Theft or Inspiration? For the past 20 years, the electric argue pioneers with a music producer
Moses Pelham – in all instances. Now, the ECJ decided: Who samples, you must ask. Almost always.
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 of 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? With this question, the European court of justice (ECJ) dealt now. The answer: The thing is complicated.
Basically, it is needed according to the ECJ, always with the consent of the author. So it looks a plant: In your eyes you create with the Sounds and rhythms are their property, no matter what the length. Therefore, only you may use it, unless it agrees with another musician on a license agreement, as often in the band’s history happened.
Copyright or artistic freedom?
But what about now, if the music sequence was changed during Sampling strongly? The judgment of the ECJ: Is the sequence “when Listening is not recognizable”, it is not a quote of the source plant, but to the freedom of art. As a music producer argues Moses Pelham: 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
Who is in the right? Had been used by Moses Pelham, a music sequence of the Kraftwerk-song “metal on metal” from 1977. Whether this controversial two seconds the Beat for the hip-hop Song “Only me”, have been so greatly changed, that the original Kraftwerk Sound is no longer recognizable, it must advise the Federal court of justice (BHG).
While this decision is still pending, see the two parties as the winner. Moses Pelham and his lawyers languages for a long-awaited legal certainty for Sampling. “Much of the pop music – just the 1990s would be complete without Sampling as a Form of artistic confrontation with other works not at all conceivable. The decision is an important
Strengthening of the freedom of art,” says Pelham. As a winner of a stage Kraftwerk feel but. “We are very confident that the Supreme court decides in our favor,” said attorney Hermann Lindhorst.
It is not only a more than 20-year legal dispute between the musicians – the decision is of fundamental importance for the music industry. Finally, the technique of sampling in hip-hop and Rap is everywhere.
woy/ka (afp/epd/dpa)