The long-standing lawsuit for the sample clearance of Jay Z’s “Big Pimpin” is moving forward now that a trial date has been set for Oct. 13. And according to court documents, Jay Z and producer Timbaland will both be called to testify.
As The Holywood Reporter notes, this isn’t a typical case of a producer not bothering to clear the sample. While Timbaland initially thought he was sampling music that was public domain, it turned out to be Baligh Hamdy’s “Khosara, Khosara.” A subsidy of EMI claimed ownership of the song, Tim paid $100,000 for rights to sample on the Jay Z hit, and that should have been that.
Osama Ahmed Fahmy, the nephew of Hamdy, suggests otherwise as he believes a “moral rights clause” in Egyptian law allows him and his family rights to the usage of “Khosara Khosara” and that the deal with EMI is invalid. They’ll also be looking for revenue beyond record sales.
[Fahmy’s lawyers will] also be calling to the witness stand Dr. Michael Kamins, a marketing expert who has conducted a survey of those who have seen Jay Z in concert in an effort to determine if fans making ticket purchases did so with expectation of seeing “Big Pimpin.” And then there’s Sam Rubin, an entertainment reporter who will be called to offer his opinion on the significance of the song to Jay Z’s career.
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