After a week-long trial Shawn Carter (Jay Z) and Timothy Mosley (Timberland), have defended the sampling of the 1957 song Khosara Khosara by Egyptian composer Baligh Hamdi, the sample was used in Jay ZÂs 1999 single ÂBig PimpinÂ.
It was argued that Jay Z did not have permission to sample the song, along with the issue that the sample was used in an offensive way that violated the composerÂs moral rights under Egyptian law.
Shawn Carter and Timothy Mosley testified that they had paid $100,000 to EMI Music Arabia for the licence to use the hook in the song.
US District Judge Christina Snyder dismissed the lawsuit after ruling that Osama Fahmy, the nephew of the composer, did not have the right to seek a claim for copyright infringement. Whilst also ruling that Egyptian law did not apply.
Pete Ross, Osama FahmyÂs attorney commented ÂWe think itÂs completely wrong, and weÂll appealÂ.
This is not the first, nor will it be the last case that arises from sampling used in western pop songs. In 2005 the Chemical Brothers sampled Najat Aatabou, Moroccan singer, in their hit ÂGalvanizeÂ. Â Madonna was involved when she sampled Fairuz, a Lebanese singer, in her song ÂEroticaÂ. Â However, no law suits were filed.
Robin Thicke and Pharrell Williams were not so lucky when it was held that they had plagiarised Got to Give It Up by Marvin Gaye. They were ordered to pay $5.3m after being reduced from $7.4m to the Gaye family.Â
