Kanye West Faces Jury in ‘Hurricane’ Copyright Case as Musicians Seek Damages Over Sample Use
A federal copyright dispute involving Kanye West, now known as Ye, has reached trial in Los Angeles, where a group of musicians is seeking more than $500,000 in damages over the alleged unauthorized use of their work during the rollout of his 2021 album Donda.
Opening arguments began Monday in a downtown federal courtroom, marking one of the rare instances in which a copyright claim against West has advanced to a jury trial. The lawsuit centers on an early version of the song “Hurricane,” which was performed publicly during a high-profile listening event at Mercedes-Benz Stadium in Atlanta in July 2021.
The plaintiffs, Khalil Abdul Rahman, Sam Barsh, Dan Seeff, and Josh Mease, are pursuing the case through a company they formed called Artist Revenue Advocates. They allege that West incorporated elements of their instrumental track “MSD PT2” into “Hurricane” without securing permission or providing compensation.
According to their attorney, the musicians initially welcomed West’s interest in their work and shared the material with his team under the assumption that proper licensing discussions would follow if the sample was used. Instead, they claim communication ceased once the track gained traction, leaving them excluded from both creative credit and financial participation.
“They trusted they would be treated professionally,” the plaintiffs’ lawyer told jurors, arguing that the artists were effectively “ignored” after contributing material that later appeared in a widely promoted performance. Although the version of “Hurricane” released on Donda does not include the disputed sample, the plaintiffs maintain that its use during the stadium event constituted infringement.
The lawsuit initially included claims tied to both composition and recording rights, but has since been narrowed to focus solely on the alleged misuse of the sound recording. Legal filings indicate the plaintiffs do not control certain publishing rights due to prior agreements, limiting the scope of their claim.
At the center of the damages argument is the Atlanta listening event itself, which drew significant attention and revenue. The plaintiffs’ legal team contends that the performance, which featured the disputed material, contributed to earnings estimated at $5.5 million. That figure includes ticket sales, merchandise revenue, a reported streaming agreement with Apple, and related promotional activity tied to the event.
They are seeking $564,046 in compensation, a figure intended to reflect their share of the value generated by the use of their work.
West’s legal team has pushed back, arguing that the use of the sample occurred within an exploratory, non-commercial context. His attorney described the process as a “test drive,” suggesting that the musicians were aware their material was being evaluated and implicitly allowed its temporary use.
According to the defense, discussions about payment would have taken place only if the sample had been formally included on the final album release. They also challenged the plaintiffs’ attempt to link their claim to broader revenue streams, including merchandise and branding deals.
The first witness, bassist Dan Seeff, testified Monday afternoon, stating that the instrumental track formed the foundation of the version of “Hurricane” performed at the event. “All the music you hear comes from that,” he said, describing the repeated use of their material.
West is expected to testify later in the week, though a specific date has not been confirmed. The trial is scheduled to last approximately one week.
