United States Ninth Circuit

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VMG Salsoul, LLC v. Ciccone, 13-57104

In a copyright infringement suit claiming that in the Madonna song Vogue contained a modified version of a horn segment allegedly copied from a song known as Love Break, which violated the plaintiff's copyrights to Love Break, the District Court's summary judgment in favor of the defendants and award of attorney's fees is: 1) affirmed as to summary judgment where any copying that occurred was 'de mimimis' and not an infringement of either the composition or the sound recording of Love Break; but 2) vacated as to attorney's fees where the District Court abused its discretion in granting attorney's fees to the defendants under 17 U.S.C. section 505.

Appellate Information

  • Decided
  • Published 2016/06/02

Judges

  • GRABER

Court

  • United States Ninth Circuit

Counsel