Jay-Z and Timbaland appear in court for Big Pimpin' copyright trial

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The rappers have been accused of misusing music from the 1957 song Khosara Khosara by composer Baligh Hamdi
The attorney for Hamdi's heirs said they violated his 'moral rights'
EMI Arabia was paid $100,000 in 2001 for the rappers' use of the music and shared the payout with Hamdi's heirs
But Hamdi's nephew, Osama Ahmed Fahmy, said the deal was irrelevant under Egyptian law

By Dailymail.com Reporter and Associated Press

Published: 23:20 EST, 13 October 2015 | Updated: 00:49 EST, 14 October 2015

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Jay-Z and Timbaland were both in court on Tuesday for the first day of a copyright infringement trial regarding their 1999 song Big Pimpin'.

The rappers have been accused of misusing music from the popular 1957 love ballad Khosara Khosara by Egyptian composer Baligh Hamdi.

Attorney Pete Ross, who is representing the heirs to Hamdi's estate, accused Jay-Z, whose real name is Shawn Carter, and Timbaland of lacing vulgar lyrics over Hamdi's melody without receiving adequate permission.

Jay-Z pictured in court on Tuesday for the first day of a copyright infringement trial regarding his 1999 track Big Pimpin' with Timbaland

The rappers have been accused of misusing a flute sample from the 1957 song Khosara Khosara by Egyptian composer Baligh Hamdi

But Carter's lyrics aren't at issue in the case, and lawyers for the rappers say they secured the appropriate rights to feature Khosara Khosara on Big Pimpin'.

Christine Lepera, who is representing Timbaland, told jurors that he initially used elements of Hamdi's work thinking it was royalty-free, but later secured the appropriate rights.

Jay-Z paid record label EMI Arabia, which said it had rights over Khosara, Khosara, $100,000 in 2001 for the rappers' use of the music and the payout was shared with Hamdi's descendants.

Osama Ahmed Fahmy, the composer's heir and nephew, filed a lawsuit in US court in 2007 claiming that the deal was irrelevant under Egyptian law.

Ross said Big Pimpin' violated Hamdi's 'moral rights,' a legal concept he said is well-established in Egypt that would have required them to get permission to use elements of Khosara Khosara in a song celebrating a promiscuous lifestyle.

Lepera denied 'moral rights' were at issue in the case and said evidence would show that Hamdi's heirs had been repeatedly paid for the incorporating the composer's music into 'Big Pimpin.'

She also denied that the rap song use major elements of Hamdi's work, saying much of its music was simple and not copyrightable.

Khosara Khosara was featured in a 1957 Egyptian film and became a major hit, according to Ross.

The composer's nephew and heir Osama Ahmed Fahmy said they violated the 'moral rights' of Hamdi by using his music for a song that celebrates a promiscuous lifestyle (Jay-Z is pictured here in the Big Pimpin' music video)

Christine Lepera, who is representing Timbaland, told jurors that he initially used elements of Hamdi's work thinking it was royalty-free, but later secured the appropriate rights

Released on Jay Z’s fourth album: Vol 3…Life And Times of S. Carter, the track opens with a flute sample from Hamdi's ballad as the rapper declares: ‘It's big pimpin', baby’.

Jay-Z then raps: 'You know I, thug em, f*** em, love em, leave em / Cause I don't f****** need em'.

The rapper later revealed that he regretted the song's lyrics.

He told the Wall Street Journal in 2010: 'Some [lyrics] become really profound when you see them in writing. Not "Big Pimpin." That's the exception.'

'It was like, I can't believe I said that. And kept saying it. What kind of animal would say this sort of thing? Reading it is really harsh.'

The trial will resume Wednesday with testimony from an expert on Egyptian music who began testifying Tuesday about Hamdi's life and influence.

It is the second major case to go to trial in Los Angeles involving allegations that a hit song infringes on another artist's rights.

In March, a federal jury ruled that Robin Thicke and Pharrell Williams violated the copyright of Marvin Gaye's hit 'Got to Give It Up' to create their hit song 'Blurred Lines.'

Gaye's family was initially awarded $7.4 million, but a judge later trimmed the verdict to $5.3 million.

Record Label EMI Arabia, which said it had rights over Khosara, Khosara, was paid $100,000 in 2001 for the rappers' use of the music and shared the payout with the descendants of Hamdi (pictured)