Kanye West has been sued over an allegedly uncleared sample in a track on his recent ‘Donda 2’ album. According to the publisher of the sampled song, West’s track ‘Flowers’ repeats the uncleared sample at least 22 times.The sampled track is ‘Move Your Body’ by Marshall Jefferson, which is published by plaintiff Ultra International Music Publishing.
And the use of the uncleared sample is, Ultra says in its lawsuit, “an unambiguous infringement of the copyright” in the song its controls.Ultra’s legal filing also notes ramblings by West in recent years to the effect that he is a champion of artist rights.
However, it then says, “contrary to his claimed interest in the proper compensation and fair treatment of all artists”, the rapper has not properly treated or compensated Jefferson, “whose work he sampled and exploited without authorisation or compensation in the creation of ‘Donda 2′”.“Specifically”, it goes on, “West’s song ‘Flowers’ – reportedly written about his estranged wife, Kim Kardashian – directly samples an iconic song written by … Marshall Jefferson in 1986.
That song, titled ‘Move Your Body’ and known as ‘the house music anthem’, is instantly recognisable; the unauthorised sample taken by West is repeated at least 22 times throughout ‘Flowers'”.“West’s unauthorised use of ‘Move Your Body’ constitutes an unambiguous infringement of the copyright in the musical composition ‘Move Your Body'”, it then says, “and of course is a blatant exploitation of [Jefferson’s] work without permission and compensation.
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