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PEOPLE & ARTS A31
                                                                                                                            Thursday 22 October 2015

Judge dismisses copyright infringement case against Jay Z 

ANTHONY McCARTNEY                                                                                                         composed, but Carter’s
                                                                                                                          lyrics were not an issue in
AP Entertainment Writer                                                                                                   the case. Jurors heard the
                                                                                                                          beginning of “Big Pimpin’”
LOS ANGELES (AP) — A                                                                                                      several times and saw a
                                                                                                                          snippet of the music vid-
judge on Wednesday                                                                                                        eo, but the song was not
                                                                                                                          played in its entirety during
dismissed a copyright in-                                                                                                 the trial.
                                                                                                                          The rapper performed at a
fringement case against                                                                                                   New York concert to ben-
                                                                                                                          efit his Tidal music stream-
rapper Jay Z over his 1999                                                                                                ing service Tuesday night,
                                                                                                                          but did not perform “Big
hit “Big Pimpin’” before                                                                                                  Pimpin’.”
                                                                                                                          “For all of the drama ex-
the case was sent to a jury.                                                                                              pected to unfold in the
                                                                                                                          courtroom, to have the
U.S. District Judge Christina                                                                                             court decide that the case
                                                                                                                          should have never ad-
A. Snyder ruled the heir of                                                                                               vanced beyond the court-
                                                                                                                          house steps is anticlimac-
an Egyptian composer did                                                                                                  tic,” said James Sammata-
                                                                                                                          ro, a media lawyer with
not have the right to pur-                                                                                                the firm Stroock & Stroock
                                                                                                                          & Lavan. “In Jay-Z’s words:
sue a copyright infringe-                                                                                                 ‘Grand opening. Grand
                                                                                                                          closing.’”
ment claim. She did not

explain her decision in

detail, but told jurors she

tossed out the case after

hearing testimony from ex-

perts on Egyptian law.

The nephew of Baligh Ham-

di, an Egyptian composer

whose 1957 song “Khosara  In this April 16, 2014 file photo, Shawn “Jay Z” Carter announces the Made in America Festival
Khosara” is partially used from the steps of City Hall in Los Angeles. 

in “Big Pimpin’,” sued Jay                                                                             Associated Press

Z, producer Timbaland Ross, said after the ruling. of a trial earlier this year use it.

and several media com- The abrupt end to the case when jurors awarded Mar- His attorney, Christine

panies in 2007. Flute notes came after the rapper and vin Gaye’s children millions Lepera, praised the ruling,

that Hamdi composed are Timbaland testified about of dollars after finding the saying the hit-making pro-

repeated throughout the creating the rap hit and 2013 hit “Blurred Lines” in- ducer maintained through-                   He said Snyder’s ruling like-

Jay Z song, and nephew their belief that they had fringed one of their father’s out the eight-year case                   ly will limit the scope of an

Osama Ahmed Fahmy valid rights to use the Egyp- hits.                                      that he didn’t infringe on     appeal.

claimed they exploited tian song. It is rare for copy- Timbaland paid $100,000 any copyrights to create                   It is the second time this

“Khosara Khosara” without right cases involving major in 2001 to settle a claim the music for the rap song.               year that a jury has heard

proper permission.             media properties such as about usage of Hamdi’s Jay Z, whose real name is                  a copyright infringement

“We think it’s completely films or music to reach the song, which was written for Shawn Carter, also said he              case involving a major re-

wrong, and we’ll appeal,” trial stage. Wednesday’s a 1957 film, and testified thought he had a valid li-                  cording artist. In March,

Fahmy’s attorney, Pete ruling avoided a repeat that he believed he could cense to use the flute notes                     jurors awarded Marvin

