Osama Fahmy, the nephew of Baligh Hamdi and Egyptian composer behind the sample used, “Khosara Khosara,” argued the rapper and producer had no “moral right” to the sample because they never asked his family to use it. Judge Christina Snyder said Fahmy and his family had no grounds to sue Jay Z, Timbaland and EMI Records because Fahmy signed the rights to “Khosara Khosara” to Sout El Phan, a Middle Eastern record label, who then gave EMI Records the rights to use it.
Fahmy said that while he have up the “economic right” to the song, he never gave up the “moral right,” especially for use outside of Egypt. Jay Z, Timbo and his team argued, though, Fahmy couldn’t use the grounds of moral right outside of Eygpt.
The suit was filed back in 2007, so this took eight long years to decipher. This should clear up the use of sample from states that have “moral rights” laws, though. As long as the person you licensed your music to agrees to the song’s use, it doesn’t matter if the song is used outside the country without your permission.