Jay-Z, Timbaland Sued for $5 Million Over “Big Pimpin’” Sample

Jay-Z and Timbaland are being sued for $5 million for a sample illegally used on Hov’s 2000 hit single, “Big Pimpin’,” according to a lawsuit. Ahab Joseph Nafal filed the suit on July 23  in the United States District Court, Central District of California.

According to Allhiphop.com, the legal battle stems from the use of a song titled “Khosara, Khosara,”originally by composer Baligh Hamdy, on the Timbo-produced track off Jay’s Vol. 3 … The Life & Times of S. Carter album. The legal action re-emerged now because lawyers are arguing the track, created in 1957, is governed by a 1909 Copyright Act and not  a 1976 Copyright Act. So, although the original lawsuit was dismissed in 2007 after Nafal failed to join all individuals with rights to the composition in the lawsuit, as the 1909 Act mandates, a federal judge ruled in May of this  year that the children of Hamdy, who died in 1993, are allowed to continue the lawsuit.

The reason for the pursuit is that it was ruled in a court of law that Jay-Z and Timbaland only obtained “economic rights” for the song, not the proper sample clearance from representatives of Baligh Hamdy, as they had claimed in the earlier lawsuit. Thus, Hamdy’s other children never granted permission to use the sample.

The amended lawsuit re-asserts claims that the pair failed to receive proper sample clearances or pay the proper royalties on the tune. Also named in the suit are Roc-A-Fella Records, Def Jam Records, Warner Music Group and rock act Linkin Park (over a remixed version from their collaborative LP with Jay-Z, Collision Course).—Mariel Concepcion

  • Shawty J

    Sounds more like an interpolation than a sample, either way Jay and Tim might have to pay up.

  • Nic

    ooo pay 5 mil for a song that made him 10s of millions. fair trade,

  • evanturner171

    a little late on that one…

  • lol

    All I wanna know, is how the hell did timbo find this sample.. and what encouraged him to sample it! Then it became one of the biggest rap singles! WHOA! lol. Nuts how shit works out.

    • @iamshakara

      hell yeah!

  • http://www.twitter.com/gavinrehbeinAFC Gavin Rehbein

    As Hov said on ‘So Appalled’ – “I lost 30mil so I spent another 30 cause unlike Hammer, 30 million can’t hurt me” I don’t think he’s gonna worry about $2.5m. Hahaha!!! #WTT

  • Thomas

    All rappers and producers have to do is stop sampling and they wouldn’t find themselves in this mess. How uncreative are all of these people. So what sampling is part of the hip hop roots. It should end today. Guys like Lil Wayne (with the Rolling Stone sample) and Jay Z (with the Abdel Halim Hafez sample) should pay up and stop making excuses and the producers need to come in with fresh ideas…spend more time creating then at the studio buying 100 cds at a time digging for samples.

    • $yk

      don’t think that major labels do not encourage sampling…aka re-using music from older artists that they have investments in (publishing)…

      they would stand to make more money off of the re-used music (with the percentage split from the former and new artist and the revival of interest in the former artists’ music publishing catalog) than sitting and waiting to see if that new Lex Lugar beat takes off.

      These suits are isolated incidents, usually because someone at the publishing company didn’t do the proper clearance.

  • Jugular Kill

    Indian people are mad clever,… they don’t sue you immediately, they wait a few years so the claim is more relative. 5 million is reasonable, but if they sued 10yrs ago, that would be 300K.

    Seriously Timbaland & Jay ain’t losing sleep over this. Timberland is also using a second sample in this song can you hear the surf style guitar….

  • abdi ali

    he is not indian dummy he is egyptian!! africa standddd up!!!

  • El

    @thomas what stop samling! and listen 2 that down south sinth stuff all day? nahh my nigga..sampling is a big part of hiphop if u like it ore not…

    • Los Angeles Angelz

      I agree!!!

  • El

    @thomas what stop sampling! and listen 2 that down south sinth stuff all day? nahh my nigga..sampling is a big part of hiphop if u like it ore not…

  • moreffa

    them niggaz is fucked

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