Standing Still Lacking Under 1909 Act In "Big Pimpin'" Case

Nafal v. Jay-Z, et al, 11 cv 06238 (C.D. Cal. Mar 2, 2012).

Plaintiff argued that because was the exclusive license of a song sampled in the Jay-Z song "Big Pimpin'", he had standing to sue Defendants for infringement. The court held that Plaintiff's standing had to be evaluated under the 1909 Copyright Act (due to the copyright date of the sampled song). Even if Plaintiff were deemed a co-exclusive licensee, the 1909 Act required Plaintiff to join the author's heirs in the action, who were the copyright owners. He did not do so, and accordingly, lacked standing.