Nashwa Rockingster
Kanye West is facing a lawsuit alleging that he sampled from Boogie Down Productions' 1986 song "South Bronx" for his song "Life of the Party" on his 2021 album DONDA. However, Kanye's lawyers have asked a Manhattan federal judge to discard the lawsuit, citing a 2006 documentary in which KRS-One, the founder of Boogie Down Productions, stated that he would not sue over samples. Kanye's legal team argues that KRS-One's statement demonstrates that the use of the sample falls under fair use and that the plaintiffs must prove they own the copyrights to Boogie Down Productions' music.
Kanye West is currently being sued for allegedly sampling Boogie Down Productions’ song “South Bronx” in his track “Life of the Party” from the DONDA album. On June 23, Ye’s lawyers filed a motion requesting a Manhattan federal judge to dismiss the lawsuit, presenting arguments based on a 2006 documentary featuring KRS-One.
KRS-One’s Statement
Kanye’s lawyers highlight a statement made by KRS-One in The Art of 16 Bars documentary. In the documentary, KRS-One emphatically states that he allows all MCs to sample his entire catalog, and he explicitly says, “You will not get sued if you sample a KRS-One record.” Kanye’s legal team argues that this statement by KRS-One undermines the lawsuit’s claims and suggests that the sample in question is covered by fair use.
In their defense, Kanye’s lawyers contend that the plaintiff in the lawsuit, Phase One Network must prove that they own the copyrights to Boogie Down Productions’ music and not simply rely on KRS-One’s statement. They argue that the burden of proof lies with the plaintiffs to establish their ownership and demonstrate that they have the right to sue over the alleged sample.
Ye’s Previous Lawsuits & Fair Use Defense
This is not the first time the Chicago native has faced legal issues related to sampling music. He was previously sued for sampling a Texas pastor’s sermon and using a portion of a musician’s 1986 track in his song “Flowers.”
In these cases, Kanye’s legal team has argued that the samples fall under fair use, and they are employing a similar defense in the “Life of the Party” lawsuit.
Updated By: Nashwa Rockingstar (6/28/23 at 5:39 pm)
Kanye West Faces Copyright Lawsuit Over “Life Of The Party” Sample Featuring Andre 3000
Kanye West is facing a lawsuit for copying a musical arrangement in his song, “Life of the Party,” with Andre 3000 from his tenth studio album, Donda.
Why Is Kanye Being Sued?
Ye, also known as Kanye West, is sued by Phase One Network Inc, a record company based in New York City.
The company stated that “Life of the Party,” a song featuring Andre 3000 from one of his latest albums Donda, contains “an exact reproduction” of a musical arrangement similar to “South Bronx,” a song by one of their artists named Boogie Down.
What Are the Lawyers Saying?
Gary Adelman, an attorney for Phase One, states that Kanye’s action has precedence:
“This appears to be an ongoing practice of Mr. West, using other people’s music without paying for it. Using music without permission violates the copyright law and hurts artists.”
Reps for Kanye and his former label, Univeral Media Group, have not responded to requests for comments.
Ye Fans Set Up GoFundMe
Kanye West still has many in his corner despite losing multiple business deals and receiving ongoing backlash for comments deemed anti-semitic by the media. In fact, Ye fans have started GoFundMe accounts to help the business mogul regain his billionaire status.
Originally Written By: Michael Omoruan
