Differences in the law create potentially large and inherent complications in international transactions. In the context of the entertainment industry, this can occur regarding moral rights.
A moral right is “the right of an author or artist, based on natural-law principles, to guarantee the integrity of a creation despite any copyright or property-law right of its owner” (Black’s Law Dictionary, 10th ed. 2014). Variations of this concept exist in countries such as Egypt. Also, the US has a very limited application of the same principle under federal law.
Recently, moral rights were one of the legal issues embodied in a Ninth Circuit case involving the American musician Jay Z’s use of a sample of the Egyptian musician Baligh Hamdy's song "Khosara Khosara" in the song “Big Pimpin”. Specifically, Osama Ahmed Fahmy, Mr. Hamdy’s heir, is seeking enforcement of his Egyptian moral rights to "Khosara Khosara" in US federal court. Fahmy took issue with "Khosara Khosara"’s association with, in his opinion, the morally objectionable content of Jay Z’s song.
This case is important because of its potential implications on moral rights in the United States. Furthermore, this case is significant because it serves as a reminder of one potential complication, and the importance of accounting for foreign law, in international entertainment transactions.
To read more about the Jay Z lawsuit visit:
http://www.hollywoodreporter.com/thr-esq/big-pimpin-legal-battle-centers-moral-rights-982164
Ross A. Carbone, Esq. is an associate in the Corporate practice group, and Media, Sports and Entertainment sector, of the law firm of DLA Piper LLP (US).