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A Brooklyn-based photographer is suing “FELA! on Broadway” for allegedly ripping off a picture that features prominently in the Tony-award winning musical.

Marilyn Nance says her shot of the late musician Fela Kuti’s Nigerian nightclub is being used without permission as part of the production design for the critically acclaimed hit show.

Nance’s Manhattan federal court suit — which seeks $150,000-plus in damages for copyright infringement — alleges that her photo is projected “onto or above” the stage and “effectively serves as the backdrop for the FELA! set.” She claims that the image was displayed during 40 percent of the June 27 performance of FELA!, including the entire 16-minute intermission.

Also, she claims the photo appears in the show’s $10 souvenir program book with a bogus attribution to “Monique Carboni,” as well as in the booklet for the $25 original cast recording CD and a promotional music video, the suit alleges.

FELA! publicist Richard Kornberg called Nance’s suit “without merit,” noting that her shot is of a “public building in Lagos, Nigeria.” READ MORE HERE!

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