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. 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.”
Merton’s side said 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 wants to show Ye knew he lacked the rights when he used her work.
The fight centers on “Blindside,” Merton’s 2022 song that she says Ye used in “Gun To My Head.” His team asked BMG Rights Management to clear the sample in February 2024, the order states.
Merton said no the next month and gave a blunt reason when BMG asked her why. Her side wrote, “the artist’s values are contrary to our values,” in the email cited by the judge.
Merton says Ye released the track in August 2024 even though she told him no. That month, BMG sent him a letter telling him to stop and account for each use. The order states that Ye didn’t reply to the letter, and Merton filed suit in March 2025.
Ye’s long run of hateful remarks gave Merton reasons to keep her work out of his hands. He praised Adolf Hitler on Alex Jones’ InfoWars show in December 2022 and said he loved Nazis.
His words cost him his deal with Adidas in 2022 when the brand cut ties over hate speech.
Ye then sold swastika shirts for $20 through his Yeezy store in February 2025, drawing more backlash. Shopify shut the store down for breaking its rules as the Nazi symbol drew widespread outrage.
Ye tried to make amends in a full-page ad in The Wall Street Journal, Reuters reported. The message ran on January 26, 2026, and addressed those he hurt through his actions.
“I am not a Nazi or an antisemite. I love Jewish people,” he wrote to those he’d hurt.
Ye blamed a brain injury and bipolar disorder for the state he was in during his outbursts. He said his health did not excuse what he did and pledged to get help and own up to the harm.
The judge also noted Ye’s past copyright suits, which could show he knew the rules. Ye and Yeezy Record Label must file their answer to Merton’s suit by October 23, 2026.
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