NEW YORK — The estate of Donna Summer sued the artists Ye, formerly known as Kanye West, 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 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 from the Associated Press seeking comment from representatives for Ye was not immediately returned.
A representative for Summer's estate told CBS News that they didn't have any additional comment to provide.
"At this time we are letting the complaint speak for itself," the rep said.
"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 Feb. 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.
