Kanye West Loses Copyright Infringement Lawsuit Over Uncleared Sample

The Copyright Infringement Verdict

Kanye West has lost a lawsuit which alleged he infringed on other artists' copyright by playing an uncleared sample of their work during a live event. The artist, now legally known as Ye, was found liable for using a sample of MSD PT2, an instrumental composed by four musicians: Khalil Abdul-Rahman, Sam Barsh, Josh Mease and Dan Seeff.

The Donda Listening Event Controversy

In July 2021, Ye played his then-unreleased album Donda to 40,000 fans at a listening party held at Atlanta's Mercedes-Benz Stadium. The version of the song Hurricane featured the sample of MSD PT2, which had been made in 2018 and had made its way to Ye via 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 musicians were added to the songwriting credits, acknowledging the interpolation.

Financial Impact of the Lawsuit

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.

Legal Precedents in Music Sampling

This case highlights the ongoing legal complexities around music sampling, particularly in live performances and unreleased works. The ruling establishes that even if a sample is later removed from a final commercial release, its use in a public, revenue-generating event can still constitute copyright infringement. The decision may encourage more musicians to seek clearance for even temporary or unreleased uses of copyrighted material in live settings.

Ye's Legal Troubles Continue

Ye had appeared in person during the hearing. "I pride myself on giving people what they deserve," he told the court, adding: "I feel like a lot of people try to take advantage of me. As I sit in this courtroom today, I just think people are trying to make more than they otherwise would because it's me." This is the second lawsuit that Ye has lost this year, after he was ordered to pay $140,000 to a handyman who alleged he wasn't paid for renovations he carried out at a Malibu mansion owned by Ye. A representative for Ye acknowledged the outcome of the trial but described it as a "failed shakedown."

Broader Implications for Ye's Career

Ye has also caused widespread outrage in recent years for a series of antisemitic remarks, songs and clothing designs, though in March he was nevertheless booked to perform a three-night run at London's Wireless festival, scheduled for July. Jewish groups, and politicians including Keir Starmer and London mayor Sadiq Khan, opposed the booking, and corporate sponsors pulled out of the festival. The Home Office then banned Ye from entering the UK, and the festival was cancelled. These legal and public relations challenges continue to impact Ye's professional opportunities and public image.