California Appellate Tracker

VMG Salsoul, LLC v. Ciccone

June 13, 2016

Madonna's song Vogue, in which she used a 0.23 second horn segment from an earlier copyrighted song, did not infringe on the earlier song’s copyright; any copying—even if deliberate—was de minimis and an average audience would not recognize the appropriation.

Even deliberate copying of a copyrighted work does not constitute actionable infringement if the copying is only de minimis. This decision extends that rule, adopted in Newton v. Diamond (9th Cir. 2004) 388 F.3d 1189, 1192 with respect to sheet music, to copying of copyrighted sound performances, finding the 6th Circuit’s contrary decision in Bridgeport Music, Inc. v. Dimension Films (6th Cir. 2005) 410 F.3d 792 unconvincing. Here, Madonna’s use of a 0.23 second segment of an earlier copyrighted song was de minimis and therefore not infringement since an average audience would not recognize the appropriation.

Ninth Circuit Court of Appeals (Graber, J.; Silverman, J., dissenting); June 2, 2016; 2016 WL 3090780

Subscribe to California Appellate Tracker

Thank you for your desire to subscribe to Severson & Werson’s Appellate Tracker Weblog. In order to subscribe, you must provide a valid name and e-mail address. This too will be retained on our server. When you push the “subscribe button”, we will send an electronic mail to the address that you provided asking you to confirm your subscription to our Weblog. By pushing the “subscribe button”, you represent and warrant that you are over the age of 18 years old, are the owner/authorized user of that e-mail address, and are entitled to receive e-mails at that address. Our weblog will retain your name and e-mail address on its server, or the server of its web host. However, we won’t share any of this information with anyone except the Firm’s employees and contractors, except under certain extraordinary circumstances described on our Privacy Policy and (About The Consumer Finance Blog/About the Appellate Tracker Weblog) Page. NOTICE AND AGREEMENT REGARDING E-MAILS AND CALLS/TEXT MESSAGES TO LAND-LINE AND WIRELESS TELEPHONES: By providing your contact information and confirming your subscription in response to the initial e-mail that we send you, you agree to receive e-mail messages from Severson & Werson from time-to-time and understand and agree that such messages are or may be sent by means of automated dialing technology. If you have your email forwarded to other electronic media, including text messages and cellular telephone by way of VoIP, internet, social media, or otherwise, you agree to receive my messages in that way. This may result in charges to you. Your agreement and consent also extend to any other agents, affiliates, or entities to whom our communications are forwarded. You agree that you will notify Severson & Werson in writing if you revoke this agreement and that your revocation will not be effective until you notify Severson & Werson in writing. You understand and agree that you will afford Severson & Werson a reasonable time to unsubscribe you from the website, that the ability to do so depends on Severson & Werson’s press of business and access to the weblog, and that you may still receive one or more emails or communications from weblog until we are able to unsubscribe you.

I Agree

Effective, Experienced, Exceptional.

California Appellate Tracker

VMG Salsoul, LLC v. Ciccone

Categories

San Francisco

Severson & Werson

Orange County

Severson & Werson