Judge dismisses Osama Fahmy's copyright claim against Jay Z over Big Pimpin'

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Lawsuit was filed by Osama Fahmy, nephew of Baligh Hamdi, a composer
The Egyptian's 1957 ballad, written for a movie, featured in the 1999 tune
Accused rapper of not getting permission to use a flute sample from song
Also claimed the 'vulgar' lyrics in the hip-hop single disrespected women
But judge ruled Mr Fahmy did not have right to pursue infringement claim

Published: 17:25 EST, 21 October 2015 | Updated: 11:03 EST, 22 October 2015

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A judge has dismissed a copyright case against rapper Jay Z over his hip-hop classic hit Big Pimpin'.

A lawsuit had been filed by Osama Fahmy, the nephew of Baligh Hamdi, an Egyptian composer whose 1957 song Khosara Khosara features in the 1999 tune.

He said the late composer would have been 'horrified' to learn his song had been combined with 'vulgar' rap lyrics in the track which extols the 'pimpin' life of casual sex.

But US District Judge Christina Snyder ruled Mr Fahmy did not have the right to pursue the infringement claim and it should not go to a jury.

Jay-Z was accused of illegally using a flute sample by an Egyptian composer for his 1999 hit 'Big Pimpin'

The rapper and Timbaland testified in Los Angeles they thought they had valid rights to sample the flute notes

She also ruled that the lyrics were irrelevant in the case and could prejudice the jury against the rapper.

Mr Fahmy had claimed Jay Z - real name Shawn Carter - and producer Timbaland - real name Timothy Mosley - illegally used the sample to the 1957 song without first asking permission.

He also claimed the rap song's lyrics - which begins 'You know I, thug 'em, f*** 'em, love 'em, leave 'em, because I don't f****** need 'em' - was at odds with the love ballad Hamdi composed for a movie.

He said the lyrics in the song, which was Jay Z's first major hit single, disrespected women and violated the composer's moral rights under Egyptian law.

However, the rapper and Timbaland testified in Los Angeles they thought they had valid rights to sample the flute notes.

Timbaland said in 2001 he paid $100,000 to EMI Arabia, which said it owned 'Khosara Khosara', for the rights to the song.

Mr Fahmy claimed that deal was irrelevant and the rapper still had to seek consent for alterations to the original work.

In the video to Big Pimpin', Jay Z is surrounded by scantily clad women - Mr Fahmy had claimed it disrespected women and violated the composer's moral rights under Egyptian law

The rapper had been accused of using the melody of Egyptian songwriter Baligh Hamdi's 1957 song Khosara Khosara without permission

Following the decision, Jay Z's lawyer Andrew Bart said: 'My client is pleased and gratified by the decision'.

The lawyer for Mr Fahmy, Keith Wesley, said: 'We strongly disagree with the ruling and we fully intend to appeal.'

The case has taken years to get to court, with Mr Fahmy first filing a legal complaint in 2007.

It is the second high-profile musical copyright case this year, after a federal jury ruled in March that Robin Thicke and Pharrell Williams plagiarised Marvin Gaye in their hit Blurred Lines.

Gaye's children were awarded $7.4million (which was reduced to $5.3million) after they successfully claimed Williams and Thicke's 2013 hit copied the Motown legend's 1977 song 'Got to Give It Up'.