London, and Grand Thtre de Bordeaux, among many others, and had a joint concert
with Nitin Sawhney in 2010.
29.

Mitsou first discovered that her voice is featured in Drunk in Love after

receiving phone calls from friends. The Drunk in Love recording begins with Mitsous voice
singing an a cappella solo and isolated for the first 13 seconds of Drunk in Love. Following
Mitsous stirring featured solo vocal introduction, Mitsous voice continues to sing as Beyonc
begins to sing. Mitsou and Beyonc sing together until the 41 second mark in the song. Mitsous
vocals then join Jay-Z when he appears rapping in the song from 3:14 until 4:05, a total of 51
seconds. All together, Mitsous vocals are featured for over one and half minutes of the five and

one half minute song (over 29% of the song), including solo, together with Beyonc and together
with Jay-Z.
30.

The solo vocal introduction was digitally sampled and created by (i) using

Antares Auto-Tune plug-in (in Avid ProTools DAW) to alter the pitch in one of Mitsous
extended note samples from Bajba Bajba Plem, (ii) then cut and transposed one semitone up a
breathing from the song, and inserted it into the first part, (iii) then repeated this section one
more time, and (iv) last, used Celemony Melodyne pitch and time correction plug-in on another
extended note of Bajba Bajba Plem to create the second part of the 13 second a cappella intro of
Drunk in Love.
31.

Bajba, Bajba Plem, a Roma song was recorded by Mitsou a cappella in 1995 for

inclusion on Ando Droms album Kaj Phirel o Del? (Where does God Walk?), and was
released on Ando Droms own record label, Ando Drom Project. The record was re-released in
the United States in 1997 under the title Gypsy Life on the Road by North Pacific Records. The
song is about hopelessness, when one can no longer trust anyone but her own mother and God.
32.

Mitsou has never signed any document that would permit anyone to use her voice

for advertising or trade purposes without her prior written permission.

33.

In addition to the recording Drunk in Love, the album Beyonc included a six-

minute black and white video of Beyonc and Jay-Z on a beach set to the recording Drunk in
Love. In the video, Mitsous solo vocal introduction follows 57 seconds of a cinematic,
intimate scene of the beach at night.
34.

The album, including the video, was released exclusively to iTunes on December

13, 2013 without any announcement.

Defying music business convention, the album was

released without any prior promotion or announcement, a release strategy that was widely
reported on by major media outlets. The album immediately went to Number 1 on the Billboard
chart. Beyonc became the fastest-selling album ever worldwide in the iTunes Store, according

to iTunes and Columbia Records, the singer's record label, selling 828,773 copies in its first three
days.
35.

The week following the release of the album exclusively on iTunes, the album

was made available for sale at all major physical and digital retailers.
36.

Drunk in Love, one of two lead singles from the album was immediately

released to radio and reached Number 2 on the Billboard Hot 100 U.S. chart and Number 1 on
Billboards Hot R&B/Hip Hop Songs chart. Drunk in Love was chosen and has been extensively
used to promote the whole album.
37.

The Drunk in Love video was posted to YouTube on December 16, 2013. In

less than one year, the video has been viewed over 236 million times.
38.

Mitsou never gave permission or consent, and never granted any of the

Defendants permission, to use her voice for any purpose.

39.

Defendants continue to publicly perform Drunk in Love as well commercially

exploit the Drunk in Love recording and video using Mitsous voice.
40.

Defendants knowingly and intentionally violated Plaintiffs rights. Defendants

knowledge and intent are established by the fact that Defendants to this day have not sought or
obtained permission from Plaintiff.
COUNT I
VIOLATION OF NEW YORKS RIGHT OF PUBLICITY UNDER NEWN YORK
CIVIL RIGHTSS LAW 51
41.

Plaintiff hereby repeats and realleges all allegations set forth as if fully set forth

42.

NYCRL 51 sets forth:

herein.

Any person whose name, portrait, picture or voice is used within this state for
advertising purposes or for the purposes of trade without the written consent first
obtained as above provided may maintain an equitable action in the supreme court
of this state against the person, firm or corporation so using his name, portrait,
picture or voice, to prevent and restrain the use thereof; and may also sue and

recover damages for any injuries sustained by reason of such use if the defendants
shall have knowingly used such persons name, portrait, picture or voice in such
manner as is forbidden or declared to be unlawful by section fifty of this article;
the jury, in its discretion, may award exemplary damages. (emphasis added).
43.

Defendants, by their acts alleged and described herein, have violated Section 51

of the New York Civil Rights Law.

44.

As a result of Defendants' violation of Section 51 of the New York Civil Rights

Law, Defendants are liable: (a) for compensatory damages; and (b) for exemplary damages in an
amount to be determined by the jury.
45.

As a proximate result of Defendants wrongful conduct, Plaintiff has been

irreparably harmed, and has also suffered damage in an amount to be determined at trial.
46.

Plaintiff hereby repeats and realleges all of the foregoing allegations as if fully set

forth herein.
47.

Defendants knowingly and willfully used Mitsous voice in their recording and

release of Drunk in Love.

48.

Defendants have not compensated Mitsou in any way for using her voice.

49.

As a result of Defendants unauthorized commercial use of Mitsous voice in

its song Drunk in Love, Defendants have been unjustly enriched to the detriment of Mitsou,
and Mitsou is entitled to damages.
COUNT II
PERMANENT INJUNCTION
50.

Plaintiff repeats and realleges the allegations set forth above as though set forth

fully herein.
51.

Section 51 of New Yorks Civil Rights Law provides that a person whose rights

under that section are violated may maintain an equitable action to prevent and restrain the use
thereof.

52.

Plaintiff has a likelihood of eventual success in this litigation.

53.

Plaintiff will suffer irreparable harm if injunctive relief is not granted by this

54.

Defendants blatant unauthorized use of Plaintiffs voice for trade purposes is

Court.

causing irreparable harm and emotional distress to the Plaintiff.

REQUEST FOR RELIEF AND JURY DEMAND

WHEREFORE, Plaintiff by her attorneys, respectfully requests that judgment be entered
against Defendants as follow:
a. Awarding to Plaintiff such damages as she shall prove to have sustained and a jury shall
find and/or as provided by law;
b. Awarding exemplary damages pursuant to New York Civil Rights Law 51;
c. An immediate injunction enjoining Defendants from any further unauthorized use or
exploitation of Plaintiffs voice;
d. Reasonable costs and attorneys fees;
e. Awarding Plaintiff judgment in her favor together with such further relief as this Court
deems just, equitable and appropriate.
Dated: New York, New York
December 12, 2014

Respectfully submitted,
Imbesi Law P.C.

/s/ Marsha Mozammel

____________________
Marsha Mozammel, Esq.
Vincent Imbesi, Esq.
450 7th Avenue, 14th Floor
New York, NY 10123
Tel: (646) 790-3851
Fax: (212) 658-9177