Yeezy Taught Me: Four Lessons from Kanye’s Copyright Case

I’ve talked about this case before. However, that decision was appealed, and has subsequently been affirmed on appeal. The facts briefly are these; Vince P an upcoming rapper had meetings with Kanye’s manager, the oddly named Mr John Monopoly (seriously?). Mr Monopoly listened to Vince P songs, including one called “Stronger” and agreed that if Vince P could find record label backing he may be interested in managing him. Vince P didn’t find this, and nothing happened... Until Kanye released this song . READ THE CASE HERE


It was sort of a big deal. As Judge Kendall illustrates


“The song earned the #1 spot in several Billboard charts, the single sold over three million copies, and it eventually earned West a Grammy.”

Unfortunately Vince P “was not among its fans.” He alleged the Kanye copied with song, and commenced legal actions for copyright infringement. The basis of this claims was:

1. Kanye’s connection and opportunity to copy through his relationship with Mr Monopoly; and

2. The similarities in the hooks (shown below) and lyrical reference to Kate Moss of his songs, to Kanye’s.

Stronger (VP) [Hook]

What don’t kill me make me stronger,The more I blow up the more you wronger, You copied my CD you can feel my hunger, The wait is over couldn’t wait no longer

Stronger (KW) [Hook]

N-N-N-now th-th-that don’t kill me,Can only make me stronger,I need you to hurry up n Cause I can’t wait much longer,I know I got to be right now,Cause I can’t get much wronger,Man I’ve been waitin’ all night now,That’s how long I’ve been on ya.


Kate Moss lyrics

VP “Trying to get a model chick like Kate Moss”;

KW “You could be my black Kate Moss tonight.”

The court rejected the claim. Here’s what Yeezy (via the Courts) taught us:

1. An opportunity to copy does not imply copying. The plaintiff must prove that the defendant had an opportunity to copy (e.g. through Kanye’s relationship with Mr Monopoly) as independent creation (e.g. creating an identical work without knowledge of a prior work) is a defence to CR infringement;



2. The “ubiquity” of common sayings, lessens the strength of a claim of copying. The court actually cite “Stronger (What Doesn’t Kill You)” a billboard hit by Kelly Clarkson to reinforce their reasoning;



3. Copyright protects expression, not methods of expression. The Court make an analogy between a photographer who is not able to protect the use of “a particular aperture and explore setting on a given lens” , Vince P who can’t “claim copyright over a tercet” and a poet who can’t claim “copyright protection in a form of a sonnet or a limerick.” The best quote from the Court is the brilliant zinger:

“Nor are we persuaded that the particular rhymes of stronger, longer, and wronger qualify for copyright protection.” ; and

4. Referring to a celebrity, in this case Kate Moss as a “paragon of female beauty”, similar to a common saying is similarly an extremely weak allegation of copying. In this case the lyrics were distinctly different and additionally “analogizing to models as shorthand for beauty is, for better or for worse commonplace in our society. The particular selection of Kate Moss, who is very famous in her own right, adds little to the creative choice.”


Thanks Yeezy!