VMG SALSOUL, LLC v. CICCONE

Nos. 13-57104 14-55837.

824 F.3d 871 (2016)

VMG SALSOUL, LLC, a Delaware limited liability company, Plaintiff-Appellant, v. Madonna Louise CICCONE, professionally known as Madonna, an individual; Shep Pettibone, an individual; WB Music Corporation, a Delaware corporation; Webo Girl Publishing, Inc., a California corporation; Lexor Music, Inc., a New York corporation; Warner Music Group, a Delaware corporation; Warner Bros. Records, Inc., a Delaware corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 2, 2016.


Attorney(s) appearing for the Case

Robert S. Besser (argued) and Christopher Chapin , Law Offices of Robert S. Besser, Santa Monica, California, for Plaintiff-Appellant.

Alexander Kaplan (argued), Proskauer Rose LLP, New York, New York; Richard S. Busch (argued) and Paul H. Duvall , King & Ballow, San Diego, California; and Sandra A. Crawshaw-Sparks and Susan L. Gutierrez , Proskauer Rose LLP, Los Angeles, California, for Defendants-Appellees.

Dissent by Judge Silverman


OPINION

In the early 1990s, pop star Madonna Louise Ciccone, commonly known by her first name only, released the song Vogue to great commercial success. In this copyright infringement action, Plaintiff VMG Salsoul, LLC, alleges that the producer of Vogue, Shep Pettibone, copied a 0.23-second segment...

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