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		</div><p>A divided US federal appeals court has cleared Madonna of allegations she violated copyright law by using part of another song in her 1990 hit Vogue.</p>
<p>The horn segment the singer was accused of stealing would be unrecognisable to the average listener of Vogue because it is very short, occurs only a few times in the Madonna song and was modified for it, the 9th US Circuit Court of Appeals ruled 2-1.</p>
<p>&#8220;Even if one grants the dubious proposition that a listener recognised some similarities between the horn hits in the two songs, it is hard to imagine that he or she would conclude that sampling had occurred,&#8221; Circuit Judge Susan Graber said.</p>
<p>The decision upheld a lower court ruling that dismissed the lawsuit against Madonna by VMG Salsoul, saying the alleged copying was trivial and fell into the &#8220;de minimis&#8221; exception under copyright law.</p>
<p>The company said it owned the copyright to the song, Ooh I Love It (Love Break) from which Madonna took the horn segment. Its lawsuit also named Shep Pettibone as a defendant and said it was Pettibone who sampled the horn music from Love Break for use in Vogue, both songs he worked on.<br />
Pettibone denied the allegation.</p>
<p>The 9th Circuit&#8217;s ruling clashed with another federal circuit court, the Sixth Circuit, which held that for copyrighted sound recordings, any unauthorised copying, no matter how trivial, violates copyright law.</p>
<p>In a dissenting opinion, 9th Circuit Judge Barry Silverman said the majority should have followed the Sixth Circuit&#8217;s logic.</p>
<p>&#8220;It is no defence to theft that the thief made off with only a &#8216;de minimis&#8217; part of the victim&#8217;s property,&#8221; he said.</p>
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