About: VMG Salsoul v Ciccone

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VMG Salsoul v Ciccone 824 F.3d 871 (9th Cir. 2016) is a court case that has played an important role in redefining the legal status of sampling in music under American copyright law. The case involved a claim of copyright infringement brought forth against the pop star Madonna, for sampling the horns from an early 1980s song "Ooh I Love It (Love Break)" by the Salsoul Orchestra in her international hit song "Vogue". Such sampling was done without a license, or compensation to VMG Salsoul, LLC who was the copyright holder of Love Break and therefore moved the court claiming infringement and damages. The Ninth Circuit was to rule upon a contentious issue in the music industry at large, i.e. whether the de minimis defense is applicable against a claim of copyright infringement in the case of

Attributes	Values
rdfs:label	VMG Salsoul v Ciccone (en)
rdfs:comment	VMG Salsoul v Ciccone 824 F.3d 871 (9th Cir. 2016) is a court case that has played an important role in redefining the legal status of sampling in music under American copyright law. The case involved a claim of copyright infringement brought forth against the pop star Madonna, for sampling the horns from an early 1980s song "Ooh I Love It (Love Break)" by the Salsoul Orchestra in her international hit song "Vogue". Such sampling was done without a license, or compensation to VMG Salsoul, LLC who was the copyright holder of Love Break and therefore moved the court claiming infringement and damages. The Ninth Circuit was to rule upon a contentious issue in the music industry at large, i.e. whether the de minimis defense is applicable against a claim of copyright infringement in the case of (en)
dcterms:subject	United States Court of Appeals for the Ninth Circuit cases United States copyright case law Madonna
Wikipage page ID	64331451 (xsd:integer)
Wikipage revision ID	1105435314 (xsd:integer)
Link from a Wikipage to another Wikipage	Beastie Boys United States Court of Appeals for the Ninth Circuit United States Court of Appeals for the Sixth Circuit Vogue (Madonna song) De minimis Derivative work Interpolation search Salsoul Orchestra Copyright law of the United States Madonna United States Court of Appeals for the Ninth Circuit cases United States copyright case law Bridgeport Music Pass the Mic Grand Upright Music, Ltd. v. Warner Bros. Records Inc. Madonna Circuit split Newton v. Diamond
sameAs	VMG Salsoul v Ciccone VMG Salsoul v Ciccone
dbp:wikiPageUsesTemplate	dbt:Italic_title dbt:Reflist
has abstract	VMG Salsoul v Ciccone 824 F.3d 871 (9th Cir. 2016) is a court case that has played an important role in redefining the legal status of sampling in music under American copyright law. The case involved a claim of copyright infringement brought forth against the pop star Madonna, for sampling the horns from an early 1980s song "Ooh I Love It (Love Break)" by the Salsoul Orchestra in her international hit song "Vogue". Such sampling was done without a license, or compensation to VMG Salsoul, LLC who was the copyright holder of Love Break and therefore moved the court claiming infringement and damages. The Ninth Circuit was to rule upon a contentious issue in the music industry at large, i.e. whether the de minimis defense is applicable against a claim of copyright infringement in the case of sound recording, with special regard to the practice of sampling. The issue was brought before a federal judge, with the plaintiff claiming that both, a single horn hit and a double horn hit had been copied from their work without license. However, the federal court ruled in favor of the Defendants, accepting their defense under the de minimis doctrine, wherein they said only a minimal and insubstantial part of the original work had been copied in the new work. Subsequently, the U.S. Court of Appeals for the 9th Circuit affirmed the federal courts decision and reinstated the de minimis defense in the case of sound recordings. This defense had effectively been eliminated by the judgement given in Bridgeport Music, Inc. v. Dimension Films by the U.S. Court of Appeals for the 6th Circuit which established a bright line licensing regime with regards to samples which held that license must be taken regardless of duration or substantiality of sample. The Court of Appeals for the 9th Circuit also relied on the decision given by the same court in Newton v. Diamond, 388 F.3d 1189, 1190 (9th Cir. 2003) which held de minimis as a valid defense in claims of infringement in sound recordings and to determine whether use was de minimis it must be considered whether an average audience would recognize appropriation from original work as present in the accused work. (en)
prov:wasDerivedFrom	wikipedia-en:VMG_Salsoul_v_Ciccone?oldid=1105435314&ns=0
page length (characters) of wiki page	13899 (xsd:nonNegativeInteger)
foaf:isPrimaryTopicOf	wikipedia-en:VMG_Salsoul_v_Ciccone
is Link from a Wikipage to another Wikipage of	Bridgeport Music Sampling (music)
is foaf:primaryTopic of	wikipedia-en:VMG_Salsoul_v_Ciccone

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