LebaneseDude 6,146 Posted June 3, 2016 Share Posted June 3, 2016 From Variety On Thursday, the 9th Circuit Court of Appeals made it easier for musicians to sample small portions of song recordings by giving Madonna and her producer Robert “Shep” Pettibone a victory in a long-running lawsuit over the 1990 hit “Vogue.” The decision affirms a 2013 ruling by a California federal court that held on summary judgment that a 0.23 second sampling of a horn hit from the 1976 song called “Love Break” was de minimis, meaning small enough to be trivial. “After listening to the audio recordings submitted by the parties, we conclude that a reasonable juror could not conclude that an average audience would recognize the appropriation of the horn hit,” writes 9th Circuit judge Susan Graber in Thursday’s opinion. “That common-sense conclusion is borne out by dry analysis. The horn hit is very short — less than a second. The horn hit occurs only a few times in ‘Vogue.’ Without careful attention, the horn hits are easy to miss. Moreover, the horn hits in ‘Vogue’ do not sound identical to the horn hits from ‘Love Break’ … Even if one grants the dubious proposition that a listener recognized some similarities between the horn hits in the two songs, it is hard to imagine that he or she would conclude that sampling had occurred.” The latest decision is notable because it now puts the 9th Circuit (California, Arizona, Washington) in direct conflict with the 6th Circuit (Kentucky, Michigan, Ohio, Tennessee) on the issue of whether it’s legally permissible to take even the smallest amount without permission. In a 2006 case involving a N.W.A. rap song that sampled a Funkadelic riff (Bridgeport Music v. Dimension Films), a 6th Circuit judge wrote, “Get a license or do not sample. We do not see this as stifling creativity in any significant way.” VMG Salsoul, the copyright owner of “Love Break,” argued on appeal that the 9th Circuit should follow theBridgeport decision by holding that the de minimisexception does not apply to infringements of copyrighted sound recordings. Edited just now by LebaneseDude. Link to post Share on other sites More sharing options...
Yanko 9,860 Posted June 3, 2016 Share Posted June 3, 2016 talent always wins Link to post Share on other sites More sharing options...
Dangerous Man 9,245 Posted June 3, 2016 Share Posted June 3, 2016 sniw syawla tnelat "A little less conversation and a little more touch my body." Link to post Share on other sites More sharing options...
Serendipity 7,821 Posted June 3, 2016 Share Posted June 3, 2016 About damn time 26 years of lawsuit tho See talent here-->http://bit.ly/2eqeUxK Link to post Share on other sites More sharing options...
Himeros26 1,688 Posted June 3, 2016 Share Posted June 3, 2016 I love the song "Deep In Vogue" featuring Willie Ninja Link to post Share on other sites More sharing options...
bionic 45,301 Posted June 3, 2016 Share Posted June 3, 2016 The only person Madonna plagiarised with Vogue is God. #heavensent stream ritacadabra Link to post Share on other sites More sharing options...
AJH219 4,448 Posted June 3, 2016 Share Posted June 3, 2016 The Queen always silences the lessers 'All our dreams can come true IF we have the courage to pursue them'-Walt Disney Link to post Share on other sites More sharing options...
LUO YI 6,089 Posted June 3, 2016 Share Posted June 3, 2016 Hail the Queen You're twenty steps behind her The night sky tells all Link to post Share on other sites More sharing options...
uo111 5,251 Posted June 3, 2016 Share Posted June 3, 2016 0.23 seconds What even. Link to post Share on other sites More sharing options...
Brian Ryan 1,468 Posted June 3, 2016 Share Posted June 3, 2016 26 years damn... Link to post Share on other sites More sharing options...
Snow 1,582 Posted June 4, 2016 Share Posted June 4, 2016 Link to post Share on other sites More sharing options...
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