So, this week as we are talking about protecting your cool ish online, a reader sends me a link to an article, “Jay-Z Says ‘Big Pimpin’ Copyright Suit Came Too Late.” Basically, Jay-Z has requested a federal judge to drop a lawsuit filed against him for copyright infringement of an Egyptian song “Khosara, Khosara” sampled in “Big Pimpin.” Jay-Z and his camp state that they signed a license to the song with EMI Music Arabia, giving them the right to use it in his song.
The Plaintiff filed suit in August 2007, eight years after the song was released. Law360 reports that Jay-Z’s attorney, Russell Frackman, asked this question of the judge:
“How could you willfully infringe somebody’s copyright when you don’t know that he has a claim [to the copyright]?”
That’s a darn good question.
Do you see the problem here?
The defendant was more than likely aware of “Big Pimpin” as early as 2000, yet he didn’t speak up until 2007.
He waited too long to protect his ish.
Basically, there are two lessons here.
1. Law of Laches. Basically, you cannot unreasonably delay in pursuing a right or claim against someone. Laches can be raised as a defense in copyright infringement cases.
2. Statute of Limitations, my people. The statute of limitations for copyright infringement is three years, which generally begins from the date you discovered or should have discovered the infringement (depends on where you go to court).
The lesson?
If you think someone is jacking your ish….
Say something.
And check out “Kosara, Kosara” while you do.
WOW!!!!! Jay straight jacked this!!!!! I didn’t even know that!!! “Who sampled who” always amazes me! Good read! Thanks!
@PatriceCokley:disqus thanks for checking it out. I can’t see how this one turns out either!