Osama Ahmed Fahmy v. Jay-Z (aka Shawn Carter), Timothy Mosely, Kyambo Joshua, Bob Bourdon, Brad Delson, Mike Shinoda, Dave Farrell, Joseph Hahn, Chester Bennington, Big Bad Mr. Hahn Music, Chesterchaz Publishing, EMI Blackwood Music Inc., EMI Music Publishing Ltd., Kenji Kobayashi Music, Lil Lulu Publishing, Machine Shop Recordings LLC, Marcy Proje
Published: Mar. 12, 2016 | Result Date: Feb. 5, 2016 | Filing Date: Jan. 1, 1900 |Case number: 2:07-cv-05715-CAS-PJW Summary Judgment – Defense
Court
USDC Central
Attorneys
Plaintiff
Keith J. Wesley
(Ellis George Cipollone O'Brien Annaguey LLP)
Peter W. Ross
(Ross LLP)
Defendant
Christine Lepera
(Mitchell, Silberberg & Knupp LLP)
Daniel Rozansky
(Stubbs Alderton & Markiles, LLP)
Facts
Osama Fahmy filed a copyright infringement lawsuit against hip-hop artist Shawn Carter professionally known as Jay-Z, music producer Timothy "Timbaland" Mosely, EMI Music Publishing Ltd., Kenji Kobayashi Music, MTV Network Enterprises Inc., Paramount Pictures Corp., UMG Recordings Inc., Universal Music., Warner Music Inc., and various others in connection with a song called Big Pimpin. The song was featured in Jay-Z's album Vol. 3...Life and Times of S. Carter, released in 1999.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff's uncle composed "Khosara Khosara." The composer's heirs licensed the work to an Egyptian company, which then sublicensed it to EMI. EMI thereafter sub-sub-licensed the work to Jay Z and Timbaland who then used a sample of the work in Jay-Z's song, Big Pimpin. Plaintiff claimed that he, as an heir to his uncle's work, retained the right to approve or reject alterations to the original work under Egyptian law's "moral rights."
DEFENDANTS' CONTENTIONS:
Defendants challenged plaintiff's authority. Defendants also claimed that plaintiff lacked standing.
Result
The judge ultimately ruled in favor of the defense, finding that Fahmy had no legal or beneficial ownership right to the work after having assigned all of his economic rights in the work to another. Accordingly, the judge dismissed the case with prejudice.
Other Information
FILING DATE: Aug. 31, 2007.
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