Kanye West Trial: “Hurricane” Sample Dispute

The legal battles for Kanye West, or Ye, continue. This week, a federal courtroom in downtown Los Angeles became the stage for opening statements in a copyright infringement trial. The case centers on an uncleared sample used in an early version of his Grammy-winning song “Hurricane,” from his 10th studio album, Donda.

The “Hurricane” Sample Dispute

The core of the lawsuit involves four musicians – Khalil Abdul-Rahman, Sam Barsh, Dan Seeff, and Josh Mease – who claim Ye used their instrumental track, “MSD PT2,” without proper permission or payment. They are seeking $564,046 in damages, which represents a portion of the revenue generated from a high-profile listening party in Atlanta in July 2021, where the song was played.

The plaintiffs’ lead lawyer, Irene Lee, argued that Ye’s team “ghosted” them after they shared the sample, leaving them feeling “snubbed and ignored.” She stated that while her clients were initially excited about Ye’s interest, the offered compensation was not fair, and they never consented to any commercial use. Lee highlighted that an expert analysis found the performance generated $5.5 million for Ye through various avenues, including ticket sales and merchandise.

Ye’s Defense: “Test Drive” with Implied Consent?

On the other side, Ye’s legal team, led by Eduardo Martorell, contends that the Grammy-winning artist was merely conducting a “test drive” of the sample. They argue that the musicians gave “implied consent” and were happy that a major star was “experimenting” with their music. The defense suggested that discussions about money would have occurred only if the sample had made it onto the final version of Donda, which it did not.

Martorell also pushed back against the plaintiffs seeking a share of apparel profits, stating that Ye’s global fame and extensive Grammy nominations were the primary drivers of the listening party’s success, not the one-minute instrumental sample. He asserted that the lawsuit should never have been filed, as the artists led Ye to believe he had permission.

The Musicians’ Perspective

Daniel Seeff, the bassist for the sample track, was the first witness called to the stand. He 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.”

While the lawsuit initially included claims for infringement of both the composition and sound recording, it was later narrowed. The composition infringement claims were dismissed after it was determined the musicians had signed prior agreements that relinquished full control over their composition royalties. The current focus is solely on the use of the sound recording at the stadium event.

The trial is expected to last a week, and it remains to be seen when Ye himself will take the stand. This isn’t the first time Ye has been in court recently; he also testified in a separate state trial concerning injuries sustained by a worker at his Malibu property.