Joel “Joel Mac” McDonaldNew York City musician Joel “Joel Mac” McDonald sued Jay Z, Kanye West, and Frank Ocean, alleging that the trio stole the concept for Watch The Throne‘s “Made In America” from him.

TMZ reveals a development in the case today (November 5).

Joel Mac says he was outside the Mercer Hotel in SoHo a few years back … at the same time the famous trio was recording Jay Z’s “Watch the Throne” album. Jay, Kanye and Frank had rented a bunch of rooms in the hotel and actually recorded part of the album there.

So Mac says in a new federal lawsuit — obtained by TMZ — a guy named Mike Dean bought one of his CDs in front of the hotel, and the next thing he knew his song  — Made in America — was cut 11 on the album. Jay Z’s song is also called Made in America, and gotta say … they sound similar.

It appears that the case Mac filed in New York wasn’t sufficient. Dean’s alleged purchase adds an interesting nuance to the potential that the superstars wrongfully jacked his record.

JayZ and Kanye

Listen to the songs… you be the judge.

Leave your thoughts on the matter in the comments.

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