.

Kraftwerk Copyright Infringement Case Means Victory For Sampling

November 21, 2008 11:02 AM ET

The highest German civil court overturned a decision that Kraftwerk had their copyright infringed by a rap producer who used two seconds of the band's music as a sample. In the new ruling, sampling music does not count as a copyright violation, which completely negates the previous court's ruling that even the shortest bit of music was a violation. The court that previously said the Krautrock legends were infringed will now take up the case again. The case was brought to court after German rap producer Moses Pelham used two seconds of Kraftwerk's "Metal On Metal" in the rhythm section of Sabrina Setlur's "Nur Mir." As one of the most influential electronic bands, Kraftwerk are frequently sampled, including lending the riff to their "Computer Love" to Coldplay's X&Y track "Talk." The ruling sets an excellent precedent on the international stage in defense of sampling. Hip-hop producers and mash-up artists like Girl Talk maintain that sampling falls under the category of "fair use," so this can be considered a victory in their favor.

Related Stories:
Lil Wayne Sued By Rolling Stones Publisher Over "Playing With Fire"
Legal Ticker: R. Kelly, Chris Brown Have Their Day in Court
The Knack Sue Run-DMC Over "It's Tricky"

To read the new issue of Rolling Stone online, plus the entire RS archive: Click Here

prev
Music Main Next
Daily Newsletter

Get the latest RS news in your inbox.

Sign up to receive the Rolling Stone newsletter and special offers from RS and its
marketing partners.

X

We may use your e-mail address to send you the newsletter and offers that may interest you, on behalf of Rolling Stone and its partners. For more information please read our Privacy Policy.

Song Stories

“Promiscuous”

Nelly Furtado with Timbaland | 2006

This club-oriented single featuring Timbaland, who produced Nelly Furtado's third album, Loose, was Furtado’s sexy return after the Canadian singer's exploration of her Portuguese heritage on Folklore. "In the studio, initially I didn’t know if I could do it, 'cause Timbaland wrote that chorus," Furtado said. "I'm like, 'That's cool, but I don't know if I'm ready to do full-out club.'" The flirty lyrics are a dance between a guy and girl, each knowing they will end up in bed together but still playing the game. "Tim and I called it 'The BlackBerry Song,' she said, "because everything we say in the song you could text-message to somebody."

More Song Stories entries »
 
www.expandtheroom.com