Madonna Wins Compensation Suit Filed For Copyright Infringement in Vogue

Madonna Louise Ciccone, popularly known as Madonna, has won a copyright lawsuit on June 2 over allegation of infringing copyright law in her 1990 hit Vogue from 'Love Break', a fun track of Salsoul Orchestra released in 1980s. The 9^th Circuit Court of Appeal has upheld a previous verdict pronounced during 2013 in favor of the pop star by a lower court.

The lower court has released Madonna from the accusation since duration of the video clip fragment copied by Madonna has been too brief to consider for compensation. VMG Salsoul LLC, plaintiff for the lawsuit enjoys copyright to the song and The Guardian has failed in its efforts to reach them for comments.

Shep Pettibone, producer for Madonna’s Vogue has also produced 'Love Break' prior to initiate work with the noted singer. Salsoul alleges in the lawsuit that Pettibone has added the ‘horn hit’ to Vogue sampling out from his collection of previous works.

In its verdict, the US Appeal Court observes that the sample video lasts for less than one second and is difficult to get recognized unless paying special attention by the general public. Judge Susan Graber of Portland Oregon has rejected the compensation appeal on the ground that average people won’t be able to recognize the appropriation of the copied part. However, the court decision hasn’t been taken un-anonymously since Judge Barry G Silverman considers the event of copying as simple theft, according to a report published in BBC.

Judge Silverman opposes the idea for acquittal of the pop singer on the ground of copying a very brief part of the plaintiff’s property. Despite his opposition, the verdict has been passed with a 2-1 voting among the jurors.

The verdict opposing judge also believes that the recent verdict will cause confusion at the national level since colliding with Bridgeport ruling. He considers Congress as the lone place with authority for changing rules.   

The recent verdict conflicts with a 2005 verdict delivered by the sixth circuit judge. In the suit against gangsta rappers N.W.A. by funk greats Funkadelic , the Nashville Circuit judge observes that even small copied samples call for copyright protection. The 2005 verdict has eventually attracted huge number of artists to file suit seeking for compensation, reports Daily Mail.  

However, Wednesday’s verdict relieves the plaintiff from paying legal expenses to Madonna and Pettibone as instructed by the lower court. Intriguingly, Judge Graber doesn’t think the plaintiff’s appeal as unreasonable despite witnessing eventual denial from the court.