Jay Z and Timbaland were recently victorious in their copyright infringement trial over Jigga’s 2000 hit “Big Pimpin” but the issue may not be over for the pair just yet.
Though Los Angeles Superior Court Judge Christina A. Snyder ruled that the plaintiff, Osama Fahmy, “lacked standing to pursue his claim,” and that “in light of that decision, it will not be necessary to submit to the jury whether ‘Big Pimpin’ infringed ‘Khosara Khosara,’” before abruptly dismissing the case, Fahmy’s counsel told the Hollywood Reporter that they don’t plan to drop the issue.
“We disagree strongly with the ruling, and we fully intend to appeal,” Fahmy’s attorney Keith Wesley said. “We haven’t fully formulated our appeal strategy, but certainly we believe the court committed legal error in failing to restrict the license under Egyptian law.”
Fahmy originally sued the two musical powerhouses for illegally sampling his uncle Baligh Hamdi’s 1957 song “Khosara Khosara” for “Big Pimpin’” without permission. Jay and Tim meanwhile maintain that they indeed got permission for the sample via the song’s publishing company; however, that licensing deal ended in 2006.
With the end of the licensing deal between EMI and the Egyptain company Sout El Phan, it appeared that Hamdi’s family had no grounds in which to base their claim. However, a judge ruled that since the song has been used numerous times during live performances, on television, and in movies after 2006, the family could proceed with their lawsuit to determine if the defendants infringed on the copyright of the Hamdi song.
Now that Judge Snyder has ruled in his favor, Jigga’s attorney says his client “is pleased with and feels vindicated by the decision.”
According to their testimony, Jay Z and Timbaland originally paid $100K to EMI Music Arabia for the licensing of the song in 2001.