                                                                                           for the song that became       Gaye’s children $7.4 mil-

       Cory Wells, Three Dog Night singer,                                                 his first major hit single.    lion after finding the 2013
                                                                                           “My client is pleased with
                                                                                                                          hit “Blurred Lines” by Robin

                    dies in New York at 74                                                 and gratified by the deci-     Thicke and Pharrell Williams
                                                                                           sion,” Jay Z’s attorney An-
                                                                                                                          copied Gaye’s hit “Got to

DUNKIRK, N.Y. (AP) — Cory      lifting the name from Aus-    Wells, a Polish-American      drew Bart said.                Give It Up.” A judge later
Wells, a founding mem-         tralian slang for especially  with several polka players    Jurors heard from witness-
ber of the popular 1970s       cold weather. They added      among his relatives, was      es who described con-          trimmed the amount to
band Three Dog Night and       a backing band as they        born Emil Lewandowski         tracts and copyright laws
lead singer on such hits as    became a top group over       in Buffalo. He joined the     in both the United States      $5.3 million. The artists’ law-
“Never Been to Spain” and      the following decade, spe-    Air Force right out of high   and Egypt and music ex-
“Mama Told Me (Not to          cializing in covers of songs  school and performed in       perts who offered dueling      yers are contesting the ver-
Come),” has died at age        by Randy Newman, Harry        local groups after return-    interpretations of how im-
74.                            Nilsson and Paul Williams,    ing. He moved to Los An-      portant the “Khosara Kho-      dict.
Wells experienced acute        among others.                 geles in the mid-1960s and    sara” flute notes are to “Big
back pain weeks ago and        Dubbed the “kings of          while in the house band for   Pimpin’.”                      Both cases showed the
died suddenly Tuesday          oversing” by Village Voice    the popular club the Whis-    The notes are repeated
in Dunkirk, where he had       critic Robert Christgau,      key A-Go-Go he met Hut-       throughout the song,           “music litigation world has
lived, bandmate Danny          they patented a fervent,      ton, a writer and producer    which is a raunchy ode to
Hutton said.                   gospel-influenced style on    at the time with Hanna-Bar-   a promiscuous lifestyle.       become the Wild West
“Cory was an incredible        such hits as “One,” ‘’Eli’s   bera Records. Wells and       Carter himself noted “Kho-
singer — a greater per-        Coming” and the chart-        Three Dog Night continued     sara Khosara” was cred-        these days,” said Glen
former, he could sing any-     topping “Joy to the World.”   to record and tour, in vari-  ited on at least one of his
thing,” Hutton said.           Band members took turns       ous incarnations, right up    CDs that Fahmy’s attorney      Rothstein, an intellectual

                                                                                                                          property lawyer with the

                                                                                                                          firm Greenberg Glusker.

                                                                                                                          While the “Blurred Lines”

                                                                                                                          and “Big Pimpin’” cases

                                                                                                                          were different and had

                                                                                                                          vastly different results,

                                                                                                                          Rothstein said they were

                                                                                                                          expensive          endeavors

                                                                                                                          and likely will lead record

The cause of Wells’ death on lead vocals, with Wells’ to the present. Wells’ death showed jurors.                         companies to seek more

was unknown, Universal singing featured on “Sham- comes seven months after “We have the rights as you                     licenses for sampled music

Music Enterprises spokes- bala,” ‘’Never Been to longtime keyboard player can see on the bottom of                        to avoid having their work

woman Sujata Murphy Spain” and the No. 1 hit Jimmy Greenspoon died of the CD,” Carter testified                           tied up in court.

said.                          “Mama Told Me (Not to cancer.                               last week.                     “They’re almost going to

Vocalists Wells, Hutton and Come),” Newman’s comic Wells is survived by his wife,          Ross has said the rap’s lyr-   self-insure by paying more
                                                                                           ics are at odds with the
Chuck Negron formed tale of an innocent man at two daughters and five                      love ballad that Hamdi         royalties upfront,” Roth-

Three Dog Night in 1967, a wild party.                       grandchildren.q                                              stein said.q
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