PAUL ANKA SAYS MIJAC RIPPED OFF HIS SONG: Update: There's been an agreement: Anka gets 50%

Scroll down to HEAR the song behind the controversy, 'This Is It'

      Singer-songwriter Paul Anka believes the King of Pop's tune rips off a 1983 song he co-wrote with Jackson called "I Never Heard." He tells TMZ that the song was even recorded in his studio in Carmel, Calif.

      TMZ reported: Anka says he took the tape to a studio in Hollywood to put the finishing touches on it for Anka's duets album, "Walk a Fine Line." Anka claims Jackson -- who was just blowing up at the time with "Thriller" -- got a big head and "stole the tapes" from the studio.

        Anka tells us he called the lawyers who repped both he and Jackson -- ironically one of them was John Branca -- and threatened them with a lawsuit if he didn't get the tapes back. Anka got them back but insists Jackson made a copy of the tapes and used the track with his voice from "I Never Heard" -- and simply retitled it, "This is It."       

        Anka gave "I Never Heard" to another artist -- Safire -- who recorded it in 1990. Anka tells us he's talking with his lawyers about his legal options.

UPDATE ...

     *An executor of Jackson's estate, John Branca and Anka's legal team, have come to an agreement: the two co-wrote the song!

     "We acknowledge that Michael and Paul wrote this song together," said Branca.

     "We'll give you whatever you want, whatever it takes we'll do the right thing," Anka said John McClain, the second Jackson executor told him.

     Here's the deal, literally: Paul Anka will now get 50% of the publishing from "This Is It."

Here's the song behind the controversy, 'This Is It':

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