From Hollywood to Home: Black Voices in Entertainment
- Plaintiffs seek $564,046 for use of an uncleared sample in an early version of Hurricane played at Mercedes-Benz Stadium listening event.
- Defense says Ye had "implied consent" during a "test drive" of the sample and would have negotiated payment if used on Donda.
- Artist Revenue Advocates filed suit for four musicians; composition claims were struck, leaving only the stadium recording infringement claim.
- Irene Lee says clients were "excited" then "ghosted," never consented to commercial use and expected fair compensation.
- Plaintiffs' expert tied the event to $5.5 million revenue; damages set at $564,046 (10%); defense blames Ye's fame, not the one-minute sample.
Kanye West has been hit with more than a dozen copyright infringement lawsuits over his controversial career. Now one has reached a jury, with the artist now known as Ye expected to testify later this week.
On Monday, a panel of eight jurors heard opening statements in a federal courtroom in downtown Los Angeles. From the plaintiffs’ lead lawyer, they heard Ye should pay $564,046 in damages for using an uncleared sample in an early version of his Grammy-winning song “Hurricane,” which was played for tens of thousands of fans at a high-profile listening party for his 10th studio album, Donda, held at Mercedes-Benz Stadium in Atlanta in July 2021.
From Ye’s lead lawyer, jurors heard that the Grammy-winning artist was conducting a “test drive” of the sample with “implied consent” from the four musicians who created it. Ye’s lawyer said the men were “happy one of the biggest stars” was “experimenting” with their music, and if the sample had been used on Donda, which it wasn’t, they would “talk about money” then.
The four musicians — Khalil Abdul-Rahman, Sam Barsh, Dan Seeff, and Josh Mease — are suing Ye through a company they formed in 2024, Artist Revenue Advocates. Their lawsuit initially alleged infringement of both the composition and the sound recording of their one-minute instrumental track, “MSD PT2,” but the case was later narrowed to a single claim involving the use of the recording at the stadium. Their composition infringement claims were stricken after it was determined the men had signed prior agreements relinquishing full control over their composition royalties.
Irene Lee, a lawyer for the plaintiffs, said Ye used the sample without permission or payment. She said her clients were “excited” when they first learned he was interested in their work, but “what they were offered was not fair,” and they never gave consent for any commercial use.
“They trusted that they would be treated professionally,” she said, adding that they voluntarily shared the sample with Ye’s team with the expectation they would be “compensated fairly” if it was used. In the end, she said, the team “ghosted” them after the demo gained traction, leaving them feeling “snubbed and ignored.” Although the sample was not included on Donda, Lee said it was clearly infringed.
According to Lee, the track served as the lead single at the listening event. She said an expert analysis found the performance generated $5.5 million for Ye through ticket sales, merchandise, a $1.25 million streaming deal with Apple, and the fact that Ye wore a jacket onstage that he later released through his apparel deal with Gap. She said the $564,046 in damages, representing 10% of that revenue, was calculated in part because “Hurricane” was the “most anticipated” track at the event after Ye previously leaked a snippet on Instagram.
“This is such a remarkable trial,” Lee told the jury. “We have a clear admission, under oath from Ye, that he actually used our client’s copyright-protected music.”
When it was his turn, Ye’s lawyer, Eduardo Martorell, said the plaintiffs were “trying to jump industries” by seeking a share of apparel profits. He said Ye’s global fame and more than 60 Grammy nominations drove the listening party ticket sales, “not a one-minute and one-second instrumental.”
“We don’t think we should be here,” Martorell told the jurors. “This lawsuit should never have been filed. The artists led my client to believe he had permission to use their music every step of the way.”
Daniel Seeff, the bass player on the sample, was the first witness called to the stand Monday afternoon. “I’m here today to tell our story,” he said. “[MSD PT2] is the basis of ‘Hurricane.’ All the music you hear in ‘Hurricane’ comes from that. It’s repeated.”
It wasn’t clear on Monday when Ye will testify, but the trial is slated to last a week. Ye recently took the stand at a different trial a block away in downtown Los Angeles. During that state trial, Ye appeared to doze off while he was being questioned by the lawyer for Tony Saxon, the man who was awarded $140,000 for injuries suffered while working at the rapper-producer’s $57 million Malibu beach home.
This article originally appeared on Rolling Stone.
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