Jay Z Testifies In LA Court Over Copyright Infrigement Trial Concerning His 1999 Hit 'Bit Pimpin'
In a 2007 complaint by the nephew of the late Egyptian songwriter Baligh Hamdy indicated that rapper Jay Z and hip-hop producer Timothy "Timbaland" Mosley used a song without his uncle's permission.
On Osama Ahmed Fahmy's part, the New York Daily News reported that his lawyer, Peter Ross, touched on Egyptian Law --- which stated that for their situation, Jay Z and Timbaland had the obligation to get direct approval from Hamdi himself, or presumably his estate, before overlaying the sample with "vulgar and demeaning" lyrics. Ross asked the rapper to admit under oath that the lyrics to "Big Pimpin" were "sexually explicit" and "vulgar".
Jay Z responded, "It depends on your definition of vulgar. Art can be vulgar."
On Wednesday, Jay Z said in court that he had no responsibility for clearing music rights for his recordings, telling the judge at the trial, "That's not what I do. I make music."
Jay Z, real name Shawn Carter, was reported by Reuters to remain calm through his ninety-minute testimony on the second day of the trial at the US District Court in Los Angeles. Jay Z indicated that he assumed his producer, Timbaland, was the one who created the chorus melody for the song in question, called "Big Pimpin".
"I didn't think it was a sample. There would be no reason for me thinking to clear the song," the rapper stated. He also added that hundreds of other people typically deals with contracts and licensing.
For his part, Timbaland said that he created a beat before adding Hamdy's "Khosara, Khosara", claiming that he found the track on a CD labeled "license free". He said, "I'm thinking it's free music, free songs and I sampled it," he added.
He also demonstrated his process of creating the music in court with a keyboard set up by the witness stand. He showed how to record a rap vocal, layering several audio clips to create a brief piece.
As for the licensing situation, Timbaland said that his legal team did alert him to a copyright claim, which was resolved immediately. "Legal just told me, 100 grand, and you're clear. I thought I was free and clear," Timbaland said.
The hundred grand was paid to EMI Music Arabia, who gave them license to use the track. Meanwhile, Timbaland said that Fahmy, Hamdy's nephew who slapped them the case, never filed an initial complaint before the lawsuit and upon learning of Fahmy's claims, Timberland questioned, "so who did I pay the 100 grand to?"