Kraftwerk Case Kaput
Germany’s highest civil court has made the decree that sampling music does not violate copyright, at least in principle. The big loser is Kraftwerk.
Germany’s veteran electronic band sued German rap producer Moses Pelham for using a two-second sample of “Metal on Metal,” a 1977 Kraftwerk track, in the Sabrina Setlur’s 1997 tune “Nur Mir.”
Photo: AP Photo
Electro pioneers Kraftwerk perform at the 39th Montreux Jazz Festival in Switzerland.
A Hamburg state court ruled in Kraftwerk’s favor that said reusing even the shortest bit of a song infringed on copyright. Thursday’s decision overturned the ruling.
The ruling forbids the sampling of a song melody (which means there may not be any German versions of Girl Talk any time soon) and insists that the sample must be part of a completely new musical work bearing no resemblance to the original.
Now it’s back to the Hamburg court for appeal.
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