Published Nov 21, 2008Kraftwerks Ralf and Florian are likely a bit grumpier than usual today after being dealt a legal blow stating unsanctioned sampling doesnt necessarily violate copyright laws.
The decision by Germanys highest civil court Thursday (November 20) overturns a previous state ruling in the electronic pioneers favour that said no matter how small the sample, the act is illegal. The lower state court will now have to take the case up again.
In the new civil ruling, however, the court said that, unless cleared, the sample must not contain the melody to the original song and insisted that the sample had to be part of a totally new musical work bearing no resemblance to the original, the Associated Press reports.
Kraftwerk originally sued German rap producer Moses Pelham because he took a two-second sample from the groups 1977 song "Metal on Metal and transformed it into part of the rhythm track of Sabrina Setlurs 1997 track "Nur Mir.
There is no word yet whether Justice have heard about this court decision, but were betting they are having quite the opposite reaction to Ralf and Florians.
Sabrina Setlur "Nur mir