A couple of months back, we outlined a lawsuit that had been launched against Jay Z and Timbaland by the nephew of an Egyptian composer named Baligh Hamdy. The late Mr. Hamdy created a 1957 song called "Khosara, Khosara," which contains a hook that sounds extremely similar to the one heard in Jay and Timbaland's 1999 hit single "Big Pimpin." The lawsuit brought forward serious allegations of copyright infringement, raising questions about intellectual property rights in the music industry.
In August 2007, Hamdy's nephew, Osama Ahmed Fahmy, launched a copyright infringement lawsuit claiming that Jay and Timbaland unlawfully used a sample from his uncle's song. According to Fahmy, the only way to legally license "Khosara, Khosara" was through its full, unaltered version. Since the sample used in "Big Pimpin'" was an altered loop, Jay Z would have needed permission from all of Hamdy's children due to an Egyptian "moral rights" law. Consequently, Hamdy sought to recover damages for any infringement that occurred from August 2004 onward. After a lengthy court process, the case was finally heard by a California judge earlier this month, leading to a significant decision.
U.S. District Judge Christina A. Snyder dismissed the case against Jay Z and Timbaland, but the reasoning behind the dismissal was unexpected. The judge did not declare that Jay Z and Timbaland were innocent of infringing the song's copyright. Instead, Judge Snyder stated that Osama Ahmed Fahmy lacked the right to pursue the case because he did not hold the copyright. "Fahmy lacked standing to pursue his claim," said Snyder. Therefore, it was unnecessary to determine whether "Big Pimpin'" infringed upon "Khosara Khosara."
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Last week, Jay Z and Timbaland testified in court regarding the usage of the "Khosara, Khosara" sample. Jay Z claimed he was unaware of the sample when Timbaland presented "Big Pimpin'" to him. When questioned about why he didn't verify the rights for "Khosara, Khosara," Jay responded, "That's not what I do. I make music." Meanwhile, Timbaland beatboxed "Big Pimpin'" during the court session to emphasize the importance of the beat in his productions rather than the samples themselves.
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Lawyers representing both Jay Z and Timbaland stated that Hamdy's family had received payments multiple times for the use of the "Khosara, Khosara" sample and that they had licensed the song through EMI. Timbaland's lawyer, Christine Lepera of Mitchell Silberberg & Knupp LLP, expressed satisfaction with the court's ruling: "We and our clients are obviously 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'." However, Pete Ross, the lawyer for Osama Fahmy, indicated plans to appeal the ruling, asserting that the judge's decision was "completely wrong."
