Sample Licence Lawsuits Are In Vogue. Madonna has been - TopicsExpress

Sample Licence Lawsuits Are In Vogue. Madonna has been successful in an American lawsuit that claimed she illegally sampled a 1976 tune, Love Break in her 1990 hit, Vogue. The plaintiff, alleging copyright infringement, claimed new technology detected the sample that had been deliberately hidden. The Court sided with Madonna and found that the sampled portions were qualitatively and quantitatively insignificant and no reasonable audience would recognise the samples. Whilst US Copyright Law differs to Australia, this idea of the quality and quantity of a sample does arise in our own laws. In Australia, copyright infringement can occur by using all or a substantial part of copyright material, and requires an assessment of the quality and quantity of the substantial part (BTW, the 10% rule is a myth!), one not necessarily being more important than the other as each infringement depends on the particular circumstances of each case. Make sure you consider any and all licence options if you intend on sampling music.

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