A ECJ-expert in Luxembourg in connection with the decades-long dispute between the power plant and Moses Pelham now to the conclusion: Sampling is only possible if the permission of the author.
A legal dispute that lasts about 20 years, could now be completed soon and become a precedent: in 1997, hip-hop producer Moses Pelham (including Rödelheim hard-rhyme project) has copied a rhythm from the power station title of “metal on metal” (1977) without permission and in an endless loop of the Song “Only me,” the rapper Sabrina Setlur.
Ralf Hütter, a founding member of the electropop-pioneers from Düsseldorf, complained. The case went on in Germany through all the instances until the Federal constitutional court in 2016, strengthened the freedom of artistic expression and by the Federal court of justice (BGH) has imposed a ban on the Setlur-tipped Songs. The Supreme court judge referred the case to the European court of justice (ECJ) in Luxembourg.
Basic Decision
There is a reviewer by the name of Maciej Szpunar, of his character, the advocate General at the ECJ has now strengthened, in turn, the copyright Position. The copy and the use of Parts of a phonogram in another song was to prohibit interference in the rights of the manufacturer and without his permission, so Szpunar in his assessment.
Turbines in 2017, live in Brighton
For the music industry, the armed signal, for Sampling (the Use of Clips from other pieces of music) in hip-hop and Rap an end-to-end style. According to Szpunars right-holders should be asked before Sampling for permission. This is not contrary to the freedom of artistic expression. The need for a Sample purchase a license, does not limit you to an extent, go beyond the ordinary constraints of the market.
The assessment of the evaluator is for the ECJ judges are not binding, they often follow her. A judgment is expected in the coming months.
pj/pg (dpa, afp)