Beyonce is being called as a witness in a copyright infringement trial.

This comes after a Chicago songwriter and performer, Rickey Allen, claims that Destiny's Child — and Beyonce in particular — released the group's hit 'Cater 2 U' unlawfully in 2004.

Allen claims writing credits to the tune, saying his track inspired Destiny's Child's version, reports BET.

Allen performed his version of 'Cater 2 U' in Chicago and has even updated the copyright more than twice since the track was originally copyrighted in the mid-1990s.

A Chicago judge has allowed the jury to hear Allen's claims against Beyonce and the trial will be held on 10 December 2009.

Matt Wildermuth, Rickey Allen's lawyer said: "Do we say [Beyonce's] responsible for copying? Yes. But there's no such thing as innocent copying, even if it's unintentional."

Destiny's Child's lawyers claim the case has no value and have requested that it be dropped immediately. But U.S. District Judge, James Holderman, says there's enough evidence for the case to go to trial.

Beyonce's representatives have not yet commented on the decision.