VMG Salsoul v Ciccone
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.
Q842270
American copyright law
Concept
Q1744
Madonna
PER
Q1137806
Salsoul Orchestra
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Vogue
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Q287088
"de minimis" defense
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U.S. Court of Appeals for the 9th Circuit
MEDIA
Q4966602
Bridgeport Music, Inc. v. Dimension Films
EVE
Q250472
U.S. Court of Appeals for the 6th Circuit
MEDIA
Q611264
Newton v. Diamond
PER
Q97356658
VMG Salsoul v Ciccone
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