Madonna's Legal Troubles: Did She Cross The Line?

In 2016, Madonna campaigned for Hillary Clinton's presidential bid by offering to perform oral sex on anyone who voted for her. This raised questions about whether she had broken US election law and, specifically, the rules around vote-buying.

The Federal Election Commission confirmed that it is generally illegal to exchange anything of value for [a] vote. Indeed, election law prohibits vote-buying and bars the exchange of payment for a vote or even voter registration.

However, Madonna's offer may have fallen into a legal grey area. Under the particulars of Title 52, she could perform the act as long as there was no monetary value attached.

In another potential brush with the law, Madonna was sued for copyright infringement over her 1990 hit Vogue, which allegedly copied a 0.23-second clip of horn music from the song Love Break by the Salsoul Orchestra.

A US court ruled in her favour, stating that the sample was so short it would not have been recognisable to the general public. However, the ruling was not unanimous, with one judge arguing that the uncredited sample would amount to theft.

Did Madonna break the law with her Blowjobs for Hillary votes offer?

In October 2016, Madonna introduced Amy Schumer at Madison Square Garden and used the opportunity to campaign for Hillary Clinton. She offered to give oral sex to people who voted for Clinton, stating:

> "One more thing before I introduce this genius of comedy: If you vote for Hillary Clinton, I will give you a blowjob, OK? And I’m good. I’m good. I’m not a douche and I’m not a tool. I take my time. I have a lot of eye contact, yeah. And I do swallow."

This offer raised questions about whether Madonna had broken US election law. According to Judith Ingram of the Federal Election Commission, "it is generally illegal to exchange anything of value for [a] vote". Indeed, election law prohibits vote-buying and bars the exchange of payment for a vote, or even voter registration, in a number of elections, including presidential and vice-presidential races. The law also prohibits the mere offer of payment.

However, Madonna's offer did not break the law because there was no monetary value ascribed to the oral sex. The Department of Justice's "Federal Prosecution of Election Offenses" defines the "commercialization of the vote" as a bribe, which "may be anything having monetary value, including cash, liquor, lottery chances, and welfare benefits such as food".

Did Madonna break copyright law with her song Vogue?

Madonna's song "Vogue" was the subject of a copyright lawsuit, with the plaintiff, VMG Salsoul LLC, alleging that the song copied a "horn hit" from their song "Love Break".

The case was ultimately dismissed, with the 9th U.S. Circuit Court of Appeals in Pasadena, California, ruling that the general audience would not recognise the 0.23-second snippet in "Vogue" as originating from "Love Break". The court's decision stated that the sample was too short to be recognisable to the general public and that "without careful attention, the horn hits are easy to miss".

However, the ruling was not unanimous, with Judge Barry G. Silverman of the 9th Circuit Court dissenting and arguing that the uncredited sample would amount to theft. He wrote, "It is no defence to theft that the thief made off with only a 'de minimis' part of the victim's property."

Did Madonna's Vogue case lead to relaxed laws on sampling?

Madonna's Vogue case did not lead to relaxed laws on sampling. In fact, the ruling was contradictory to a 2006 case presented in the 6th Circuit (Tennessee), which held that direct sampling constituted copyright infringement.

Madonna's case involved a horn "hit" allegedly lifted from the Salsoul Orchestra track "Love Break". The US 9th Circuit Court of Appeals ruled that the sample lasted less than a second and would not have been recognisable to the general public. This was despite sworn testimony from Pettibone's personal assistant that he "directed an engineer to introduce sounds from 'Love Break' into the recording of Vogue".

The ruling could lead to short samples becoming more commonplace, but it does not relax the laws on sampling. The court's decision was not unanimous, with Judge Barry G Silverman arguing that the uncredited sample, if proven, would amount to theft.

Did Madonna break the law by campaigning for Hillary Clinton?

On 18 October 2016, Madonna introduced Amy Schumer at Madison Square Garden and used the opportunity to campaign for Hillary Clinton. The pop star pledged to perform oral sex on voters who cast their ballots for Clinton, stating:

> "If you vote for Hillary Clinton, I will give you a blow job... I'm good. I'm not a tool. I take my time. I have a lot of eye contact, yeah. And I do swallow."

This led to questions about whether Madonna had broken US election law, which prohibits vote-buying. Specifically, Title 52 of the US Code bars the exchange of payment for a vote or voter registration in a number of elections, including presidential and vice-presidential races. The law also bars the mere offer of a payment. Those found guilty of violating the law can be fined up to $10,000 or imprisoned for up to five years.

However, it was argued that Madonna's comments did not constitute a violation of the law, as there was no monetary value ascribed to the offered sexual act.

Madonna also performed at a surprise concert in New York's Washington Square Park on the final day of the US election campaign, where she urged the crowd to save this country, vote for Hillary Clinton".

Did Madonna break the law by offering sexual favours in exchange for votes?

In October 2016, Madonna offered to perform sexual favours for anyone who voted for Hillary Clinton in the upcoming US presidential election. While introducing Amy Schumer at Madison Square Garden, the singer promised to give voters blowjobs, stating:

> "I’m a really good. I’m not a douche and I’m not a tool."

Madonna's comments sparked mixed reactions on Twitter, with some users questioning whether she had broken US election law. Indeed, vote-buying is prohibited under Title 52 of the US Code, which bars the exchange of payment for a vote, or even voter registration, in a number of elections, including presidential and vice-presidential races. According to the Federal Election Commission, it is "generally illegal to exchange anything of value for [a] vote". Those found guilty of violating the law may face fines of up to $10,000 or imprisonment of up to five years.

However, as Madonna's offer did not ascribe any monetary value to the sexual favours, it is unlikely that she broke the law.

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