Kanye West Defaults In "Donda" Sample Lawsuit From Boogie Down Productions

BYGabriel Bras Nevares923 Views
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After failing to respond to the lawsuit, Ye now faces unspecified repercussions for failing to clear a sample on his track "Life of the Party."

Kanye West faced default judgement in court after he failed to respond to a sample clearance lawsuit from Boogie Down Productions over the Donda track "Life of the Party" featuring André 3000. Moreover, he took the hip-hop pioneering group's 1986 cut, "South Bronx." Furthermore, the song's copyright holders (Phase One Network) sued Ye and Kano Computing (who created the Donda-affiliated Stem Player). Also, they targeted Def Jam Recordings and others last year for copyright infringement in the case. They claimed the Chicago rapper never cleared the sample and sent a post-facto request in July 2021. Then, his team retracted it November of that year, and released it on the Stem Player anyway.

According to court documents obtained by AllHipHop, the Clerk of Court for New York's Southern District submitted an entry of default on Wednesday (March 8). In addition, Phase One had requested such actions back in January. "I, Ruby J. Krajick, Clerk of the United States District Court for the Southern District of New York, do hereby certify that this action was commenced on November 7, 2022 with the filing of a summons and complaint, a copy of the summons and complaint was served on defendant Ye … by delivery of a true copy of each to Defendant Ye, and proof was therefore filed on January 26, 2023,” the documents stated.

Kanye Wests Defaults In Lawsuit From Boogie Down Productions "Donda" Sample

“I further certify that the docket entries indicate that Defendant Ye has failed to plead or otherwise defend the action," they added. "The default of Defendant Ye is hereby noted.” Not only that, but Phase One elaborated on their qualms in its suit. "The West parties retracted the licensing request despite having already incorporated ‘South Bronx’ into the Infringing Track, distributed the infringing track through the Stem Player and its associated website, and incorporated the Infringing Track into the Infringing Advertisements."

Meanwhile, the Yeezy mogul also faces a sample lawsuit over a track from Donda 2. This time, Ultra International Music Publishing (UIMP) sued him for an unauthorized sample of Marshall Jefferson's "Move Your Body." Moreover, the 1986 track in question appeared on Kanye's "Flowers." What's more is that they claim he knew he sampled it without permission. Instead of clearing it, UIMP claims he "continue[d] to willfully infringe in blatant disregard of UIMP’s rights of ownership." Regardless of your take, log back into HNHH for the latest news and updates on Kanye West.

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About The Author
Gabriel Bras Nevares is a music and pop culture news writer for HotNewHipHop. He started in 2022 as a weekend writer and, since joining the team full-time, has developed a strong knowledge in hip-hop news and releases. Whether it’s regular coverage or occasional interviews and album reviews, he continues to search for the most relevant news for his audience and find the best new releases in the genre. What excites him the most is finding pop culture stories of interest, as well as a deeper passion for the art form of hip-hop and its contemporary output. Specifically, Gabriel enjoys the fringes of rap music: the experimental, boundary-pushing, and raw alternatives to the mainstream sound. As a proud native of San Juan, Puerto Rico, he also stays up-to-date with the archipelago’s local scene and its biggest musical exponents in reggaetón, salsa, indie, and beyond. Before working at HotNewHipHop, Gabriel produced multiple short documentaries, artist interviews, venue spotlights, and audio podcasts on a variety of genres and musical figures. Hardcore punk and Go-go music defined much of his coverage during his time at the George Washington University in D.C. His favorite hip-hop artists working today are Tyler, The Creator, Boldy James, JPEGMAFIA, and Earl Sweatshirt.