Sample Cleared? Kanye West Settles Copyright Dispute with Donna Summer Estate

A recent copyright infringement lawsuit between Kanye West and the estate of disco icon Donna Summer has reached a settlement. The dispute stemmed from the alleged unauthorized use of elements from Summer’s hit “I Feel Love” in West’s collaborative album Vultures 1, specifically the song “Good (Don’t Die).”

Court documents filed in February 2024 revealed that the Donna Summer estate, managed by Bruce Sudano, Summer’s widower, accused West and his collaborator Ty Dolla $ign of incorporating a recognizable portion of “I Feel Love” into their song without proper permission. The lawsuit specifically highlighted the use of the lyrics “Oh, I’m alive, I’m alive, I’m alive, I’m alive” sung over a melody that allegedly mirrored the iconic disco track.

While the details of the settlement remain confidential, a June 2024 court filing confirmed that both parties agreed to a “full and final settlement of all of the claims in the action.” This suggests a comprehensive resolution, with each side likely covering their own legal fees.

The lawsuit resulted in the removal of “Good (Don’t Die)” from streaming platforms. Whether the settlement allows for the song’s return with proper licensing or altered elements is yet to be seen. This isn’t the first time West has faced copyright issues related to Vultures 1. He was previously accused of using Black Sabbath’s “War Pigs” without permission on another track from the album. The current status of that lawsuit remains undisclosed.

Interpolation vs. Sampling: A Copyright Tightrope

The specific accusation in this case centered on “interpolation,” a technique where a melody or another musical element is recreated with new instrumentation or lyrics. While interpolation can be a creative tool, it can become legally murky if the original composition is recognizably used without permission.

Sampling, on the other hand, involves directly incorporating a portion of a pre-recorded sound into a new song. This usually requires obtaining a license from the copyright holder, which often involves a fee.

The line between interpolation and sampling can be blurry, and copyright law can be complex in these situations. In this case, the Donna Summer estate likely argued that the use of the melody and lyrics in “Good (Don’t Die)” constituted a recognizable and unauthorized appropriation of “I Feel Love.”

Impact on West and the Music Industry

The settlement highlights the importance of copyright clearance in music production. While some artists use interpolation as a form of homage, legal consequences can arise if proper permissions aren’t obtained. This case serves as a reminder for artists, particularly those experimenting with sampling and interpolation, to be meticulous about securing the necessary rights before releasing their work.

For West, the settlement could have both financial and artistic implications. The financial details remain confidential, but legal settlements can be expensive. Additionally, the removal of “Good (Don’t Die)” from streaming platforms likely impacted its reach and potential revenue. Artistically, the controversy might cast a shadow over the song and the Vultures 1 project as a whole.

The Legacy of Donna Summer and Fair Use

The lawsuit also raises questions about fair use, a legal doctrine that allows for the limited use of copyrighted material without permission for purposes such as criticism, commentary, or parody. While fair use can be a defense in copyright infringement cases, its application is highly fact-specific. In this instance, the Donna Summer estate likely argued that West’s use of “I Feel Love” elements wasn’t transformative enough to qualify as fair use.

The case serves as a reminder of the importance of protecting the creative works of artists like Donna Summer, whose music continues to inspire and influence generations of musicians.

Looking Ahead: Collaboration and Resolution

While the details of the settlement are confidential, it’s possible that the agreement might pave the way for future collaboration between West and the Donna Summer estate. Perhaps a formal licensing arrangement could allow “Good (Don’t Die)” to be re-released with proper credit and compensation for Summer’s estate.

Ultimately, the resolution of this copyright dispute highlights the need for clear communication and respect for intellectual property in the music industry. By working within the legal framework, artists can ensure creative freedom while safeguarding the rights of those who came before them