Bloomberg BNA’s Patent Trademark & Copyright Law Daily™is the IP industry’s premier news service, offering objective, timely,and reliable daily news coverage and commentary from leading IP law...
Jan. 16 — Recording artist Jay-Z must abide by a magistrate judge's order to produce evidence of his earnings from concerts at which he performed the song “Big Pimpin',” which has been the subject of an ongoing infringement claim by the estate of an Egyptian composer, the U.S. District Court for the Central District of California ruled Jan. 12.
The court rejected Jay-Z's motion to review the magistrate judge's ruling and his argument that the concert revenue figures should not be disclosed because there was no way the estate could identify how much of the revenue was due to the performance of “Big Pimpin',” as opposed to other songs performed during the same concerts.
The dispute goes back to a claim by the estate of Baligh Abdel Hamid Hamdi Orsi p/k/a Baligh Hamdi (1932-1993) that a 1999 recording of “Big Pimpin'” by Shawn Corey Carter p/k/a Jay-Z infringed a 1950s composition, “Khosara Khosara.”
In 2013, Judge Christina A. Snyder found that the estate had waited too long under the doctrine of laches to seek damages for any alleged infringement occurring after 2000.
In the instant order, the court responded to a discovery dispute in which the estate sought to determine the amount of revenue earned by Jay-Z during the period in which laches did not bar recovery.
Jay-Z argued that the estate should have to show a causal nexus between the alleged infringement and his profits from live performances when “Big Pimpin'” was not the only song that was performed.
The court said that the estate had sufficiently demonstrated that its discovery request was “reasonably calculated to lead to the discovery of admissible evidence” and rejected the motion.
The estate was represented by Browne George Ross LLP, Los Angeles. Jay-Z was represented by Caldwell Leslie & Proctor P.C., Los Angeles.
To contact the reporter on this story: Anandashankar Mazumdar in Washington at email@example.com
To contact the editor responsible for this story: Tom P. Taylor at firstname.lastname@example.org
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)