Kanye West has lost a copyright infringement trial in Los Angeles over the use of an uncleared sample in a live performance of his song 'Hurricane'. A federal jury unanimously found that West and his companies infringed the copyright of 'MSD PT2', a track by musicians Khalil Abdul Rahman, Sam Barsh, Dan Seeff and Josh Mease.
The lawsuit centred on a performance at the Mercedes-Benz Stadium in Atlanta, Georgia, in July 2021, where West incorporated the sample without permission. The sample did not appear on the final album version of 'Hurricane' released on West's 2021 album 'Donda', but the plaintiffs argued the public performance itself constituted infringement.
West was personally ordered to pay $176,153 (£130,172) in damages, with his company Yeezy LLC liable for the same amount. His retail merchandising firms Yeezy Supply and Mascotte Holdings were each found liable for over $40,000.
The musicians' lawyer, Britton Monts, described the verdict as 'a victory for working artists' who typically lack resources to take on a megastar. A Yeezy spokesperson countered that the lawsuit was a 'failed shakedown', noting the plaintiffs had sought $30 million six months earlier.
During the trial, West testified that 'a lot of people try to take advantage of me' and claimed his team followed 'the normal process' for sample clearance. The plaintiffs' expert analysis estimated the performance generated $5.5 million for West through ticket sales, merchandise, a streaming deal with Apple, and a Gap deal for the jacket he wore on stage.
The final version of 'Hurricane', featuring The Weeknd and Lil Baby, won Best Melodic Rap Performance at the 2022 Grammys. West's recent album 'Bully' and planned world tour have faced cancellations in several countries due to his past anti-Semitic remarks.
