Ye Takes the Stand: Tension and ‘I Don’t Recall’ Define Copyright Trial Over ‘Hurricane’
The legal battle over one of the most acclaimed tracks from the Donda era has moved into the spotlight. Ye, the artist formerly known as Kanye West, recently took the witness stand in a downtown Los Angeles federal court, facing allegations of copyright infringement tied to his Grammy-winning song “Hurricane.”
The proceedings have been marked by a stark contrast in Ye’s demeanor—ranging from visible irritation and stony silence to moments of openness regarding his creative inspirations. At the heart of the case is a dispute over whether the artist fairly compensated the creators of a sample used during a high-profile listening event.
The Core of the Conflict: The ‘MSD PT2’ Sample
The lawsuit centers on a one-minute instrumental track titled “MSD PT2.” The plaintiffs allege that Ye used an uncleared recording of this sample in an early version of “Hurricane,” which was played for tens of thousands of fans during a listening event at the Mercedes-Benz Stadium in Atlanta on July 22, 2021.
The legal action is being spearheaded by Artist Revenue Advocates (ARA), a Texas-based company formed to represent the four musicians behind the track: Khalil Abdul-Rahman, Sam Barsh, Dan Seeff, and Josh Mease. The musicians transferred their copyrights to ARA to pursue what their lawyers describe as “some justice.”
While ARA initially sued over both the sound recording and the underlying composition, a judge dismissed the composition claims in February. The court ruled that the musicians had previously signed contracts assigning away their composition royalty rights, and since those agreements were not changed in writing, they remained in effect.
Inside the Testimony: Demeanor and Defense
Ye’s appearance on the witness stand was characterized by a frosty relationship with the plaintiffs’ counsel. According to reports from the courtroom, Ye remained silent when greeted by the plaintiffs’ lawyer after a lunch break. When questioned about his history of changing lawyers and licensing representatives between 2022 and 2023, Ye responded in a flat monotone, repeatedly stating, “I don’t recall” and “I don’t remember.”
However, the mood shifted when Ye’s own attorney began questioning him. The artist opened up about his roots, citing Michael Jackson as his first musical inspiration. He described his creative process as an endless cycle of reworking songs—sometimes starting with a shower melody or a producer’s sample—until he is satisfied. “It’s hard, but it’s therapeutic, as I want to deliver the best product to the audience and to my fans,” Ye testified.
Regarding the “MSD PT2” sample, Ye insisted that his team followed the “normal process” for clearing music. He denied any attempts to stonewall the creators, asserting that he prides himself on being collaborative and “giving people what they deserve.” He further suggested to the jury that he is often targeted for more money simply because of his fame, stating, “I experience like a lot of people try to take advantage of me.”
The Financial Stakes and Legal Arguments
The plaintiffs are seeking $564,046 in damages for the unlicensed use of the recording at the Atlanta stadium. This specific figure is not just based on the song itself, but a complex calculation including:
- A percentage of ticket and merchandise sales from the event.
- A portion of Ye’s streaming deal with Apple Music.
- Revenue from the jacket Ye wore on stage and subsequently released through his Yeezy collaboration with Gap.
Ye’s lead lawyer, Eduardo Martorell, has challenged the legitimacy of the plaintiffs’ organization. Martorell questioned the identity of the backers financing ARA, asking the jury why the entity would not sue under its own name. The defense pointed out that the four musicians are already listed among the 27 writers of the final version of “Hurricane” on platforms like Spotify and Apple Music, holding a combined composition royalty share of approximately 30% (roughly 3.85% each after publisher splits).
- The Issue: Unlicensed use of the “MSD PT2” recording at a July 2021 Atlanta listening event.
- The Claim: Artist Revenue Advocates (ARA) is seeking $564,046 in damages.
- The Defense: Ye claims he followed normal clearing processes and that the musicians are already credited writers on the final track.
- Legal Status: Composition claims were dismissed; the trial now focuses on the sound recording used at the stadium.
Looking Ahead
The trial has highlighted the often-murky waters of music sampling and the distinction between a “test drive” of a demo and a final commercial release. As the case progresses, the jury will have to decide if the use of the sample at a promotional event constitutes a compensable infringement, regardless of the credits listed on the final studio version of the song.