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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