Kraftwerk Copyright Infringement Case Means Victory For Sampling

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.

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Song Stories

“Smells Like Teen Spirit”

Nirvana | 1991

"Smells Like Teen Spirit," named after a brand of deodorant marketed to girls, was Kurt Cobain's attempt to "write the ultimate pop song," he said, using the soft-loud dynamic of his favorite band, the Pixies. Cobain "had that dichotomy of punk rage and alienation," the song’s producer, Butch Vig, told Rolling Stone, "but also this vulnerable pop sensibility. In 'Teen Spirit,' a lot of that vulnerability is in the tone of his voice." Sadly, by the time of Nirvana's last U.S. tour, in late '93, Cobain was tortured by the obligation to play "Teen Spirit" every night. "There are many other songs that I have written that are as good, if not better," he claimed.

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