Using a classic Boogie Down Productions sample without permission will no longer be an issue for Kanye West, who settled a lawsuit this week in regards to the uncleared classic.
Court records obtained by HipHopDX show a stipulation and order of voluntary dismissal of the suit was filed on Monday (August 19). Billboard reported that the only part of the settlement that was made public was that both parties would have to take responsibility for their own legal fees.
The suit was filed against Ye in 2022 by Phase One Network over the sample of Boogie Down Productions’ “South Bronx” on “Life of the Party,” the track featuring André 3000 on the Donda LP. The song was originally released on Ye’s $200 Stem Player and arrived on streaming services as a bonus song on the deluxe edition of Donda.
Advertisement
BDP founder KRS-One did not file the lawsuit because Phase One, who actually owns the rights to BDP’s iconic 1986 debut album Criminal Minded where South Bronx is one of the lead singles, filed the suit for the uncleared sample. Phase One claims that West’s team reached out to clear the sample, but an agreement was never reached, so according to the suit, West went on to use the sample with no clearance.
Phase One alleged “Life of the Party” helped inflate sales of the Stem Player, which moved around 11K units in its first 24 hours, amassing about $2.2 million. The company was seeking a share of the profits while blocking further use of the “South Bronx” sample.