Madonna has emerged victorious in a lawsuit charging her with illegally sampling another song in her 1990 smash "Vogue."
VMG Salsoul, which owns the copyright to the 1976 song "Love Break" by the group Horn, sued Madonna and producer Robert "Shep" Pettibone in July, claiming the duo had used "Love Break" as part of "Vogue."
But U.S. District Court Judge Beverly O' Connell in Los Angeles ruled "no reasonable audience would find the sampled portions qualitatively or quantitatively significant in relation to the infringing work, nor would they recognize the appropriation. The Court finds that any sampling of the Horn hit was de minimis or trivial."
Attorney Richard Busch, who represented Madonna and Pettibone, said the defendants "are thrilled with the decision and believe it is absolutely the right result."
"Vogue" hit No. 1 on the Billboard Hot 100, was certified double-platinum in the U.S. and has sold an estimated six million copies worldwide.