Kanye West has been the subject of a lot of controversy over the years, most notably of late for antisemitism that has reportedly cost him over a billion dollars in brand partnerships after Adidas and others cut ties. Now his troubles continue after he released the album Vultures 1 with Ty Dolla Sign. Ozzy Osbourne spoke out after one of Ye’s songs reportedly sampled part of a Black Sabbath live performance from 1983 despite being denied permission from the artist, and now legal experts are weighing in on if the Prince of Darkness is protected by copyright law.
What’s The Issue Between Kanye West And Ozzy Osbourne?
Kanye West’s new album Vultures 1 was already raising eyebrows before its release, after a video circulated showing the rapper, Chris Brown and others laughing at antisemitic lyrics in the title track “Vultures.” The song lyrics aren’t the only controversial aspect, though, as Ozzy Osbourne took to X (Twitter) to clarify that the portion of “Iron Man” in West and Ty Dolla Sign’s “Carnival” was used without permission, writing:
KANYE WEST 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!
Ozzy Osbourne’s wife Sharon, who was raised Jewish, further explained why they denied Kanye West’s request, saying they “don’t want to be associated with a hater. To spread hate the way he does, it shouldn’t be allowed.”
Donna Summer’s estate had also accused Kanye West of copyright infringement for reportedly sampling “I Feel Love” on the track “Good (Don’t Die).” As of this writing, the track in question has been removed from Spotify, Apple Music and other music streamers. As for “Carnival,” Ye reportedly used a previously sampled portion of “Iron Man” that he’d cleared for the 2010 song “Hell of a Life” in the version of the Vultures 1 song that is available.
Is Kanye West In Violation Of Copyright Law?
There are reportedly different avenues artists can take or arguments to be made for using other musical works in new songs, but entertainment attorney Donald M. Woodard didn’t seem to think any of the scenarios would hold up in court if Ozzy and Sharon Osbourne choose to pursue legal action against Kanye West. Woodward told Business Insider that in his eyes Ye is guilty of copyright infringement, saying:
This one, from everything I've seen, is clear cut, and Kanye's response also suggests that it was clear he modified the work. He didn't dispute it.
Business litigator Robert Freund agreed, saying that neither of the two options that would allow Kanye West to use music without getting the copyrighted material released — fair use and de minimis use — applies to the situation with Black Sabbath’s famous song. Freund said he doesn’t think a court would favor a “fair use” argument in this case, and as for “de minimis,” he said:
A de minimis argument is not going to be available to Kanye West if this situation were litigated. Because I listened to the sample that he took, and the whole point of him sampling it is because everyone recognizes that's the 'Iron Man' riff; it's like one of the most famous guitar riffs in rock history. That's off the table.
Perhaps the issue in question is whether using previously cleared samples from Ozzy Osbourne’s song is still fair game in the new music from Kanye West and Ty Dolla Sign, so we’ll have to see if this becomes yet another lawsuit involving Ye. Either way, the Osbournes have made it clear how they feel about being associated with the rapper.
