German electronic pioneers, Kraftwerk have been dealt a blow by Germany's highest civil court, in a lawsuit to determine whether artists should have the right to sample other bands' music without infringing on copyright.
The ruling, issued yesterday (20th November), overturns an earlier decision made by Hamburg state court that ruled in Kraftwerk’s favour and said that reusing even the shortest bit of a song infringed on copyright.
Nevertheless the high court sees sampling still as some form of copyright infringement if the newly created piece of music isn’t a completely new musical work bearing no resemblance to the original.
In light of the ruling, Hamburg state court will now have to take up the case again.
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.
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