
This ruling clarifies how unreleased music is protected, useful context for a fan following sample ethics in hip-hop.

Kanye West Loses 'Hurricane' Sample Trial Story flow and key facts
A U.S. court ruled against Kanye West, now known as Ye, in a copyright lawsuit over the unauthorized use of a musical sample in an early version of his song 'Hurricane.' The track, which later became the most-streamed song on his 2021 album Donda, initially included a one-minute instrumental demo titled 'MSD PT2,' composed in 2018 by Khalil Abdul-Rahman, Sam Barsh, Dan Seeff, and Josh Mease. The demo was shared with a producer connected to Ye but was never officially released. In 2021, fans heard the sample during a listening event at Atlanta’s Mercedes-Benz Stadium, where the song was previewed before its official release.
Artists Revenue Advocates (ARA) filed the lawsuit on behalf of the four composers after recognizing their work in a video Ye posted to Instagram. The six-day trial concluded with a jury ruling in favor of the plaintiffs, ordering Ye to pay $176,153 personally. Additional payments were assigned to his affiliated companies: Yeezy LLC, Yeezy Supply, and Mascotte Holdings, bringing the total restitution to over $260,000. ARA argued that Ye earned more than $5 million from ticket sales, merchandise, and streaming royalties tied to the event where the sample was first publicly played.
Ye’s legal team contested the lawsuit, calling it a 'money grab' and suggesting bias due to Ye’s history of mental health issues. They also claimed the plaintiffs used ARA as a front rather than suing individually. However, the jury unanimously sided with the composers. While the final version of 'Hurricane' on Donda features recreated elements rather than the original sample, the court determined that the initial public use required compensation. The case marks ARA’s first legal action and sets a precedent for how unreleased music is protected under copyright law.
Facts
- Kanye West was ordered to pay $176,153 personally after a court ruled he illegally sampled an unreleased 2018 demo for an early version of 'Hurricane.'
- Yeezy LLC, Yeezy Supply, and Mascotte Holdings were also ordered to pay restitution totaling over $260,000 combined.
- The sampled demo, 'MSD PT2,' was created by Khalil Abdul-Rahman, Sam Barsh, Dan Seeff, and Josh Mease and was never officially released.
- The sample was used during a 2021 Donda listening event at Atlanta’s Mercedes-Benz Stadium and briefly appeared in a social media video.
- Artists Revenue Advocates (ARA) sued on behalf of the composers; the jury ruled unanimously in their favor after a six-day trial.
- The final version of 'Hurricane' on Donda uses recreated elements, but the court held the initial public use liable for compensation.
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