Germany's highest civil court has dealt Kraftwerk a blow in ruling that sampling music does not in principle violate copyright.
Today's (Nov. 20) decision overturns a Hamburg state court ruling in Kraftwerk's favor that said reusing even the shortest bit of a song infringed on copyright. The Hamburg court will now have to take up the case again.
The civil court ruling, however, forbids sampling of a song melody and insists that the sample must be part of a completely new musical work bearing no resemblance to the original.
Kraftwerk had sued German rap producer Moses Pelham for using a two-second sample from their 1977 track "Metal on Metal" in the rhythm sequence in the song "Nur Mir" by Sabrina Setlur that appeared in 1997.
Copyright 2008 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Today's (Nov. 20) decision overturns a Hamburg state court ruling in Kraftwerk's favor that said reusing even the shortest bit of a song infringed on copyright. The Hamburg court will now have to take up the case again.
The civil court ruling, however, forbids sampling of a song melody and insists that the sample must be part of a completely new musical work bearing no resemblance to the original.
Kraftwerk had sued German rap producer Moses Pelham for using a two-second sample from their 1977 track "Metal on Metal" in the rhythm sequence in the song "Nur Mir" by Sabrina Setlur that appeared in 1997.
Copyright 2008 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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