Madonna has defeated a lawsuit that claimed her track 'Vogue' broke copyright law.

The singer's 1990 tune features a horn sample taken from Salsoul Orchestra's 1982 effort 'Love Break'.

Legal action was previously taken against Madonna for copying the horn "hit".

However, the US 9th Circuit Court of Appeals has now judged that the sample isn't recognisable due to its short length.

The sample in 'Vogue' only lasts for less than a second.

Throwing out the lawsuit, the appeals court said: "Without careful attention, the horn hits are easy to miss."

Judge Susan P Graber ruled: "After listening to the recordings, we conclude that a reasonable jury could not conclude that an average audience would recognise the appropriation of the composition".

Producer Shep Pettibone worked on both 'Love Break' and 'Vogue'.

Follow us: @Pressparty on Twitter / Pressparty on Facebook.

Listen to both songs below: