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Tag Archives: sampling

Posted in Copyright Photo of Patrick FromlowitzPhoto of Benedikt Lüthge

20-year legal dispute over two seconds of music: CJEU on the never-ending sampling story

German courts have been dealing with the Metall auf Metall [song by the German band Kraftwerk] case for two decades. Recently, the CJEU, too, has had to deal with the case and ruled by judgment of 29 July 2019 (C-476/17) that unless the phonogram producer consents, sampling constitutes an infringement of his rights. However, the CJEU argued, if, by modifying the sample, it can be ruled out that the content is recognizable, there is no infringement of rights. Background The Plaintiffs are members of the band Kraftwerk, which, in 1977,