This is just “Blurred Lines” 2.0.
Jay Z and Timbaland are battling a lawsuit over allegations they improperly used a flute sample by an Egyptian artist for their 1999 hit song “Big Pimpin’.”
Osama Fahmy, an elderly, retired heir and nephew of Egyptian composer Baligh Hamdi, is suing them for sampling the tune Hamdi composed in 1957 for the film “Khosara, Khosara.” He filed suit in California federal court in 2007 and a judge will finally hear the case on Oct. 13. Jay Z and Timbaland are expected to testify.
“I haven’t seen a case last this long. I don’t think there’s a single answer — complex litigation can last for years, but this has been unusual,” Fahmy’s lawyer, Keith Wesley, told us.
Timbaland initially used the sample believing it was in the public domain, then entered into an agreement with EMI Music Arabia, which said it has the rights to “Khosara, Khosara,” in 2001. Court documents state Timbaland paid a lump sum of $100,000 to EMI, which “granted the right to exploit the ‘Big Pimpin’ ’ composition, to the extent it used ‘Khosara.’ ”
The money was distributed to descendants of Hamdi, who died in 1993, but Fahmy now wants more, claiming the Hamdi family was not aware of how important his flute sample would be to Timbaland’s song. Fahmy “wasn’t aware of the settlement agreement at the time. We’re seeking fair compensation,” Wesley said, but declined to specify the damages they were seeking.
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