Former child star Ricky Spicer has been denied a request for damages from Vogue publishers after objecting to the use of a song featured in a promotional video for Kanye West and Kim Kardashian's popular magazine cover.

Spicer sued bosses at the magazine's parent company Conde Nast in April (14) after editors used the rapper's Bound 2 hit as the soundtrack for the behind-the-scenes footage for that month's issue.

He claimed the track illegally sampled his 1970s tune Bound, which he recorded with his soul band The Ponderosa Twins Plus One. Spicer had previously raised the issue in court in a separate lawsuit filed against West four months prior over the alleged copyright infringement.

The case against Conde Nast was heard in New York State Supreme Court and on Wednesday (10Dec14), officials ruled the sample was used without the proper permission.

However, a panel of judges dismissed Spicer's complaint, insisting the use of the track was newsworthy and did not serve as an advertisement for Vogue, according to The Hollywood Reporter.

Spicer's suit against West is still pending.