Alice Merton said no to Ye because her family survived the Holocaust. The song came out anyway, and now he has settled

The song that started it was never meant to be heard. “Gun to My Head”, a Ye track featuring Kid Cudi and Ty Dolla Sign, was first played at a Vultures listening event in December 2023. Now, almost three years later, it has cost Ye a settlement.

Lawyers for Ye and Alice Merton told the court on 6 November that they had agreed to resolve her copyright claim. On Thursday 12 November, US District Judge Fernando L. Aenlle-Rocha dismissed the case without prejudice, meaning it can be reopened within 90 days if the settlement is not completed. The terms were not disclosed.

What did Merton say Ye took?

Merton, best known for her 2016 hit “No Roots”, sued Ye and his Yeezy record label with two German music publishers. Her complaint said “Gun to My Head” used a large part of the bassline melody of “Blindside” and a vocal recording of its opening lyric, which became the main lyric line of Ye’s song.

Ye had not sought permission before the December 2023 listening event. His clearance company contacted her on 15 February 2024. Weeks later, she said no, telling them Ye’s “values are contrary to our values”.

Why did she refuse?

Her lawsuit said she would never give permission because of Ye’s history of antisemitic and racist remarks, and described her as a descendant of Holocaust survivors who would not compromise her beliefs. She said she was “shocked and humiliated” when websites reported in December 2023 that she appeared to be a willing collaborator.

She also alleged that Ye’s fans blamed her when the sample was not cleared, sent her death threats, and that Ye did nothing to stop the abuse. Those claims were not tested at trial.

How did the song come out anyway?

“Gun to My Head” was left off Vultures 1 when it was released in February 2024. When Vultures 2 arrived that August, the song was not on the official track list, but it appeared briefly on a digital deluxe edition and has circulated in bootleg versions online.

Ye’s lawyers argued Merton did not have enough evidence for a copyright claim and noted the song has never been on streaming services. They also tried to strike the Holocaust and antisemitism allegations from the case. On 8 October, the judge refused, leaving them in.

Is this unusual for Ye?

Not at all. He has faced more than a dozen lawsuits over alleged unlicensed samples and interpolations and has settled most of them. In May, a jury found him liable for sampling an unreleased demo on an early version of “Hurricane”, awarding US$438,558. Earlier this month, two producers sued him and Ty Dolla Sign over a 2018 song they say was sampled on Vultures.

For artists, Merton’s case is a reminder that a refused sample can still end up in court, and on the record, years after the music first leaked.