Fairuz, Madonna, and the Holy Copyright Fight That Should Not Be Forgotten!
The ‘90s… when music was bold, legal conflicts reached a fever pitch, and Madonna was… well, Madonna! Among her many controversies, one of the most unexpected (yet legally fascinating) was her copyright clash with the legendary Lebanese singer Fairuz.
For those unfamiliar with Arab music royalty, meet Fairuz… the undisputed queen of Arab music and a Lebanese icon! Her voice is a divine fusion of crystalline clarity, sublime elegance, and profound emotional depth, creating a singular sound that has captivated the hearts of Arabic music lovers for generations. This extraordinary artist has been the soundtrack to daily life for generations, with her songs echoing through homes, cafés, and streets across the Arab world and beyond making her voice the fabric of the region’s culture, weaving together the threads of tradition and modernity.
The ultimate musical mashup turned into a royal rumble! When Madonna ‘borrowed’ a sample from Fairuz without permission, it sparked a heated dispute that nearly led to a courtroom battle.
So, what’s the deal? In 1992, Madonna released an album designed to push boundaries. While most of the world focused on its provocative themes, one track stood out for an entirely different reason… it featured an unauthorized sample of Fairuz’s Byzantine hymn, El Yom ’Ulliqa ’Ala Khashaba “in Arabic” which means, Today He Was Hung on the Cross.
Why did this particular song spark such outrage? Unlike a typical pop melody, this is a deeply sacred Easter chant, sung in churches across the Middle East to commemorate the crucifixion of Jesus Christ. Incorporating it into a commercial album—especially one that explored controversial themes—was seen as both cultural and religious disrespect.
Fairuz’s representatives claimed the sample was used without permission, leading to a legal battle that ended in an out-of-court settlement. Reports indicate that Madonna paid Fairuz $2.5 million. But the fallout didn’t stop there, the album at the center of the storm was banned from Lebanese shelves, and if rumors are to be believed, the incident even led to travel restrictions for Madonna in Lebanon.
You’d think Madonna would have learned her lesson, but apparently not! The controversy resurfaced in March 2024 at the American Airlines Center in Dallas, when Madonna opened her performance of another song with Fairouz’s iconic ballad. This moved reignited tensions and sparked a fresh wave of criticism, with some social media users expressing strong disapproval of her actions.
But beyond the outrage, this case raises some crucial intellectual property issues:
- Just because a song is religious doesn’t mean anyone can use it freely.
- Too often, global artists assume that non-Western music is fair game.
- Even the world’s biggest stars can’t bypass copyright law.
Madonna’s tendency to use religious and cultural music without permission has become a recurring theme in her career. However, the Fairuz incident serves as a stark reminder of the importance of intellectual property protection, not just for commercial gain, but for safeguarding cultural legacy.
So, the next time you’re tempted to ‘borrow’ a song without permission, remember this: even the Queen of Pop wasn’t exempt from the consequences, and neither are you!
Written by our Legal Consultant: Ms. Lubna Qarmash.