Another copyright infringement action against Kanye West is pending due to the unauthorized use of a sample on his most recent album, “Donda 2.”
According to a lawsuit submitted to the U.S. District Court in New York, West’s song “Flowers” inadvertently samples the 1986 club hit “Move Your Body” (also referred to as “The House Music Anthem”), according to Billboard. The lawsuit asserts that “at least 22 times throughout” the song, the Marshall Jefferson audio is repeated.
The filing continues, “West advocates for artists’ rights with one hand, yet has no shame in taking away rights from another artist with the other.” It also describes the sample as “willful and deliberate,” claiming representatives for West met with Jefferson’s publisher, Ultra International Music Publishing, and admitted sampling the tune without obtaining proper clearance beforehand.
The lawsuit claims that despite knowing and being warned that they lack permission to use the composition in the unauthorised work, the defendants “continue to intentionally infringe in obvious violation of UIMP’s rights of ownership.”
The case also involves Alex Klein, a co-creator of the Stem Player music player on which West released Donda 2, as well as ten unidentified individuals referred to simply as “Does 1-10.” According to Billboard, West previously claimed to have sold 11,000 Stem Players at a price of $200 apiece, netting an estimated $2.2 million.
In “Donda 2,” West is being accused for the second time of using illegal samples. A significant portion of the song “Come to Life,” according to Bishop David P. Moten’s complaint against Kanye West, was lifted from a 2011 sermon he delivered at a Victoria, Texas, church. How that legal dispute will be settled is still a mystery.
Ronald Oslin Bobb-Semple sued Kanye West and his bandmates in 2019 after learning that his voice was impermissibly sampled on the Kids See Ghosts song “Freeee (Ghost Town Pt. 2).” That lawsuit was settled in January of last year.
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