New guidelines for sampling
The highest European court has created new guidelines for sampling in a legal dispute between the band Kraftwerk and the music producer Moses Pelham.
According to a report by the New Music Newspaper the European Court of Justice (ECJ) has ruled that sampling may be permissible under certain conditions without the permission of the rights holder. However, a final ruling in the specific case is still pending.
The ECJ focuses primarily on so-called pastiches. These are uses that «are reminiscent of an existing work, but at the same time have perceptible differences. In addition, they must engage in a recognizable artistic or creative dialogue with the work». This dialog can take various forms, such as the open imitation of a style, an homage or a humorous confrontation.
At the center of the controversy was a two-second sequence that Pelham took from the Kraftwerk track «Metall auf Metall» (1977) without the music group's prior consent and used in a slightly modified version in his own song. Because the use of such samples from older songs is a common practice in the music industry, the dispute has a signal effect for the entire industry.
Original article:
https://www.nmz.de/politik-szene/musikwirtschaft/wie-weiter-im-streit-um-kraftwerk-beat-eugh-setzt-massstaebe
