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Judge Denies Ye’s Request to Remove Holocaust and Antisemitism References From 'Vultures 2' Copyright Lawsuit

A federal judge has denied Ye's motion to strike references to antisemitism and the Holocaust from a copyright infringement lawsuit brought by German artist Alice Merton. Merton alleges Ye sampled her track 'Blindside' without authorization after she refused clearance due to his history of hate speech.

By Kulture Newz StaffOctober 9, 20262 min read
A gavel and legal paperwork sitting on a courtroom table representing the copyright lawsuit against Ye.
Billboard

A federal judge has rejected a motion by Ye, formerly known as Kanye West, to remove references to antisemitism and the Holocaust from an ongoing copyright infringement lawsuit, according to court documents obtained and reported by Billboard. The order, issued on Thursday by U.S. District Judge Fernando L. Aenlle-Rocha, allows German singer-songwriter Alice Merton to keep details regarding Ye's history of hate speech and her own family background within her legal complaint.

Merton filed the copyright lawsuit against Ye in 2025, claiming that his 2024 track 'Gun to My Head' illegally sampled her song 'Blindside' on a digital deluxe edition of his album Vultures 2. According to court records cited by Billboard, Merton states that she explicitly denied Ye's request to license the track months prior to the project's release. Merton, a direct descendant of Holocaust survivors, stated that her refusal to grant clearance was directly motivated by a desire to avoid any connection to Ye's public history of antisemitic remarks.

Attorneys representing Ye asked the court to strike the references to antisemitism, the Holocaust, and Ye's history of prior copyright disputes, describing the claims as immaterial, impertinent, and scandalous. Judge Aenlle-Rocha denied the defense motion, ruling that the statements hold potential relevance for the trial. The judge wrote that the allegations concerning Merton's background and Ye's past remarks are not unduly prejudicial and may serve to explain Merton's rationale for withholding permission to sample her composition.

Following the ruling, Merton's attorney Dylan Grimes told Billboard that his legal team was pleased with the court's decision to recognize the relevance of Ye's antisemitic statements. Representatives for Ye did not immediately respond to requests for comment following the order, according to Billboard. The ruling comes as Ye continues to face widespread scrutiny over his legal and professional practices. According to Billboard, Ye has been sued more than a dozen times over alleged unauthorized sampling and interpolations throughout his career.

While many of those disputes resulted in out-of-court settlements, Ye went to trial earlier this year in a separate case where a jury found him liable in May for infringing an instrumental track on an early version of his 2021 album Donda. Ye's public posture has also been impacted by years of controversy stemming from offensive statements. In January, prior to releasing his album Bully, Ye published an apology in the Wall Street Journal, attributing past hate speech to brain damage and bipolar disorder linked to a 2002 car crash while expressing remorse and denying that he holds antisemitic views.

Despite his ongoing stadium performances, international venues in the United Kingdom and Poland have canceled planned appearances over government concerns, and Florida Senator Rick Scott previously mounted an unsuccessful effort to prevent Ye from performing at Raymond James Stadium in Tampa in June, Billboard reported.