"VOGUE" LAWSUIT WON -GO MADONNA & SHEP

 Madonna and Music Producer Win 'Vogue' Sampling Lawsuit

12:39 PM PST 11/18/2013 by Eriq Gardner 

The original lawsuit was filed in July by VMG Salsoul, the copyright owner of a 1976 composition called "Love Break." The plaintiff alleged that it was only through new technology that the "deliberately hidden" sampling had been detected.

But a U.S. District Court judge in California has ruled on summary judgment that sampling of the Horn hit was "trivial," in that in could not be recognized.

"Having listened to the sound recordings of Chicago Bus Stop, Love Break and Vogue, the Court finds that 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 ruling reads. "The Court finds that any sampling of the Horn Hit was de minimis or trivial."


 The ruling had the potential of addressing a standard set in a 2006 case involving a N.W.A. rap song that sampled a Funkadelic riff. In that case, Bridgeport Music v. Dimension Films, the 6th Circuit Court of Appeals wouldn't tolerate the sampling and looping of a two-second guitar chord. An appeals court wrote at the time, "Get a license or do not sample. We do not see this as stifling creativity in any significant way."

 In the present case, U.S. District Judge Beverly O'Connell somewhat sidestepped the issue of whether a very brief sample could ever amount to copyright infringement, declining to adopt any bright-line rule from a different circuit. The judge added that it wasn't appropriate to apply that case because there wasn't clarity as to whether there was copying or independent creation or, indeed any sampling at all.

Here's the full ruling.
Said attorney Richard Busch, who represented the defendants: "We are thrilled with the decision and believe it is absolutely the right result."

MIN. WAGE BEING RAISED

 

TRENTON — New Jersey voters overwhelmingly approved a ballot question today that will raise the minimum wage from $7.25 to $8.25 an hour in January and amends the state Constitution to tie future increases to inflation.

Voters also approved a ballot question that allows veterans groups to use the proceeds from the bingo, raffles and other games of chance to repair their meeting halls or cover other building expenses.

The business community put up a tough fight to defeat the minimum wage measure, spending about $1 million to persuade the public the measure will lead to job losses and undermine their ability to move past the lingering effects of the recession.

 But they were outspent by unions and other supporters who raised $1.3 million to wage a very public campaign that included large rallies in cities across the state...

  (READ MORE ON NJ.COM)

  By Susan K. Livio/The Star-Ledger
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on November 05, 2013 at 9:25 PM, updated November 06, 2013 at 1:47 PM