A federal jury in Los Angeles heard opening statements on May 4 in a copyright infringement lawsuit against Kanye West, now known as Ye, over his 2021 performance of an early version of 'Hurricane.' Four musicians are seeking $564,046 for the unauthorized use of their instrumental 'MSD PT2' at a Donda listening event in Atlanta. Ye is expected to testify later this week.
Opening arguments highlight dispute over sample use. The trial began Monday before eight jurors in a downtown Los Angeles federal courtroom. Musicians Khalil Abdul-Rahman, Sam Barsh, Dan Seeff, and Josh Mease, suing through Artist Revenue Advocates, claim Ye used their one-minute instrumental without permission during the July 2021 Mercedes-Benz Stadium event. Their lawyer, Irene Lee, told the jury that expert analysis linked the performance to $5.5 million in revenue from tickets, merchandise, an Apple streaming deal, and a Gap apparel promotion, with damages at 10% of that figure. Daniel Seeff testified that '[MSD PT2] is the basis of ‘Hurricane.’ All the music you hear in ‘Hurricane’ comes from that. It’s repeated.' Ye's lawyer, Eduardo Martorell, argued the musicians gave 'implied consent' for a 'test drive' of the sample and that Ye's fame, not the instrumental, drove the revenue. 'We don’t think we should be here. 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,' Martorell said. The sample did not appear on the final 'Donda' version of 'Hurricane,' which featured The Weeknd, Lil Baby, Sunday Service Choir, and KayCyy and won a 2022 Grammy for Best Melodic Rap Performance. The trial is projected to last one week.
