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Fiddy & Kim's "Magic" Suit

Thu., Sep. 13, 2007 7:44 PM PDT by Natalie Finn

For all the good Lil' Kim says it does, the "Magic Stick" can't make a lawsuit disappear.

The raunchy rapper and guest-MC 50 Cent have been sued by a record producer who claims he never cashed in on the royalties he was due from his work on the hit single, which appeared on Kim's 2003 album La Bella Mafia.

In his lawsuit filed in Manhattan's state Supreme Court, Carlos Evans claims that he contracted with Rotten Apple Records to produce, engineer and mix the track "Magic Stick," which was originally earmarked for 50 Cent's career-making effort Get Rich or Die Tryin'.

He was paid a $7,500 advance and was promised a cut of the profits, Evans says, but he hasn't been paid and his requests for a royalty audit have been ignored.

Rotten Apple and Atlantic Records, which distributed La Bella Mafia, are also named as defendants in the suit.

Theodore Sedlmayr, an attorney for Rotten Apple, told the Associated Press Thursday that there was a dispute about the royalties because the large sample Evans used for "Magic Stick" had to be licensed and paid for, meaning there might not have much left in Evans' coffer once all the costs had been calculated.

The track samples Joe Simon's "It Be's That Way Sometimes."

"Atlantic is trying to get it straightened out," Sedlmayr said. "If after the accounting Mr. Evans is entitled to anything, he'll get it then."

Evans is seeking $2 million in compensatory and punitive damages.

"Magic Stick" hit number two on the Billboard Hot 100, despite not having an accompanying video, and eventually became one of Kim's signature tunes. La Bella Mafia has sold more than 1.1 million copies in the U.S.

And the ditty about the, um, device that hits "the baddest chicks" also led to a Fiddy-Kim feud.

I don’t have a lot of respect for 50 Cent because his music is hardcore [expletive] violent," Kim told the AP shortly before she began her nine-month stay in prison on a perjury rap in September 2005. "And I love his music sometimes, but I feel like in his personal life, his real life, he carries that on, and that’s not a great message, you know what I mean? I think he promotes it."

But, with regard to their beef: "How can a man have beef with a woman? Whatever, that's just not cool," she said.

"If I was selling six, seven million records, I'm not mad at anyone! How can you still be angry at people, still want to come at people? You're making money, you're selling millions of records, you should do something with that leverage."

Meanwhile, 50 continues to sell millions of records and rake in the influence that comes with that, but he still finds the time to "come at" people. The hip-hop mogul might be staring down some extra vacation time next week if Kanye West's Graduation, which had first-day sales Tuesday of 437,000, continues to outpace 50's latest release, Curtis, which moved 310,000 copies.

Fiddy, whose real name is Curtis Jackson, boasted that he'd give up his solo recording career if West outsold him this week.