Ye Loses Sample Copyright Suit, Must Pay Six Figures
SkimNews Take
The legal ruling suggests that even non-commercial or promotional uses of copyrighted material are subject to the same clearance standards as commercial releases, expanding the scope of potential infringement.
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- Ye lost a copyright lawsuit brought by musicians Khalil Abdul-Rahman, Sam Barsh, Josh Mease, and Dan Seeff over an uncleared sample of their 2018 instrumental "MSD PT2" played during the July 2021 Donda listening party at Atlanta's Mercedes-Benz Stadium in front of 40,000 fans.
- The jury sided with the plaintiffs and awarded a six-figure sum, though Ye's lawyers argued to Billboard the actual payout would be smaller, claiming he wasn't liable for the four separate sums named in the compensation award.
- Plaintiffs' attorney Irene Lee argued in Los Angeles court that "there was no deal, no agreement, no licence, and no clearance" for the sample used during the event that generated revenue through ticket sales and merchandising.
- Ye removed the sample from the finished public release of Hurricane, instead interpolating elements of it and adding the four musicians to the songwriting credits — but the plaintiffs argued the listening-party version still owed them compensation.
- Ye appeared in person at the hearing and told the court: "I pride myself on giving people what they deserve... people are trying to make more than they otherwise would because it's me."
- A judge dismissed the plaintiffs' separate claim for lost revenue from the finished Hurricane recording earlier this year, and Ye's representative called the verdict a "failed shakedown."
- This is Ye's second lawsuit loss this year, after he was ordered to pay $140,000 to a handyman who alleged he wasn't paid for renovations at his Malibu mansion.
Why it matters: A jury ruled that sampling another artist's work without clearance—even at a single live event—creates copyright liability, reinforcing that pre-release broadcasts carry the same protections as finished tracks. For the four "MSD PT2" instrumentalists, the six-figure award validates their claim that uncredited sampling demands compensation even when later replaced in the final release.
