Kanye West can’t keep his alleged antisemitic remarks out of Alice Merton’s copyright suit after a judge rejected his request. Ye asked the court to strip claims about his remarks and the Holocaust from the case, but Judge Fernando L. Aenlle-Rocha denied his bid in an October 8 order filed in federal court.
Ye’s lawyers argued those claims had no link to whether he used her song without permission. They called the claims “immaterial, impertinent, and scandalous because they have no bearing on the alleged infringement and only serve to generate controversy in the press.” However, Merton’s side successfully argued that the remarks “played heavily into [Merton’s] decision not to allow [Ye] to use [Merton’s] song,” the order states.
The judge ruled the claims could stay because they help explain why Merton wouldn’t clear the sample. The judge found those claims “not unduly prejudicial” and said they “may have some bearing on the litigation.” Her side also intends to demonstrate that Ye was aware he lacked the necessary rights when he utilized her work.
The legal battle centers on “Blindside,” Merton’s 2022 song that she alleges Ye used in “Gun To My Head.” According to the court order, his team reached out to BMG Rights Management to clear the sample in February 2024. Merton declined the request the following month, stating, “the artist’s values are contrary to our values.”
Merton claims Ye released the track in August 2024 despite her explicit refusal. BMG subsequently sent a letter demanding he stop and account for each use. The order notes that Ye did not reply to the letter, leading Merton to file suit in March 2025. The judge also noted Ye’s history of copyright litigation, which may be used to establish his familiarity with industry rules. Ye and his record label are required to file their answer to the suit by October 23, 2026.
