Kanye West has lost a lawsuit that claimed he violated the copyright of other artists by using an uncleared sample of their work during a live performance.
In July 2021, the artist, who is now legally recognized as Ye, presented his then-unreleased album Donda to 40,000 attendees at a listening event at Atlanta’s Mercedes-Benz Stadium. The version of the track Hurricane included a sample from MSD PT2, an instrumental created by four musicians: Khalil Abdul-Rahman, Sam Barsh, Josh Mease, and Dan Seeff. They produced the instrumental in 2018, and it reached Ye through another producer.
Ye removed the sample from the finished version of Hurricane when it was released to the public, instead interpolating elements of it. The four men were added to the songwriting credits, acknowledging the interpolation. But the plaintiffs argued that they were owed compensation for the sample being used in the earlier version broadcast at the listening party, because the event made money for Ye via ticket sales, merchandising and more. “There was no deal, no agreement, no licence, and no clearance,” their lawyer Irene Lee argued in a Los Angeles court.
A jury sided with the plaintiffs, who will receive a six-figure sum. Lawyers for Ye argued to Billboard that the sum would be smaller than the plaintiffs hoped for, claiming that Ye was not liable to pay the four separate sums named in the compensation award.
