Theft or Inspiration? For more than 20 years, the electric argue pioneers with a music producer
Moses Pelham. Now, the ECJ gave the Rapper right. He is allowed to sample the out-of-context Beat without consent.
Why deal with multiple lawyers, experts and courts for the two seconds of music? Of course, it’s not the length, but the principle of: The power station-the musician in your copyright rights have been violated. The hip-hop producer Moses Pelham had copied in 1997 Tonschnipsel the electro pioneers for the Song “Only me,” the rapper Sabrina Setlur and as a background rhythm in an endless loop of the ATO. Can he do that? He may, ruled now by the European court of justice (ECJ).
Copyright or artistic freedom?
In the eyes of the power plant, the created Sounds are your property, no matter what the length. Only you may use it, unless it agrees with another musician on a license agreement, as often in the band’s history happened. Producer Moses Pelham is a quite different view: He does not consider Sampling only for legal, but the technology was not a part of Hip-hop.
Instance for instance: music producer Moses Pelham, 2015 at the Federal constitutional court in Karlsruhe
In the specific case of music, the sequence of the power plant was a fight-song “metal on metal” from 1977. In principle, the ECJ gave the electric pioneers of law: The use of music excerpts requires the consent of the composer. Are these changed to such a degree, and “when you Hear not recognizable”, is the art of freedom higher. In other words: producer Moses Pelham power plant has not been cited, but this new music is created. Also if this is a generally positive judgment with regard to the Sampling technique, as will be claried in each individual case, where a music quote ends, and where creation begins.
In the case of power plant against Pelham, the legal ping-pong game goes on. Since 1998, the dispute, through all the instances: district court, appellate court, Federal court, Federal constitutional court and now the European court of justice running. The final decision will now meet again in the Federal court. He will take into account the decision of the ECJ.
woy/ka (afp/epd/dpa)