Copyright Infringement Trial against Jay Z Begins

The attorney for the Egyptian composer’s heirs, Baligh Hamdi, argued that Jay Z and Timbaland infringed on the rights of Hamdi’s hit released in 1957 called “Khosara Khosara” in creating “Big Pimpin.’” The lawyer argued that Jay Z used Hamdi’s lovely melody and inserted his vulgar lyrics over it without permission. Jay Z’s lyrics are not at dispute in the lawsuit and his and Timbaland’s attorneys claim that they obtained the appropriate permission and rights to use “Khosara Khosara” on “Big Pimpin’.”

Timbaland, whose real name is Timothy Mosely, was present at the trial. Christine Lepera, informed the jurors that although he initially used some of Hamdi’s work because he believed it was royalty-free, but he later obtained the appropriate rights.

The Egyptian heirs’ attorney alleged that the defendant violated Hamdi’s “moral rights,” which is a legal concept that he claims is well-established in Egypt that would have required them to obtain the necessary authorization to use “Khosara Khosara” in a song that glamorizes a promiscuous lifestyle.

The defendants’ argued that “moral rights” were not at issue in the lawsuit and said evidence would demonstrate that Hamdi’s heirs had been paid for the use of Hamdi’s work into “Big Pimpin.’” Attorneys for Jay Z and Timbaland deny that their rap song used major elements of “Khorsara Khorsara,” and that much of it was simple and not copyrightable.

This is the second major lawsuit in Los Angeles involving claims that a hit song infringed on the rights of another artist. In March of this year, a federal jury entered a ruling that the song “Blurred Lines” by Pharrell Williams and Robin Thicke violated the copyright of Marvin Gaye’s hit “Got to Give It Up.” Gaye’s family was awarded a judgment in the amount of $7.4 million, but the judge later lowered the amount to $5.3 million.

If you are interested in learning more about copyright infringement, contact the legal team at The Swenson Law Firm for assistance.

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