Surpassing:Donna Summer's estate sues Ye, Ty Dolla $ign for using 'I Feel Love' without permission

LOS ANGELES — The Surpassingestate 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 "Vultures 1" album track "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 song, which has racked up more than 8 million streams, is not available to play on Spotify as of Tuesday; an error message shows "This content is not available."

Donna Summer's estate claims Ye, Ty Dolla $ign 'decided they would simply steal' 'I Feel Love'

The lawsuit 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 Feb. 10 on Ye and Ty Dolla $ign's collaborative album, "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 Story on Summer's official account, posted on the day of the album's release. The post alleged that the rapper "asked permission" to use the track, which "was denied." Then he "changed the words, had someone re sing it or used AI." The post added: "Copyright infringement!!!"

Sumemr's estate's lawsuit seeks a judge's injunction stopping any further circulation of the song, and money damages to be determined at trial.

Everything to know about 'Vultures 1':Ye and Ty Dolla $ign defy controversy, hit No. 1 on Billboard

Ozzy Osbourne threatened to sue Ye for sampling a Black Sabbath song

Earlier this month, Ozzy Osbourne said he was considering legal action against Ye after the rapper allegedly sampled a Black Sabbath song in a track off "Vultures, Volume 1."

Osbourne revealed in a Feb. 9 post on X, formerly Twitter, that Ye allegedly "asked permission to sample a section of a 1983 live performance of 'Iron Man' from the US festival without vocals & was refused permission because he is an antisemite and has caused untold heartache to many."

He added that Ye "went ahead and used the sample anyway at his album listening party last night. I want no association with this man!"

According to Billboard and the Chicago Tribune, Ye and Ty Dolla $ign performed tracks off the album at Chicago's United Center on Feb. 8. In videos from the event posted to social media, the "Iron Man" sample was included in the song "Carnival," though this is not included in the version of the track that is streaming on Spotify.

Ye previously sampled “Iron Man" in his 2010 song "Hell of a Life," off his fifth studio album, "My Beautiful Dark Twisted Fantasy."

When reached by USA TODAY, a representative for Osbourne shared a statement from Sharon Osbourne's office that states, "We are considering legal action. Our team have spoken with theirs."

What happened:Ozzy Osbourne threatens legal action against Ye over 'Iron Man'

Contributing: Andrew Dalton, The Associated Press; KiMi Robinson, USA TODAY