Foxx Song Hits Sour Note
Jamie Foxx's song "Heaven" doesn't put everyone on cloud nine.
A $75 million lawsuit was filed against the Oscar winner in March by a Detroit man claiming that Foxx's "Heaven" is a reworked version of a song the plaintiff copyrighted in December 2003, according to papers filed in Eastern Michigan's U.S. District Court and obtained by TMZ.com.
Michael A. Johnson has stated that, after seeing Foxx perform the song on The Oprah Winfrey Show in December, he recognized his own tune, called "One of God's Angels Is AWOL." Johnson also said that he had mailed out a mass number of copies of his song lyrics to record companies, including Sony, whose J Records label put out Foxx's album, Unpredictable.
"The songs are so similar that, if my song was released today, people would think I copied Jamie's song," Johnson wrote in his complaint. "My songs were sent out in hopes of a contract, not to be changed and disguised as someone else's creation."
He is asking for $15 million apiece from Foxx, J Records, Sony Records, Sony BMG Music Entertainment and Face Production to cover damages, royalties that he has missed out on and the "mass exposure" he would have received if that song had been attributed to him.
Foxx has said that "Heaven," about an angel missing from heaven and living on Earth with him, was inspired by his 11-year-old daughter Corrine.
"The song is basically saying that there was an angel up in heaven who was this little girl angel and it was God's favorite angel," Foxx, who provided his own piano accompaniment for the song, said last year. "She would always look at the plight of this couple who weren't able to have a kid, so, one day when God was having a role call, she didn't answer. She had snuck off and blessed them with a child."
But Johnson had thought of that, going on to state in his complaint:
"Even if Mr. Foxx's song was inspired by his daughter, they are still my lyrics. Maybe Mr. Foxx thought or assumed, because my songs were sent out hand-written, that I was not professional enough to have had my songs copyrighted and took advantage of that."
If people were to begrudge Foxx's success, they have been given plenty of ammunition to use. Since wowing the critics with his Ray performance in 2004, Foxx went on to ink a contract with J Records, perform at the Grammys, land a plum role in Michael Mann's big-screen version of Miami Vice and serenade millions with his stock acceptance speech while picking up nearly every acting honor imaginable.
Unpredictable dropped in December, selling nearly 598,000 copies its first week out and landing Foxx a number-two spot on the Billboard 200. It hit number one a week later, coincidentally becoming the first album since Ray Charles' 2004 effort Genius Loves Company to reach the top spot without debuting there.
The 38-year-old multitasker is also up for five BET Awards this year in both acting and music categories. The honors will be handed out Tuesday, June 27 in Hollywood.





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