Copyright
Kanye West Ordered to Pay Damages in ‘Donda’ Sample Trial Over “Hurricane” Demo
Reports indicate the combined damages could total more than $438,000, although Kanye West’s legal team argued the final payable amount should remain closer to $176,000 after adjustments involving corporate liability.
Rapper and fashion mogul Ye, formerly known as Kanye West, has lost a copyright infringement trial tied to an early version of his Donda track “Hurricane,” marking one of the rare times the artist has taken a music sampling dispute all the way to a jury verdict.
A Los Angeles jury ruled that Ye and several affiliated companies were liable for using an uncleared sample from the instrumental track “MSD PT2” during a 2021 Donda listening event in Atlanta. The dispute centered on a pre-release demo version of “Hurricane” that featured a direct sample of the track before later versions replaced it with interpolated elements.
Jury Awards Six-Figure Damages
The lawsuit was brought by Artist Revenue Advocates LLC on behalf of producers and musicians, including Daz Dillinger collaborators DJ Khalil, Sam Barsh, Dan Seeff, and Josh Mease, who created “MSD PT2.”
Jurors determined that Kanye West must compensate the plaintiffs for profits linked to the July 2021 Donda listening party at Mercedes-Benz Stadium in Atlanta. Reports indicate the combined damages could total more than $438,000, although Kanye West’s legal team argued the final payable amount should remain closer to $176,000 after adjustments involving corporate liability.
The listening event attracted tens of thousands of fans and was livestreamed globally through Apple Music, becoming one of the most talked-about album rollouts in recent music history.
Why the Case Focused on the Demo Version
The legal battle initially targeted both “Hurricane” and “Moon,” alleging unauthorized use of “MSD PT2” across multiple Donda tracks. However, a judge narrowed the case earlier this year after ruling that the plaintiffs only controlled master recording rights, not composition rights.
That decision meant the lawsuit could proceed only over the early “Hurricane” demo that used a direct sample, rather than the commercially released version of the song, which relied on recreated musical elements instead.
During the trial, Ye testified that he believed his team had followed standard industry procedures to clear the sample. His attorneys argued negotiations failed because the producers allegedly rejected proposed royalty splits.
The plaintiffs countered that no final agreement or license was ever approved before the music was publicly performed.
Ye’s Long History With Sample Disputes
The verdict adds another chapter to Kanye West’s lengthy history of copyright and sampling lawsuits. Throughout his career, the Grammy-winning artist has faced multiple claims related to unauthorized samples and interpolations.
Unlike previous disputes that were often settled privately, this case proceeded through a full jury trial, bringing internal negotiations and music industry royalty practices into public view.
The case also reignited debate about how artists handle sample clearance during album rollouts, especially for unfinished material previewed at large-scale events before official release.
Meanwhile, Artist Revenue Advocates indicated it may continue pursuing additional appeals related to the dismissed portions of the case involving the final album versions of Donda tracks.
