Ye found liable for one-time music copyright infringement at listening event
A jury found Ye liable for infringing copyright by using 'MSD PT2' during a 2021 listening party.
Why it matters: The ruling narrows infringement to a single event, underscoring the complexity of live music licensing and the risks for artists and IP counsel overseeing pre-release performances. The case highlights evolving copyright enforcement and due diligence that music professionals must navigate.
- A jury awarded $450,000 to Artist Revenue Advocates for Ye’s use of 'MSD PT2' at a 2021 Atlanta listening party.
- U.S. District Judge Michelle Williams Court limited the lawsuit to the recording’s use, excluding the composition claim.
- Listening events reportedly generated $14 million in revenue; streaming of 'Hurricane' and 'Moon' totaled $15 million by March 2024.
- The creators of 'MSD PT2' were credited on the final album and received royalties until filing the lawsuit.
Ye, formerly Kanye West, was found liable for copyright infringement for his one-time use of the instrumental 'MSD PT2' during a 2021 Atlanta listening party performance of '80 Degrees'—an early version of his track 'Hurricane.' The event, livestreamed by Apple, formed the sole focus of the lawsuit after the presiding judge narrowed the dispute to this single public use.
The jury awarded $450,000 to Artist Revenue Advocates (ARA), which holds the relevant rights to the 'MSD PT2' recording. U.S. District Judge Michelle Williams Court previously ruled ARA could not sue for infringement of the song’s composition, finding the copyright was not transferred to ARA in writing.
The suit reflects a rising trend in copyright claims over live and pre-recorded music uses. While the final version of 'Hurricane' credited the four 'MSD PT2' creators among 27 co-writers, and paid royalties accordingly, the plaintiffs argued that their recorded track was used at the listening event without proper authorization, triggering separate liability.
“We don’t think we should be here. This lawsuit should never have been filed,” said Ye’s attorney, Eduardo Martorell, as reported by NME. However, the verdict stands as a caution for future live music events that involve unlicensed instrumental work.
By the numbers:
- $450,000 — Jury award to ARA for single-event infringement
- $14 million — Revenue generated by listening events
- $15 million — Streaming revenue from 'Hurricane' and 'Moon' by March 2024
Yes, but: Details on Ye's negotiations with musicians or any plans to appeal remain unknown.