Raging Bull Copyright Case Impacts Jay-Z Litigation

In its May Raging Bull decision, the Supreme Court ruled that the equitable defense of laches – an unreasonably delay in pursuing a right or claim – cannot be invoked to preclude a claim for damages that is brought within the Copyright Act’s three-year statute of limitation. Many suspected the ruling would increase the number of copyright infringement actions, and a high-profile example has already come to light, involving Jay-Z and his 2000 breakout song, “Big Pimpin.” The heir of Egyptian composer Baligh Hamdi – whose song “Khosara, Khosara” was sampled in “Big Pimpin” – sued Jay-Z seven years ago, and this week U.S. District Judge Christina Snyder vacated a previous finding that Hamdi’s heir could not claim copyright damages between March 2001 – when the producers of “Big Pimpin” agreed to a settlement with “Khosara, Khosara” rights-holders EMI – and 2006, when that settlement expired. Now, Hamdi’s heir may pursue a portion of Jay-Z’s profits off the song for that five-year period.