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 do 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.