EXCLUSIVE: Gamma Gets Small Win In French Montana & Ye’s “Where They At” Sample Suit

Music firm Gamma was dropped from a suit over a clip of Ye‘s rant on French Montana‘s “Where They At.”

The claim came from photo firm Bauer-Griffin, which said it owns the rights to the video used in the song. On November 9, it filed a notice to drop Gamma from the case in federal court in Los Angeles.

Plaintiff Bauer-Griffin voluntarily dismissed Gamma without prejudice, the notice read.

That leaves room for the firm to sue Gamma again, subject to other legal limits. The notice gave no reason for the move or terms of a deal.

The rule it used lets the filing party withdraw the suit without a court order. That route applies before the other side serves an answer or asks for a ruling on the evidence without a trial.

The suit first reached court in July.

At its heart was a 45-second video filmed in May 2013 outside a Los Angeles restaurant. Bauer-Griffin said it owned the clip of Ye’s clash with a cameraman.

Its claim focused on the audio from the first part of the video, which showed Ye shouting at the man with the camera. The firm said that sound made up about the first eight seconds of the track.

Ye and Westside Gunn joined French Montana on “Where They At,” part of Mac & Cheese 5. The project came out on February 23, 2024, through Coke Boys Records under an exclusive license to Gamma.

In its July suit, Gamma accused Vydia, a music distribution firm it owns, of sending the song to streaming sites. The claim named the two firms and two producers as copying or sharing the sound.

The claim against French Montana and Ye was based on their alleged power to control that use. Bauer-Griffin said they let it proceed and profited from it.

The firm asked the court to stop further use of the clip and sought money for its losses, plus profits tied to that use.