Judge Kept Holocaust References in Ye Lawsuit
A federal judge refused to strike allegations regarding antisemitism from Alice Merton's copyright suit against Ye.
Updated on Oct. 9, 2026 in Hip-Hop and Rap
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Judge Fernando L. Aenlle-Rocha denied a request by Ye to remove references to antisemitism and the Holocaust from a copyright infringement lawsuit. The plaintiff, musician Alice Merton, sued Ye in 2025 over the unauthorized use of a sample from her song Blindside.
Why it matters
The judge ruled that Merton's personal history as a descendant of Holocaust survivors and the context of Ye's public antisemitic remarks are relevant to the case. This decision allows the allegations to remain as the lawsuit moves toward a jury trial.
Ye has been the subject of more than a dozen copyright lawsuits regarding his use of unlicensed music samples. A jury previously found him liable for infringement in May 2026 related to an instrumental track on his 2021 album Donda.
The players
Ye
Ye is a prominent rapper, record producer, and fashion designer who has faced widespread condemnation for antisemitic remarks.
Alice Merton
Alice Merton is a singer-songwriter who filed a copyright lawsuit against Ye regarding the unauthorized use of her music.
Fernando L. Aenlle-Rocha
Fernando L. Aenlle-Rocha is a United States District Judge presiding over the copyright litigation involving Ye.
The details
Merton alleges that Ye used a sample from her track Blindside in his song Gun to My Head without permission. She maintained that she refused to license the music because of her family's background and Ye's history of antisemitic comments.
Timeline
2022 marked the beginning of the controversy surrounding Ye's antisemitic statements.
Alice Merton filed her copyright lawsuit against Ye in 2025.
Ye issued a public apology for his past hate speech in January 2026.
In May 2026, a jury found Ye liable for copyright infringement.
Judge Fernando L. Aenlle-Rocha denied the motion to strike on October 8, 2026.
Industry Dynamics
This case follows a pattern of heightened legal scrutiny surrounding Ye's production practices and sample clearances. It signals an increasing trend of artists refusing to associate with the rapper due to his public controversies, even if it leads to prolonged courtroom battles.
The ongoing litigation highlights the complexities artists face when managing their intellectual property rights against high-profile collaborators. For fans, this could influence the availability of certain tracks on streaming services if further infringement rulings occur.
The takeaway
The court's decision highlights that an artist's public reputation and personal history can serve as legitimate factors in copyright licensing disputes. Musicians continue to leverage legal channels to maintain control over their work in the face of public controversies.
What happens next
The copyright infringement case is scheduled to proceed to a jury trial in March 2027.
Further reading
Explore ongoing legal developments in the Hip-Hop and Rap scene.
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Should a defendant's past controversial remarks be allowed as evidence in a civil copyright lawsuit?
