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Kanye West settles lawsuit with Donna Summer's estate after using sample without permission [1]

['Rob Beschizza']

Date: 2024-06-26  

Kanye West asked Donna Summer's estate for permission to use a sample of I Feel Love on his album Vultures 1. They denied it—not unremarkable given West's reputation as an antisemite—but he used it anyway. Summer's widower sued and they have now settled the claim.

The lawsuit claimed that West had "shamelessly used instantly recognisable portions" of the song, despite their request to use it being "explicitly denied". Summer's lawyers said the estate wanted "no association with West's controversial history and specifically rejected West's proposed use"."In the face of this rejection, defendants arrogantly and unilaterally decided they would simply steal I Feel Love and use it without permission," they added.

Ozzy Osbourne recently disclosed a nearly-identical situation with the rapper, who used a sample of an Osbourne live performance despite being denied permission.

Aphex Twin's own experience with licensing a sample to West illustrates that even when permission is granted, West will believe he owns it and it becomes your problem.

"Is it a sample? I actually don't know what it ended up being in the end, I'm so slack. I know that he tried to fucking rip me off and claim that he'd written it, and they tried to get away with not paying. I was really helpful, and when they first sent it to me, I was like, 'Oh, I can re-do that for you, if you like,' because they'd sampled it really badly and time-stretched it and there was loads of artifacts. I was like, 'I'll just replay it for you at that speed if you want.' And they totally didn't even say 'hello' or 'thanks,' they just replied with, 'It's not yours, it's ours, and we're not even asking you any more.'"

I don't think West (or anyone else) should have to ask to use samples, but his malicious conduct around asking demonstrates that he's not really asking permission, he's fishing for a response that can be construed as assignment. "No" in this context is just part of the in-flight emergency checklist for dealing with a predator.

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[1] Url: https://boingboing.net/2024/06/26/kanye-west-settles-lawsuit-with-donna-summers-estate-after-using-sample-without-permission.html

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