Kanye West Loses Trial Over Sample Used in ‘Donda’ Song ‘Hurricane’

A jury says Ye (formerly Kanye West) must pay a six-figure damages award for failing to clear a sample included in an early version of the Grammy-winning song “Hurricane” from his chart-topping album Donda.

The Tuesday (May 12) verdict, which followed a weeklong trial, held Ye and his companies liable for infringing the copyrighted instrumental track “MSD PT2” on an early demo of “Hurricane,” which the rapper played to a stadium of fans at a pre-release Donda listening party in 2021. Jurors said Ye must share a cut of his profits from that listening party, held in Atlanta and streamed live on Apple Music, with the sample’s owners.

The final amount of those damages was not immediately clear. According to Rolling Stone, jurors held Ye personally liable for $176,153 and awarded damages of $176,153, $41,625 and $44,627 against three of the rapper’s companies. If combined, this would make for a total verdict of $438,558.

However, Ye’s team insists that the corporate damages will be folded into Ye’s own liability for a total award of $176,153.

“This is a failed shakedown,” said a Yeezy spokesperson in a statement to Billboard. “Six months ago, they wanted $30 million out of Ye. They got 0.5% of that today.”

The Yeezy spokesperson said the plaintiffs spent millions of dollars in legal fees for this outcome. “The moral of the story? There is a cost attached to thinking you can take advantage of Ye,” added the spokesperson.

A rep for the plaintiffs did not immediately return a request for comment on the verdict.

The lawsuit dates back to 2024, when the producers of “MSD PT2” — DJ Khalil (Khalil Abdul-Rahman), Sam Barsh, Dan Seeff and Josh Mease — sued Ye through a business entity called Artist Revenue Advocates LLC. Initially, they were seeking royalties from the commercially successful final versions of both “Hurricane” and fellow Donda track “Moon,” alleging that both songs interpolated “MSD PT2″ without approval.

However, a judge dismissed the bulk of the lawsuit in February after determining that Artist Revenue Advocates owns only the “MSD PT2” master recording rights, not the composition rights. This means that while the company can sue over a sample, it does not have any standing to bring claims over an interpolation.

The judge, therefore, allowed a narrow trial to go forward only on the early “Hurricane” demo, which did include a direct sample, but not the far more lucrative final songs, which only included interpolations. Artist Revenue Advocates plans to eventually appeal the decision in the hopes of restoring the full lawsuit — but in the meantime, the company sought $500,000 in damages from Ye’s listening party profits, encompassing a slice of ticket sales, merch and an Apple Music livestreaming deal.

During the trial, which began on May 4 in Los Angeles federal court, Ye’s lawyers argued that the case was meritless because his team tried to clear the “MSD PT2” sample, but that the four producers intentionally dragged their feet and refused to approve industry-standard splits. They also pointed out that the plaintiffs had already collected some royalties from various publishers.

Ye himself testified in court that he “went through the normal process” to clear the “MSD PT2” sample.” The rapper told jurors that he’s “very generous” about giving credit and royalties to collaborators when it’s due, but lamented, “I feel like a lot of people try to take advantage of me.”

The jury ultimately sided with Artist Revenue Advocates and against Ye. Jurors did not give an explanation for their verdict, as is typical.

This was far from the only copyright lawsuit Ye has faced throughout his career; the rapper has been sued dozens of times over the years for allegedly using unlicensed samples and interpolations in his music. This was, however, the first time he’d taken a legal battle all the way to trial, as he’s historically opted to settle the majority of claims.