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Jay Z wins copyright infringement case over Big Pimpin' Egyptian song sample Jay Z wins copyright infringement case over Big Pimpin' Egyptian song sample
(about 4 hours later)
Jay Z has won a copyright infringement trial stemming from his 1999 hit single Big Pimpin’, ending a long drawn-out case which shined a light on sampling in pop music and western artists’ use of Arabic melodies.Jay Z has won a copyright infringement trial stemming from his 1999 hit single Big Pimpin’, ending a long drawn-out case which shined a light on sampling in pop music and western artists’ use of Arabic melodies.
US district judge Christina Snyder abruptly dismissed the lawsuit against Jay Z and his producer Timbaland before it went to a jury at a federal court in Los Angeles on Wednesday, ruling that the heir of an Egyptian composer lacked the right to pursue a copyright infringement claim.US district judge Christina Snyder abruptly dismissed the lawsuit against Jay Z and his producer Timbaland before it went to a jury at a federal court in Los Angeles on Wednesday, ruling that the heir of an Egyptian composer lacked the right to pursue a copyright infringement claim.
The verdict ended a week-long trial and dashed an almost decade-long quest by Osama Fahmy, the nephew of Baligh Hamdi, an Egyptian composer whose 1957 song Khosara Khosara is partially used in Big Pimpin’. Fahmy had argued that Jay Z and Timbaland did not have the Hamdi family’s permission to sample the song’s flute notes.The verdict ended a week-long trial and dashed an almost decade-long quest by Osama Fahmy, the nephew of Baligh Hamdi, an Egyptian composer whose 1957 song Khosara Khosara is partially used in Big Pimpin’. Fahmy had argued that Jay Z and Timbaland did not have the Hamdi family’s permission to sample the song’s flute notes.
The judge ruled that Egyptian law did not apply and that the case should not go to a jury. “Fahmy lacked standing to pursue his claim. In light of that decision, it will not be necessary to submit to the jury whether Big Pimpin’ infringed Khosara Khosara,” she said.The judge ruled that Egyptian law did not apply and that the case should not go to a jury. “Fahmy lacked standing to pursue his claim. In light of that decision, it will not be necessary to submit to the jury whether Big Pimpin’ infringed Khosara Khosara,” she said.
Fahmy’s attorney, Pete Ross, vowed to fight the ruling. “We think it’s completely wrong, and we’ll appeal.”Fahmy’s attorney, Pete Ross, vowed to fight the ruling. “We think it’s completely wrong, and we’ll appeal.”
Jay Z (real name Sean Carter) and Timbaland (real name Timothy Zachery) had testified that they paid for the hook in their song – Jay Z’s first major hit single – in full by paying $100,000 to EMI Music Arabia for the license in 2001. Jay Z (real name Shawn Carter) and Timbaland (real name Timothy Mosley) had testified that they paid for the hook in their song – Jay Z’s first major hit single – in full by paying $100,000 to EMI Music Arabia for the license in 2001.
“We and our clients obviously are very pleased with this decision. The court correctly ruled that the plaintiff had no right to bring this case and cannot pursue any claim of infringement in connection with Big Pimpin’ whatsoever,” their attorney, Christine Lepera, said in a statement.“We and our clients obviously are very pleased with this decision. The court correctly ruled that the plaintiff had no right to bring this case and cannot pursue any claim of infringement in connection with Big Pimpin’ whatsoever,” their attorney, Christine Lepera, said in a statement.
The verdict ended a closely watched trial which touched on cultural sensitivities, with the lawsuit claiming the rap duo reused Khosara Khosara in an offensive way with lyrics which disrespected women and violated the composer’s moral rights under Egyptian law.The verdict ended a closely watched trial which touched on cultural sensitivities, with the lawsuit claiming the rap duo reused Khosara Khosara in an offensive way with lyrics which disrespected women and violated the composer’s moral rights under Egyptian law.
