Condé Nast has won the lawsuit it was facing in connection with Vogue’s April 2014 cover starring Kim Kardashian and Kanye West. You may recall that former child star, Ricky Spicer, filed suit against the publishing giant in the Supreme Court of New York in connection with a video of the cover shoot that appeared on Vogue’s website. Kanye West’s song, Bound 2, was used in the Vogue video, thereby implicating Condé Nast in a larger string of lawsuits filed by Spicer, who claims West sampled his voice without authorization and used it in “Bound 2,” which is included in his most recent album, “Yeezus.”
Spicer filed suit against West, Roc-A-Fella Records, Island Def-Jam Music, Rhino Entertainment and Universal Music Group in December 2013 in connection with Bound 2, claiming unjust enrichment and violation of his likeness rights, and then filed suit against Condé Nast this past April on similar grounds. While the initial lawsuit is still pending and is slated to head to trial next month, Condé Nast has been awarded a victory. The New York State Supreme Court ruled in Condé Nast’s favor, holding that while the sample of Spicer’s song was used without proper authorization, the publishing giant is off the hook because its use of the song was newsworthy and didn’t constitute advertising for Vogue, and therefore, didn’t qualify for Spicer’s causes of action.