Jay Z attended the start of a longstanding copyright infringement trial on Tuesday over his 1999 hit “Big Pimpin.’ “
The rapper, whose real name is Shawn Carter, appeared at a federal courthouse in Los Angeles along with producer Timbaland (Timothy Mosley), according to the Associated Press.
The music moguls are accused of violating rights to “Khosara Khosara” a 1957 hit by Egyptian composer Baligh Hamdi by including elements of the work in “Big Pimpin.’ ” But lawyers for the two men say Carter, 45, and Mosley, 43, secured the appropriate rights to feature the ’50s love ballad in the hip hop track riddled with explicit lyrics.
Relatives of the late composer filed the complaint in 2007, holding that the men used his uncle’s composition without permission, Reuters reports. The nephew’s lawyer held that Jay Z and his producers avoided asking for permission to use Hamdi’s composition because they knew it wouldn’t be granted due to the explicit nature of the rap song’s lyrics.
“You have to go to the composer himself, or his heirs, play the work, and get his approval,” the attorney said, per Reuters. “That, he never did.”
Lawyers for Carter and Mosley did not respond to a request for comment from PEOPLE.
However, Mosley’s attorney, Christine Lepera, maintained that the producer secured the appropriate rights after initially using elements of the composition without permission, believing the work was royalty-free, the AP reports.
Peter Ross, the nephew’s attorney, disputed the statement, accusing the men of violating the composer’s “moral rights” – a legal concept he says is well-established in Egypt and would have required the men to seek permission before using elements of “Khosara Khosara” in a song promoting a promiscuous lifestyle.
Relatives of the late composer filed the complaint in 2007, holding that the men used his uncle’s composition without permission, Reuters reports. The nephew’s lawyer held that Jay Z and his producers avoided asking for permission to use Hamdi’s composition because they knew it wouldn’t be granted due to the explicit nature of the rap song’s lyrics.
“You have to go to the composer himself, or his heirs, play the work, and get his approval,” the attorney said, per Reuters. “That, he never did.”
Lawyers for Carter and Mosley did not respond to a request for comment from PEOPLE.
However, Mosley’s attorney, Christine Lepera, maintained that the producer secured the appropriate rights after initially using elements of the composition without permission, believing the work was royalty-free, the AP reports.
Peter Ross, the nephew’s attorney, disputed the statement, accusing the men of violating the composer’s “moral rights” – a legal concept he says is well-established in Egypt and would have required the men to seek permission before using elements of “Khosara Khosara” in a song promoting a promiscuous lifestyle.
The judge agreed that the lyrics of the song would not be discussed in relation to the lawsuit because the words “disgusting” and “vulgar” could cast the rapper in a negative light.
Reuters reports that producers paid $100,000 to EMI Music Arabia after learning that the label owned “Khosara Khosara,” and, according to the AP, Lepera argued that Hamdi’s heirs had been repeatedly paid for Carter’s use of the composition.
Mosley and Carter sported smiles as they left the courthouse. The rapper donned a navy suit and tie while Mosley opted for a white button-down shirt and black pants.
“See you tomorrow,” Carter told Mosley with a laugh, and the rapper gave a shrug when reporters asked how the first day of the trial went.
The trial resumed Wednesday with both Carter and an expert on Egyptian music expected to testify.
Carter is also involved in another lawsuit. He, Beyonc´ Pharrell Williams, Kanye West, Pharrell Williams and Rihanna filed a lawsuit togetheragainst French retailer, ElevenParis, for allegedly using their names and likeness without permission.
