The defense will likely argue that the audio from a public incident involving a public figure in a public space should qualify as fair use or falls under incidental capture, since Ye himself generated the content during an altercation with photographers who were recording him.
Insiders close to French Montana suggest the sample clearance process was handled by production teams without direct oversight from either artist. Sources say 'Where They At' has been sitting in limbo for months due to these exact legal complications before being released, possibly prematurely.
The original altercation occurred in 2013 when Ye physically confronted paparazzi outside a recording studio. The lawsuit targets the use of video and audio footage from that incident in French Montana's track 'Where They At.' Both artists face claims over unlicensed sampling, according to Billboard.
Ye just cannot catch a break from lawsuits lately, and now his own infamous outburst is coming back to haunt him — and drag French Montana down with him. You'd think after more than a decade, someone would have cleared those 'don't take no photos' vocals before dropping them on a track.
Kanye West — who now goes by Ye in all professional contexts — is facing yet another lawsuit, but this one comes with a particularly ironic twist. The rapper is being sued alongside French Montana over allegations that they used unlicensed audio samples from the infamous 2013 altercation where Ye went after paparazzi outside a Los Angeles recording studio, famously shouting what became a viral moment: "Don't take no photos!" According to Billboard, which first reported the lawsuit, both Ye and French Montana — whose real name is Karim Kharbouch — are named as defendants in legal action over the use of that exact footage in the song "Where They At." The track allegedly features audio lifted directly from the headline-grabbing paparazzi confrontation without proper clearances or licensing agreements.
This marks yet another intellectual property headache for Ye, who has faced a string of sampling-related lawsuits over the years, though this particular situation stands out due to its deeply personal nature — using his own words against him. The 2013 incident in question occurred when photographers surrounded Ye outside a studio where he was working. The confrontation escalated quickly, with Ye physically engaging with one photographer while screaming about not wanting his picture taken.
That moment was captured on video and circulated widely online, eventually becoming one of the most replayed clips associated with the rapper during that period of his career. Now, those same screams are at the center of a copyright dispute that could cost both artists significantly if the plaintiffs prevail. French Montana's involvement suggests the sample made its way onto his work rather than Ye's own releases, which adds another layer to the legal complexity.
Production teams typically handle sample clearances, and when these processes break down — whether through negligence, oversight, or deliberate shortcuts — it's often the artists who end up holding the bag in court. The lawsuit reportedly names not just the performers but also various entities involved in the production and distribution of "Where They At." This latest legal battle comes as Ye has been working to rebuild his professional relationships following a turbulent few years marked by antisemitic controversies, business breakdowns, and multiple public spats with former collaborators. French Montana, meanwhile, has largely remained active on the touring circuit and in the studio, though "Where They At" may now be pulled or re-edited pending resolution of these claims.
