Madonna Sued Over Sample Used In ‘Vogue’
Madonna is being sued over a sample used in her 1990 hit ‘Vogue’. Even though it’s been 22 years since Madge first asked listeners to ‘strike a pose’, record label VMG alleges the singer stole samples from one of their songs for use in her hit single.
E! Online reports that VMG has filed a lawsuit for copyright infringement against both Madonna and her label, WB Records. They claim the performer, who is currently on a mammoth world tour, nabbed samples from the track ‘Ooh I Love It (Love Break)’ by Salsoul Orchestra, released in 1977.
More specifically, VMG claims that horns and strings were taken from the earlier track and used in ‘Vogue’ without permission. In a statement released Friday, the label said:
“The portions of ‘Love Break’, which have been copied into ‘Vogue’ and all its various ‘mixes’, ‘remixes’, ‘videos’, YouTube versions etc, are numerous but intentionally hidden. The horn and strings in ‘Vogue’ are intentionally sampled from ‘Love Break’ throughout.”
So why the delay of more than two decades in spotting this? According to VMG, the technology to detect the reused sample has only recently been made available. This, argues the record label, is because it had been intentionally altered and hidden by producer Richard ‘Shep’ Pettibone, who was hired to mix ‘Love Break’ and who also worked on ‘Vogue’. Hmm. The filed lawsuit adds:
“The unauthorized sampling was deliberately hidden by [Madonna] within ‘Vogue’ so as to avoid detection. It was only when VMG specifically looked for the sample, with the technology available to it in 2011, that the sampling could be confirmed.”
VMG is seeking compensation in addition to “Madonna’s profits that are attributable to the copyrighted material.” Which, you know, is probably quite a lot – the single alone has sold well over 3 million copies, while the royalties due on such a universally popular track are likely to be monstrous.
The singer has not responded to the allegations.
Back in January, you may recall the boot was on the other foot, with Madonna herself mentioning the similarities between her single ‘Express Yourself’ and Lady Gaga’s track ‘Born This Way’. While no accusations of out-and-out thievery were made, Madonna described Gaga’s track as “reductive,” and later incorporated the chorus to ‘Born This Way’ into a live rendition of ‘Express Yourself’ on her MDNA tour.
Watch the videos below and make your own mind up about the ‘Love Break’/'Vogue’ allegations:



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Jul 15, 2012
might be a hard case to make if one has to go through all this trouble just to prove there was some sampling – waiting two decades for new technology to unearth something! In the early 90's sampling was overt & everywhere! If Pettibone was that skilled to clerverly manipulate a sample that took over 20 years to find, then it deserves to stay hidden. I'm sure the label is hoping for an out of court settlement to quickly infuse some bank accounts. Not that it matters, but that Love Break song sucks royally and sounds like any other disco song from the 70's. So I'm guessing there was some sampling or borrowing there too.
Jul 16, 2012
Like every other 70s disco tune, this track was sampled to death. Coldcut/ Eric B. & Rakim snagged a part for their hit "Paid In Full" remix. The bassline sounds very familiar to another "Vogue"-related track, Malcolm NcLaren's "Deep In Vogue" from 1989. As for the horn blasts in the break, and the repeat of "Celebrate/ Celebrate/ Celebrate/ Celebrate," they are definitely found in the intro to "Vogue," and one of the original dub versions respectively…
Oct 24, 2012
Oh please! When Shep mixed Love Break back in the days it was very successful…The Salsoul Orchestra's instrumentation here sounds like the intro to Love Unlimited Orchestra's version of the theme to King Kong….The same rhythm was used for The MFSB band's "Love is The Message"….this whole I'll sue you thing 22 years after is crap. Nobody in the dance music community really cares.