Kraftwerk Copywronged!
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Germany's highest civil court has dealt Kraftwerk a blow in ruling that sampling music does not in principle violate copyright.
Today's decision overturns an earlier ruling in Kraftwerk's favor that said reusing even the
shortest bit of a song infringed on copyright.
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.
