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Kraftwerk Copyright Infringement Case Means Victory For Sampling

11/21/08, 11:02 am EST

Photo: Winter/Getty

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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Comments

jayd | 7/2/2009, 4:31 am EST

Suing for smapling is an outrage. If people cannot take the work of other artists, twist and use it to make something different, then culture is dead. All music is the sum or part sum of everything that has gone before it. There is no lost note or missing chord to be found.

That internationally acclaimed artists (well off ones at that) can sue other artists for creating art is abhorrent.

jayd | 7/2/2009, 4:31 am EST

Suing for smapling is an outrage. If people cannot take the work of other artists, twist and use it to make something different, then culture is dead. All music is the sum or part sum of everything that has gone before it. There is no lost note or missing chord to be found.

That internationally acclaimed artists (well off ones at that) can sue other artists for creating art is abhorrent.

Ben Challis | 11/21/2008, 2:28 pm EST

This story doesn’t really distinguish between sampling a sound recording - and sampling the ‘melody’ behind the sound recording - the underlying composition This is all about the ‘melody’ I think - the notes that make up the melody (or the song) as far as I can see - and there dont seem to be many notes here - its only two seconds! After a case involving the Beastie Boys it seems that where a ‘melody’ is sampled the use must be substantial - or perhaps at least recognisable (Newton v Diamond). In the UK though it was held that four notes WERE recognisable and so protected by copyright. BUT - as US law stands, ANY use of the actual sound recording will infringe copyright. As a judge did say - if you want to sample - get a licence!

Anonymous | 11/21/2008, 1:11 pm EST

While I probably wouldn’t get upset if two seconds of one of my songs was sampled, if someone used a significant piece of musical composition to for the basis for a new song, I would expect to be paid for it.

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