Hitting the Right Note in Copyright Law - PT2

A 0.23‑second horn hit sparked a federal copyright battle, but the real impact of VMG Salsoul v. Madonna lies in the doctrines and litigation strategies that continue to shape sampling law today. This episode moves from the story to the deeper legal mechanics behind one of the most influential music‑copyright cases of the modern era. Part 1 explored how a nearly imperceptible horn hit in Vogue ignited a significant dispute. [Did you miss the previous episode?] Part 2 turns to the doctrines, evidentiary standards, and litigation lessons that continue to guide copyright practitioners, paralegals, and translators working with music‑related filings. This episode breaks down the core legal principles at the heart of the case, including: - De Minimis Use: Why the Ninth Circuit held that an unrecognizable sample does not constitute infringement - Fair Use vs. De Minimis: How courts distinguish between the two doctrines and why it matters - Circuit Splits: The Ninth Circuit’s rejection of the Sixth Circuit’s “get a license or do not sample” rule - Evidence and Expert Analysis: How audio perception, waveform comparisons, and listener recognition shaped the outcome. The discussion draws on legal research, case history, and practical experience supporting sampling‑related disputes, offering a grounded understanding of why this case remains a touchstone for copyright analysis. Listeners gain a clear view of how sampling doctrine evolved, how courts evaluate microscopic audio fragments, and how these principles influence filings, evidence preparation, and argument strategy today. Let's Connect: LinkedIn X.com YouTube Subscribe to Paralegal's Memo on LinkedIn Don’t forget to subscribe to the print version of Paralegal’s Memo on LinkedIn — you’ll find it at bit.ly/paralegal101. Disclaimer: This podcast is for informational purposes only and nothing should be construed as legal advice. That’s why you must always consult a qualified attorney.