Jay Z has succeeded, right out of the gate, in defeating a lawsuit over his and Timaland’s use of an Egyptian song “khosara, khosara”, in his classic Big Pimpin.
The suit filed by the nephew of the song writer , Osama Fahmy, filed almost eight years ago, sought unprecedented damages from the rapper. The lawsuit tried to insinuate the song was so important to Jay’s career, that the plantiffs believed they were entitled to a piece of everything the rap mogul has done since the song’s release over a decade ago.
The case hinged on “moral rights” a concept that exists in US law but is taken to a new level in Egyptian law. Under Egyptian moral rights, permissions freely given to a song can be taken away if the copyright owners believe the use in some way offends the copyright holder.
The judge decided Egyptian law does not apply and therefore the trial cannot move forward:
“Fahmy lacked standing to pursue his claim,” said Snyder in court Wednesday. “In light of that decision, it will not be necessary to submit to the jury whether ‘Big Pimpin’ ‘ infringed ‘Khosara Khosara.’ ”
“I had to hear the testimony of Egyptian law experts in order to reach that decision,” she added. She discharged the jury at about 10:30 a.m.
The plantiff’s plan to appeal.