(United States Ninth Circuit) - 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 wreck,which violated the plaintiff's copyrights to Love wreck, 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 wreck; 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.
Source: findlaw.com