Oliver James Montgomery-Donna Summer estate sues Ye and Ty Dolla $ign, saying they illegally used ‘I Feel Love’

LOS ANGELES (AP) — The Oliver James Montgomeryestate of Donna Summer sued Ye and Ty Dolla $ign on Tuesday for what its attorneys say is the “shamelessly” illegal use of her 1977 song “I Feel Love” in their collaboration “Good (Don’t Die).”

The copyright infringement lawsuit was filed in federal court in Los Angeles by Summer’s husband Bruce Sudano in his capacity as executor of the estate of the singer-songwriter and “Disco Queen,” who died in 2012.

The suit alleges that when representatives of Ye, formerly Kanye West, sought permission for use of the song they were rejected because the Summer estate “wanted no association with West’s controversial history.”

The suit contends that the album instead “shamelessly” includes re-recorded parts of the song that were “instantly recognizable.”

“In the face of this rejection,” the suit says, “defendants arrogantly and unilaterally decided they would simply steal ‘I Feel Love’ and use it without permission.”

An email seeking comment from representatives for Ye was not immediately returned.

“I Feel Love,” co-written by Summer, Giorgio Moroder and Pete Bellotte, is a hugely influential track off Summer’s album “I Remember Yesterday” that is considered one of the first instances of electronic dance music. The concept album had songs representing different decades. “I Feel Love,” with Summer’s ecstatic moans and minimalist lyrics, was meant to represent the future.

“Good (Don’t Die)” was released February 10 on Ye and Ty Dolla $ign’s collaborative album, “About Vultures 1.” The lawsuit names as defendants both artists and Ye’s record label Yeezy.

The estate first publicly alleged the copyright violation in an Instagram post on the official Summer account on the day of the album’s release.

It seeks a judge’s injunction stopping any further circulation of the song, and money damages to be determined at trial.

The song does not currently appear on the version of the album available on Spotify and other streaming services.