After hanging in the air for several years, it looks like Jay Z's case regarding his "Big Pimpin'" sample will finally be heading to trial.

The lawsuit against Hov was filed eight years ago and challenged the legality of his sample of Egyptian song "Khosara Khosara" from the 1960 film Fata ahlami. According to Billboard, a trial is scheduled for Oct. 13, and federal judge Christina Snyder indicated that she would likely deny Osama Ahmed Fahmy's motion for summary judgment against Jay Z.

Fahmy claims to be an heir of  “Khosara Khosara” composer Baligh Hamdy and sued Jay for copyright infringement. Timbaland, Paramount Pictures, Warner Music, UMG and MTV were also named among the defendants.

According to Fahmy, the company that licensed the song to Timbaland—EMI Arabia—never had the right to do so. EMI Arabia had a deal with Egyptian record label Sout el Phan, the same label Fahmy licensed "Khosara Khosara" to. However, EMI's license to the song reportedly expired back in 2007. His main argument is that although Sout el Phan had the right to license the song to other companies, those third-party affiliates couldn't then license the song without his permission.

The record company's lawyer, David Steinberg of Mitchell Silberberg & Knupp, says that Fahmy did indeed permit EMI to license the Egyptian tune. In a tentative ruling, the federal judge agreed the case presented triable issues. Earlier settlement attempts were unsuccessful.

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