Warner Owes Royalties to Co-Author of Madonna’s ‘Vogue’

WB Music Corp., and Warner/Chappell Music Inc. must repay the co-writer of Madonna’s 1990 hit song “Vogue” more than $500,000 in royalties, the Second Circuit ruled.

Warner’s contract with the writer, Robert Pettibone, didn’t allow it to withhold royalties in order to offset costs incurred defending a copyright infringement suit over the song, the U.S. Court of Appeals for the Second Circuit said April 17.

A lower court had dismissed Pettibone’s case after finding an indemnification provision in the contract allowed Warner to withhold the royalties.

Reinstating the breach of contract suit, the appeals court said the contract only requires ...