Record company VMG Salsoul have accused the 53-year-old singer of using horns and strings from Salsoul Orchestra`s 1977 hit `Chicago Bus Stop (Ooh, I Love It)` and never paying for them, and in a lawsuit have alleged she has illegally profited from the instrumentals.
According to TMZ.com, the company claims it has had to wait so long to take the issue to court because the sample is not obvious and was only isolated thanks to new technology.
VMG Salsoul is suing for copyright infringement and is demanding unspecified damages.
The company stated: "The unauthorized sampling was deliberately hidden by [Madonna] within `Vogue` so as to avoid detection. It was only when VMG specifically looked for the sample, with the technology available to it in 2011, that the sampling could be confirmed."
The suit also mentions Richard `Shep` Pettibone, who was hired to work on the original hit and `Vogue`, with the company claiming he intentionally disguised the sample.
It is not unknown for Madonna to sample songs in her music, most famously with her hit `Hung Up`, which used the hook from `Gimme Gimme Gimme` by ABBA.
She is currently on a world tour promoting her `MDNA` album.