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.
When the plaintiffs’ lawyer, who claims Ye owes more than half a million dollars for alleged infringement tied to his Grammy-winning track “Hurricane,” greeted him after the lunch break with, “Good afternoon, Ye,” the artist stared back silently without responding. Asked whether he repeatedly changed lawyers and licensing representatives in 2022 and 2023, making him difficult to reach, Ye answered in a flat monotone, repeatedly saying, “I don’t recall” and “I don’t remember.”
Ye noticeably loosened up when his own lawyer took over questioning. Asked what first inspired him to make music, he said it was “seeing Michael Jackson on TV.”
Describing his creative process, Ye said inspiration “could come from me just singing in the shower,” or from a sample sent by another producer. He said he endlessly reworks his songs, cycling through countless versions before he’s satisfied.
“It’s hard, but it’s therapeutic, because I want to deliver the best product to the audience and to my fans,” he testified, wearing a dark taupe suit and matching dress shirt with an iridescent sheen. He arrived at the federal courthouse with multiple bodyguards wearing all black who positioned themselves inside and outside the courtroom.
Rolling Stone was in the room for a portion of Ye’s testimony, while Billboard was on hand when the rap star insisted he and his team “went through the normal process” to clear the “MSD PT2” sample used in the early version of “Hurricane” played at his listening event attended by tens of thousands of fans at the Mercedes-Benz Stadium in Atlanta on July 22, 2021. He denied stonewalling or failing to fairly compensate the four musicians behind “MSD PT2,” saying he viewed himself as highly collaborative. “I pride myself on giving people what they deserve,” he testified.