Hungarian singer Mitsou lost a lawsuit against Beyoncé and Jay Z who accused them of using her voice on “Drunk in Love” without her permission.

According Page Six, Mitsou (real name Monika Miczura Juhasz) didn’t win because the song is “constitutionally protected work of art.” She claimed that her voice was sampled and manipulated for the Grammy-nominated song without her permission. The song in question is “Gypsy Life on the Road” that was released in 1997.

Mitsou sued for monetary damages, claiming the “blatant unauthorized use of [her] voice for trade purposes is causing irreparable harm and emotional distress.”

However, Manhattan Supreme Court Justice Cynthia Kern threw out the case because Mitsou was suing under the state Civil Rights Law, which only protects a “name, portrait, picture or voice used for advertising or trade purposes without written consent.”

Kern says that “Drunk In Love” is a work of artistic expression and is exempted from the Civil Rights Law. The judge also refuted Mitsou’s argument that the Civil Rights Law applied to the song and video because it was used in an HBO advertisements and a series that showcased her world tour.

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