Kanye West Hit With Copyright Infringement Suit by Baker & Hostetler, DJ Khalil
Baker & Hostetler contends that West used the plaintiffs' composition in the Grammy-winning song "Hurricane" and has refused to pay royalties despite crediting them as songwriters.
July 18, 2024 at 07:00 PM
By Michelle Morgante
What You Need to Know
- DJ Khalil and three others say their music is key to two songs on the 2021 Kanye West album
- Plaintiffs say West sought permission after recording his songs, but was denied.
- The complaint says West has earned millions of dollars in revenue from use of the composition.
Acclaimed rap artist Kanye West has been hit with a copyright infringement suit filed by Baker & Hostetler on behalf of musician DJ Khalil and three other artists over use of their work on his 2021 album "Donda."
The complaint, filed Wednesday in the U.S. District Court for the Central District of California, alleges West used the plaintiffs' composition as the "heart, melody and soul" of two songs, "Hurricane" and "Moon," even though authorization for its use had been denied.
This complaint was surfaced by Law.com Radar.
"In the face of this rejection, rather than simply forego using the work or discontinue using the work, defendants decided to steal it and continue to use it without permission," according to the suit.
"In an act of blatant brazenness, descendants even credited the artists as songwriters and producers on both 'Hurricane' and 'Moon.'"
The complaint, led by Joelle Berle and Alexis Cruz of Baker & Hostetler, was filed on behalf of Artist Revenue Advocates, a Delaware-based corporation formed by the four composers: Khalil Abdul-Rahman, the Grammy-winning music producer known as DJ Khalil; musician Sam Barsh; bassist and songwriter Dan Seeff; and musician and songwriter Josh Mease.
The composition, created in 2018, uses an analog bass with a "'90s-era hip-hop-sounding piano piece" plus reverb, delay and distortion "reminiscent of a vinyl disc," according to the suit. It was included as part of a "composer pack," a collection of unpublished works that composers make available to potential buyers, the suit said.
The artists did not collaborate with West, nor did he ask for their permission prior to using the work, it said. According to the suit, the artists have tried to collect their share of the proceeds from the songs for nearly three years and plaintiffs registered the work with the U.S. Copyright Office earlier this year.
"Hurricane," which won the 2022 Grammy award for Best Melodic Rap Performance, lists all four members of the plaintiff group as songwriters and each received winners' certificates, the suit said. Khalil, Mease and Seeff were credited as writers on "Moon" and Khalil was listed as a producer on both songs.
The two songs, it said, "form the backbone of the album's exploration of faith, loss and personal growth."
"Donda," named in honor of West's late mother, has earned millions of dollars in revenue for West, his Getting Out Our Dreams music company and his fashion enterprises, Yeezy and Yeezy Supply. The companies are named as co-defendants in the complaint, along with UMG Recordings and Universal Music.
The songs also were distributed on the Donda Stem Player, a digital device that allows users to edit and manipulate recordings, which was released with co-defendants Kano Computing and Stem Player, both of the United Kingdom; Ashdust of Delaware; and Ashdust director Alexander Nelson Klein.
Messages sent to Universal Music seeking comment were not immediately answered on Thursday. Counsel for West and the co-defendants had not appeared as of Thursday.
A representative of Baker & Hostetler said Berle and Cruz would not be available to comment.
Plaintiffs contend that West's allegedly unlawful use of the music "follows an unfortunate pattern and practice of taking other artists' music without their permission," which, the complaint stated, "stands in stark contrast with his position as a supposed champion of artists' rights."
The case, it said, "is about the rights of artists, musicians and songwriters to determine how their works are published and used. Intellectual property owners have a right to decide how their property is exploited and need to be able to prevent shameless infringers from simply stealing."
In requesting a jury trial, the plaintiffs are seeking an enjoinment order to protect their rights to the composition and an award of damages.