Thursday, July 12, 2012

Madonna Sued For Illegally Sampling Music On Her Megahit 'Vogue'

The record company behind a 1977 tune has slapped Madonna with a copyright infringement lawsuit, claiming the singer illegally sampled the horns and strings from their song "Chicago Bus Stop (Ooh, I love It) (Love Break)" and used it throughout her most popular song "Vogue" without permission or paying for it. "The unauthorized sampling was deliberately hidden ...within 'Vogue' so as to avoid to avoid detection," the complaint said. If you're like us, you're wondering why they waited 22 years to file this lawsuit. Well, VMG Salsoul LLC says in its complaint the samples were so masterfully hidden that the technology to detect it just became available in 2011. After they confirmed that "Vogue" was indeed sampling their song, VMG Salsoul LLC sent Madonna two notices of copyright infringement, but she told them: Put that where? Way back there! They're is seeking unspecified damaged, plus all profits made from the "Vogue." While this lawsuit will probably get settled, the courts are split on whether sampling of music is illegal. There are two main defenses to sampling lawsuits, according to FindLaw, is fair use and de minimis use. According to the site: "Fair use is a highly complicated analysis that requires the weighing of a number of factors. There is no bright-line rule when it comes to sampling. The same goes for de minimis use. When a litigant asserts this defense, he is arguing that the sampled portion is so negligible that the court shouldn't even bother with a fair use analysis. There is no copyright infringement to be found."

Here's "Love Break"....

..and here's "Vogue."

Do you notice the similarity?

source: CNS
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