Hamdi is dead, as is the song’s singer, Abdel Halim Hafez, so it was Fahmy who launched the case with a legal complaint in 2007.Hamdi is dead, as is the song’s singer, Abdel Halim Hafez, so it was Fahmy who launched the case with a legal complaint in 2007.
Related: Legal battle over Jay Z's sampling on Big Pimpin' comes to head after eight yearsRelated: Legal battle over Jay Z's sampling on Big Pimpin' comes to head after eight years
Fahmy’s lawyer, Ross, alleged that in addition to paying EMI Music Arabia, Jay Z and Timbaland should have asked the composer’s family permission too, and did not do so because they knew Big Pimpin’s “vulgar” and “risqué” lyrics violated his moral rights under Egyptian law.Fahmy’s lawyer, Ross, alleged that in addition to paying EMI Music Arabia, Jay Z and Timbaland should have asked the composer’s family permission too, and did not do so because they knew Big Pimpin’s “vulgar” and “risqué” lyrics violated his moral rights under Egyptian law.
“This case is a perfect example of the importance of the requirement that a copyright owner be afforded the opportunity to consider any potential sublicense of his copyright,” said the motion.“This case is a perfect example of the importance of the requirement that a copyright owner be afforded the opportunity to consider any potential sublicense of his copyright,” said the motion.
Judge Snyder ruled the lyrics were irrelevant in the case and could prejudice the jury against the rapper. However, during the trial jurors saw an excerpt of the video, which featured Jay Z surrounded by women in bikinis, and heard the beginning of Big Pimpin’, but not the full song.Judge Snyder ruled the lyrics were irrelevant in the case and could prejudice the jury against the rapper. However, during the trial jurors saw an excerpt of the video, which featured Jay Z surrounded by women in bikinis, and heard the beginning of Big Pimpin’, but not the full song.
The video is in sharp contrast to the performances of Hafez, a boyish crooner whose songs and films epitomised Egypt’s cultural renaissance in the 1950s and 60s.The video is in sharp contrast to the performances of Hafez, a boyish crooner whose songs and films epitomised Egypt’s cultural renaissance in the 1950s and 60s.
He sang Khosara Khosara in a 1960 film titled Fata Ahlami. Lepera, Jay Z’s lawyer, denied Big Pimpin’ used major elements of the song, saying much of the music was too simple to be the subject of copyright.He sang Khosara Khosara in a 1960 film titled Fata Ahlami. Lepera, Jay Z’s lawyer, denied Big Pimpin’ used major elements of the song, saying much of the music was too simple to be the subject of copyright.
Some observers argued it was an example of healthy cultural cross-pollination while others alleged exploitation.Some observers argued it was an example of healthy cultural cross-pollination while others alleged exploitation.
Big Pimpin’ is not the first song to prompt overlapping debates about intellectual property and western pop music sampling of middle eastern melodies. Madonna sampled the Lebanese singer Fairuz singing Christian liturgy on Erotica, and the jagged strings in the Chemical Brothers’ 2005 song Galvanize are sampled from the Moroccan singer Najat Aatabou. Neither faced lawsuits.Big Pimpin’ is not the first song to prompt overlapping debates about intellectual property and western pop music sampling of middle eastern melodies. Madonna sampled the Lebanese singer Fairuz singing Christian liturgy on Erotica, and the jagged strings in the Chemical Brothers’ 2005 song Galvanize are sampled from the Moroccan singer Najat Aatabou. Neither faced lawsuits.
Earlier this year, a federal jury ruled that Robin Thicke and Pharrell Williams plagiarised Marvin Gay’s song Got to Give It Up in their 2013 R&B chart-topper Blurred Lines. Gaye’s family were initially awarded $7.4m – later reduced to $5.3m.Earlier this year, a federal jury ruled that Robin Thicke and Pharrell Williams plagiarised Marvin Gay’s song Got to Give It Up in their 2013 R&B chart-topper Blurred Lines. Gaye’s family were initially awarded $7.4m – later reduced to $5.3m.