Ye Faces Jury in 'Hurricane' Copyright Trial: Will the Rapper Testify?
Ye, formerly known as Kanye West, is embroiled in a copyright infringement lawsuit over his track 'Hurricane.' The case has reached a jury trial where Ye is expected to testify.
Kanye West has faced numerous copyright infringement lawsuits throughout his career, and now one has reached a jury trial, with the artist, now known as Ye, expected to testify this week.
On Monday, a jury in downtown Los Angeles heard opening statements. The plaintiffs' lawyer argued that Ye should pay $564,046 to four musicians for allegedly using an uncleared sample of their work in an early version of his Grammy-winning song “Hurricane.” The song was played at a listening party for his 10th studio album, Donda, held at Mercedes-Benz Stadium in Atlanta in July 2021.
Ye’s lawyer countered that the artist was merely conducting a “test drive” of the sample with “implied consent” from the musicians. He argued that the musicians were pleased that a major star was experimenting with their music and that financial discussions would only have been relevant if the sample had been used on the album.
The four musicians – Khalil Abdul Rahman, Sam Barsh, Dan Seeff, and Josh Mease – are suing Ye through their company, Artist Revenue Advocates. The lawsuit initially claimed infringement of both the composition and sound recording of their instrumental track, “MSD PT2,” but was later narrowed to the use of their recorded sample.
According to Irene Lee, the plaintiffs' lawyer, Ye used the sample without permission or payment. She stated that while her clients were initially “excited” about Ye’s interest, they felt “snubbed and ignored” when they weren't fairly compensated. Although the sample wasn't included on Donda, Lee argues it was clearly infringed upon.
Lee stated that the track served as the lead single at the listening event and generated $5.5 million for Ye through ticket sales, merchandise, a streaming deal with Apple, and apparel sales.
“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.”
Ye’s lawyer, Eduardo Martorell, argued that the plaintiffs were “trying to jump industries” by seeking a share of apparel profits. He emphasized that Ye’s fame drove 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, testified, “I’m here today to tell our story. [MSD PT2] is the basis of ‘Hurricane.’ All the music you hear in ‘Hurricane’ comes from that. It’s repeated.”
The trial is expected to last a week. Ye recently testified in another trial in downtown Los Angeles, where he appeared to doze off during questioning. The case involved Tony Saxon, who was awarded $140,000 for injuries suffered while working at Ye’s Malibu beach home.
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