Jay Z's Big Pimpin' copyright infringement case dismissed - Action News
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Entertainment

Jay Z's Big Pimpin' copyright infringement case dismissed

A judge on Wednesday dismissed a copyright infringement case against rapper Jay Z over his 1999 hit Big Pimpin' before the case was sent to a jury.

Judge rules Egyptian composer's heir has no right to pursue copyright infringement case

Rap mogul Jay Z, seen performing in New York in May, was sued by the heirs of Egyptian composer Baligh Hamdi, who created the 1957 hit Khosara Khosara. Four notes of the earlier song are used repeatedly in the rapper's 1999 hit Big Pimpin'. (Theo Wargo/Getty Images)

A judge on Wednesday dismissed a copyright infringement case against rapper Jay Z over his 1999 hitBig Pimpin'before the case was sent to a jury.

U.S. District Judge Christina A. Snyder ruled that the heir of an Egyptian composer did not have the right to pursue a copyright infringement claim and the case should be tossed out.

The nephew of Baligh Hamdi, an Egyptian composer whose 1957 song Khosara Khosarais partially used in Big Pimpin',sued Jay Z, producer Timbaland and several media companies in 2007. Flute notes that Hamdi composed appear throughout the Jay Z song, and nephew Osama Ahmed Fahmy claimed they had exploited Khosara Khosarawithout proper permission.

"We think it's completely wrong, and we'll appeal," Fahmy'sattorney, Pete Ross, said after the ruling.

The abrupt end to the case came after the rapper and Timbaland testified about creating the rap hit and their belief that they had valid rights to use the Egyptian song.

Timbaland paid $100,000 USin 2001 to settle a claim about usage of Hamdi's song, which was written for a 1957 film, and testified that he believed he had valid rights to use it.

His attorney, Christine Lepera, praised the ruling, saying the hit-making producer had maintained throughout the eight-year case that he didn't infringe on any copyrights to create the music for the rap song.

Jay Z, whose real name is Shawn Carter, also said he thought he had a valid licence to use the flute notes for the song that became his first major hit single.

"My client is pleased with and gratified by the decision," Jay Z's attorney Andrew Bart said.

Copyright law, music experts testify

Jurors heard from witnesses who described contracts and copyright laws in both the United States and Egypt and music experts who offered dueling interpretations of how important the Khosara Khosaraflute notes are to Big Pimpin'.

The flute notes are repeated throughout the song, which is a raunchy ode to a promiscuous lifestyle.

Pete Ross, an attorney for Fahmy, has said the rap's lyrics are at odds with the love ballad that Hamdi composed, but Carter's lyrics were not an issue in the case.

Jurors heard the beginning of Big Pimpin' several times and saw a snippet of the music video, but the song was not played in its entirety during the trial.

The rapper performed at a New York concert to benefit his Tidal music streaming service Tuesday night, but did not perform Big Pimpin'.

The case is the second time this year that a jury has heard a copyright infringement case involving a major recording artist.

In March, a jury awarded Marvin Gaye's children $7.4 million US after finding that the 2013 hit Blurred Linesby Robin Thicke and Pharrell Williams copied Gaye's hit Got to Give It Up.A judge later trimmed the amount to $5.3 million, and the artists' lawyers are contesting the verdict.