Kanye West and Ty Dolla Sign have reached a settlement with the estate of the late Donna Summer, resolving a copyright infringement lawsuit over their song “Good (Don’t Die)” from the album Vultures 1. The lawsuit, filed by Summer’s estate, accused the artists of using an unauthorized interpolation of Summer’s iconic track “I Feel Love.”
Court documents obtained by People reveal that both parties have “entered into a settlement agreement that is a full and final settlement of all of the claims in the action.” As part of the agreement, each party will cover their respective legal costs. Larry Stein, lead counsel for Summer’s estate, confirmed to Billboard that Kanye West and Ty Dolla Sign will not be allowed to use Summer’s music going forward. “We did not license the song,” Stein said. “As part of the settlement, they have agreed not to distribute or otherwise use the song. So we got what we wanted.”
The legal battle began when it was discovered that the artists had used an interpolation of Summer’s voice without permission, recreating the melody closely with only minor lyrical adjustments. Donna Summer, celebrated as the Queen of Disco, passed away in 2012, but her legacy continues to influence the music industry. The song “Good (Don’t Die)” was removed from major streaming platforms like Apple Music and Spotify following the lawsuit’s filing in February.
The estate of Donna Summer, represented by her husband Bruce Sudano, filed the lawsuit in federal court in Los Angeles. The suit alleged that when representatives of Kanye West sought permission to use the song, they were rejected because the Summer estate “wanted no association with West’s controversial history.” The suit contended that the album instead “shamelessly” included re-recorded parts of the song that were “instantly recognizable.”
“In the face of this rejection,” the suit stated, “defendants arrogantly and unilaterally decided they would simply steal ‘I Feel Love’ and use it without permission.” An email from the Associated Press seeking comment from representatives for Kanye West was not immediately returned. A representative for Summer’s estate told CBS News that they didn’t have any additional comment to provide, stating, “At this time we are letting the complaint speak for itself.”
“I Feel Love,” co-written by Summer, Giorgio Moroder, and Pete Bellotte, is a hugely influential track off Summer’s album “I Remember Yesterday” that is considered one of the first instances of electronic dance music. The concept album had songs representing different decades, with “I Feel Love” meant to represent the future.
The lawsuit named both artists and Kanye West’s record label Yeezy as defendants. The estate first publicly alleged the copyright violation in an Instagram post on the official Summer account on the day of the album’s release. It sought a judge’s injunction stopping any further circulation of the song and money damages to be determined at trial. The song does not currently appear on the version of the album available on Spotify and other streaming services.
In related news, Kanye West faced criticism from another music legend, Ozzy Osbourne, who accused him of using a portion of his 1983 live performance of “War Pigs” without approval. Osbourne has openly expressed his desire to disassociate from Kanye due to controversial remarks made by the rapper. Osbourne stated, “I want no association with this man!”
Kanye West and Ty Dolla $ign have settled a federal copyright infringement lawsuit filed against them by Bruce Sudano, the second husband of Donna Summer and the executor of the late singer’s estate. Court documents filed on June 20 and viewed by Pitchfork do not reveal the terms of the settlement but show that the case is being dismissed with prejudice.
Sudano filed his lawsuit against West and Ty Dolla $ign in February, alleging that the artists interpolated Summer’s “I Feel Love” without permission for their song “Good (Don’t Die).” Sudano also claimed that the musicians had sought a clearance request for the 1977 hit but were denied by the estate and Summer’s record label, Universal Music Enterprises. Having been denied permission, West and Ty Dolla $ign “used the song’s iconic melody as the hook for their infringing song and essentially re-recorded almost verbatim key, instantly recognizable portions of ‘I Feel Love’ using a singer soundalike to Summer, with slight changes to the lyrics (also done without permission),” Sudano claimed in his lawsuit.
“Good (Don’t Die)” appeared on West and Ty Dolla $ign’s Vultures 1 when it was first released on digital streaming platforms. It has, for the most part, not been officially available for a number of months. When reached by Pitchfork, Stanton “Larry” Stein, an attorney for Bruce Sudano, offered no comment. Pitchfork has emailed Kanye West and Ty Dolla $ign’s respective attorneys for comment and more information.
The settlement discussions had been ongoing for several months, during which time the song was removed from streaming platforms. It remains unclear if the settlement will allow the song to return to services like Spotify. According to the lawsuit, Kanye West initially sought permission to sample “I Feel Love,” but his request was denied by Summer’s estate and Universal Music Group. Court documents indicate that West then attempted to bypass the rejection by using an interpolation instead of a direct sample, which the estate still considered copyright infringement.
Neither Kanye West nor Ty Dolla $ign have made public statements regarding the lawsuit. After the release of Vultures 1, Donna Summer’s estate issued a statement addressing the unauthorized use: “Kanye West asked permission to use Donna Summer song, ‘I Feel Love,’ [but] he was denied. He changed the words, had someone re-sing it, or used AI but it’s ‘I Feel Love’…copyright infringement!”
This is not the first time Kanye West has faced sample-related issues with Vultures 1. Ozzy Osbourne criticized West for using a sample of Black Sabbath’s “Iron Man” without permission. In an Instagram post, Osbourne stated: “@KANYEWEST ASKED PERMISSION TO SAMPLE A SECTION OF A 1983 LIVE PERFORMANCE OF ‘IRON MAN’ FROM THE US FESTIVAL WITHOUT VOCALS & WAS REFUSED PERMISSION BECAUSE HE IS AN ANTISEMITE AND HAS CAUSED UNTOLD HEARTACHE TO MANY. HE WENT AHEAD AND USED THE SAMPLE ANYWAY AT HIS ALBUM LISTENING PARTY LAST NIGHT. I WANT NO ASSOCIATION WITH THIS MAN.” Subsequently, West replaced the original “Iron Man” sample with an interpolation from his track “Hell of a Life” from My Beautiful Dark Twisted Fantasy, which had cleared the use of the iconic rock song. Additionally, West reportedly failed to obtain permission to sample the Backstreet Boys’ song “Everybody (Backstreet’s Back).”
Source: People, Billboard, CBS News, Pitchfork
