Kanye West Denied Request To Strike Holocaust, Antisemitism References From “Vultures 2” Lawsuit

BY Aron A.
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February 20, 2011; Los Angeles, CA, USA; Kanye West performs during the half time show at the 2011 NBA All Star game at Staples
February 20, 2011; Los Angeles, CA, USA; Kanye West performs during the half time show at the 2011 NBA All Star game at Staples Center. Mandatory Credit: Robert Hanashiro via USA TODAY NETWORK/USA TODAY Network via Reuters Connect
Alice Merton sued Kanye West for sampling "Blindside" on "Vultures 2" without her permission.

Kanye West’s comeback tour has proven that not everyone holds his past against him in the same way, but that doesn’t mean that he’s in the clear. That’s especially true as he faces a copyright lawsuit filed by singer Alice Merton, whose song “Blindside” was sampled on Ye’s “Gun To My Head” without permission. 

Per All Hip Hop, a judge struck down his request to remove references to his antisemitic remarks and comments on the Holocaust in the federal lawsuit. They described the claims as “immaterial, impertinent, and scandalous because they have no bearing on the alleged infringement and only serve to generate controversy in the press.” Ye’s legal team argued that his past comments have no relevance to the claims of unauthorized use of the sample. 

On the other hand, Merton’s legal team said Ye’s comments “played heavily into [Merton’s] decision not to allow [Ye] to use [Merton’s] song.”

Ultimately, Ye’s request was denied because the judge found that the claims could help explain why Merton didn’t clear the sample in the first place, stating that they “may have some bearing on litigation.”

Kanye West Sued Over Vultures 2

Ye’s team argued that they asked BMG Rights Management to clear the song in February 2024, but Merton denied the request. Her side said that “the artist’s values are contrary to our values.” Still, Ye released the track on streaming services while BMG reportedly asked him to stop. Ye never responded, and a lawsuit was filed the following year. 

What’s interesting is that the judge in the case also pointed to Ye’s history of copyright lawsuits as an indication that he’s well aware of the rules. He will have to respond to her lawsuit by October 23rd, 2026.

About The Author
Aron A. is a features editor for HotNewHipHop. Beginning his tenure at HotNewHipHop in July 2017, he has comprehensively documented the biggest stories in the culture over the past few years. Throughout his time, Aron’s helped introduce a number of buzzing up-and-coming artists to our audience, identifying regional trends and highlighting hip-hop from across the globe. As a Canadian-based music journalist, he has also made a concerted effort to put spotlights on artists hailing from North of the border as part of Rise & Grind, the weekly interview series that he created and launched in 2021. Aron also broke a number of stories through his extensive interviews with beloved figures in the culture. These include industry vets (Quality Control co-founder Kevin "Coach K" Lee, Wayno Clark), definitive producers (DJ Paul, Hit-Boy, Zaytoven), cultural disruptors (Soulja Boy), lyrical heavyweights (Pusha T, Styles P, Danny Brown), cultural pioneers (Dapper Dan, Big Daddy Kane), and the next generation of stars (Lil Durk, Latto, Fivio Foreign, Denzel Curry). Aron also penned cover stories with the likes of Rick Ross, Central Cee, Moneybagg Yo, Vince Staples, and Bobby Shmurda.

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