Ye, the rapper formerly known as Kanye West, has lost a copyright lawsuit after artists accused him of infringing on their work by using an uncleared sample during a live performance.
Four musicians — Khalil Abdul Rahman, Sam Barsh, Dan Seeff and Josh Mease — claimed Ye incorporated their 2018 track “MSD PT2” in his song, “Hurricane,” during a listening party for his 10th studio album, Donda, held at Mercedes-Benz Stadium in Atlanta in July 2021.
On Wednesday, a jury in Los Angeles found Ye, who testified at the trial, liable for $176,153 in damages, and his companies, Yeezy LLC, Yeezy Supply, and Mascotte Holdings, liable for around $260,000 in damages.
The four artists’ legal representative, Britton Monts, said: “It’s a victory for working artists, who typically lack the resources to go against someone like Ye, a megastar and celebrity. The underdogs got their day in court.”
However, a Yeezy spokesperson labelled the victory a “failed shakedown.”
“Six months ago, they wanted $30million out of Ye. The moral of the story? There is a cost attached to thinking you can take advantage of Ye,” they concluded.
Ye himself testified during the trial, claiming that “a lot of people try to take advantage of me,” and telling the jury that “we went through the normal process” to have the samples cleared.
The final version of “Hurricane” did not include the sample; instead reworking parts of the composition and crediting the musicians for the interpolated elements.
However, the plaintiffs argued they were owed royalties from the listening party, which generated revenue from ticket sales and merchandise.
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“There was no deal, no agreement, no licence, and no clearance,” their lawyer Irene Lee argued in court.
The final version featured The Weeknd and Lil Baby with additional vocals from the Sunday Service Choir and KayCyy. It went on to win Best Melodic Rap Performance at the 2022 Grammy Awards.
Over the years, Ye — who is known for his penchant for samples — has faced multiple lawsuits and threats of legal action over allegedly using copyrighted music without permission.
The artist is currently attempting to bring his comeback tour to Europe, but the efforts have so far been derailed, with countries including the U.K., France and Poland blocking his performances amid backlash over past antisemitic remarks.
In January, West took out a full-page ad in The Wall Street Journal apologizing for years of offensive outbursts, blaming a brain injury caused by a 2002 car crash for his erratic behavior.
He said that he believes the injury also added to his struggle with bipolar disorder, which he was diagnosed with in 2016.
He went on to say that he regrets the things he said and did while spiraling during his manic episodes, writing that he “lost touch with reality” and “gravitated toward the most destructive symbol I could find, the swastika, and even sold T-shirts bearing it.”