Jay Z, Kanye West and Frank Ocean are being sued by musician Joel McDonald, according XXL

McDonald says that Jay Z, Kanye West and Frank Ocean used his “Made In America” while making their song of the same name on the 2011 album Watch The Throne.

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The New York musician is seeking $3 million in damages. 

Joel McDonald’s “Made In Amercia” is below, as is Watch The Throne song of the same name.

In 2011, soul musician Syl Johnson sued Jay-Z and Kanye West, as well as Universal Music Group and Def Jam, for sampling his song “Different Strokes” without permission for “The Joy.”  Jay Z and Kanye West’s representatives fought the lawsuit, denying the allegations, though acknowledging that the song was released prior to Watch the Throne.

Hov and ‘Ye reportedly cited federal copyright law in their defense, claiming that because the song was made before 1972 (when the law was enacted regarding covers), they were legally able to use it.

RELATED:Syl Johnson Speaks On Jay-Z & Kanye West’s Uncleared Sample On “The Joy”