Kanye West loses lawsuit over uncleared sample played at stadium fan event

"In July 2021 the artist, now legally known as 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 a sample of MSD PT2, an instrumental composed by four musicians: Khalil Abdul-Rahman, Sam Barsh, Josh Mease and Dan Seeff. They had made the instrumental in 2018, and it 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 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."

"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. Ye had appeared in person during the hearing."

Ye played an unreleased version of Donda at a listening party in Atlanta in July 2021. The song “Hurricane” included an uncleared sample of “MSD PT2,” an instrumental created in 2018 by four musicians. Ye later removed the sample from the publicly released version of “Hurricane,” replacing it with interpolated elements and adding the four creators to songwriting credits. The plaintiffs argued they were owed compensation for the earlier listening-party broadcast because the event generated revenue through ticket sales, merchandising, and related income. The jury sided with the plaintiffs and awarded a six-figure sum. Ye argued the compensation should be limited and disputed separate payment amounts.

Read at www.theguardian.com