A US judge in California on Wednesday dismissed a case against Jay Z
in which the heir of an Egyptian composer said the rapper illegally used
a flute sample in his hip-hop classic “Big Pimpin’.”
After a week of testimony in the copyright infringement case,
in which lawyers for the plaintiff said the late composer would have
been “horrified” to learn his song had been combined with “vulgar” rap
lyrics to create “Big Pimpin’,” US district judge Christina Snyder
dismissed the case.
It was the latest twist in a long-running saga over the flute sample
which opens and appears throughout Jay Z’s 1999 hit song extolling the
“pimpin'” life of casual sex.
That sample turned out to come from late composer Baligh Hamdi’s song
“Khosara, Khosara,” composed for a 1957 movie, and Hamdi’s nephew Osama
Ahmed Fahmy argued that Jay Z and producer Timbaland illegally used the
sample without first asking permission.
However, the rapper, whose real name is Shawn Carter, and Timbaland,
whose real name is Timothy Mosley, testified that they were under the
belief they had valid rights to the song.
Timbaland testified that in 2011 they had paid $100,000 in 2001 to
EMI Arabia, which said it owned “Khosara, Khosara,” for the rights to
the song.
But Fahmy claimed that deal was irrelevant and that the rapper would
have still had to seek consent for alterations to the original work.
“My client is pleased and gratified by the decision,” Jay Z’s
attorney Andrew Bart, said after the judge ruled the case would not go
to a jury.
Fahmy’s lawyer, Peter Ross, declined comment.
The case is just the latest in a string of copyright infringement lawsuits involving a major artists.
In March, a jury in California awarded Motown legend Marvin Gaye’s
children $7.4 million after ruling that singers Robin Thicke and
Pharrell Williams had plagiarized the late singer’s music in their song
“Blurred Lines.”
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