German Court Rules Kraftwerk Sample as Permissible Pastiche
On [date], Germany's Federal Court of Justice (BGH) declared that Moses Pelham's use of a two-second sample from Kraftwerk's "Metall auf Metall" is allowed under the 'pastiche' exception in German law. This decision upholds a previous ruling by the Higher Regional Court (OLG) in Hamburg and represents a partial win for Pelham in a legal dispute that has been ongoing since 1999. The BGH, under the leadership of judge Thomas Koch, determined that the sample meets the criteria for a pastiche, stating that the intent of the creators is not a factor. Additionally, the ruling clarifies the limits of sampling according to EU copyright law after June 7, 2021. A constitutional complaint concerning the years 2002-2021 is still pending, with a verdict anticipated by 2026.
Key facts
- BGH ruled that sampling a two-second sequence from Kraftwerk's 'Metall auf Metall' is permissible as pastiche.
- The ruling was made by the First Civil Senate, led by presiding judge Thomas Koch.
- The decision confirms a prior OLG Hamburg judgment.
- The pastiche exception was introduced into German law in 2021 following EU law.
- The case has been ongoing since 1999, involving multiple courts including the BGH, EuGH, and Federal Constitutional Court.
- The court found that the sample was recognizable and transformed into a different genre (hip-hop), constituting a creative dialogue.
- The ruling applies to the period after June 7, 2021; damages for the earlier period (approx. 18.5 years) were not under review.
- A constitutional complaint regarding the period 2002-2021 is still pending, with a decision expected by 2026.
Entities
Artists
- Moses Pelham
- Kraftwerk
- Ralf Hütter
- Florian Schneider
- Xavier Naidoo
Institutions
- Federal Court of Justice (BGH)
- Higher Regional Court (OLG) Hamburg
- European Court of Justice (EuGH)
- Federal Constitutional Court
- Bundesgerichtshof
- Kraftwerk
- German Federal Court of Justice
- European Court of Justice
- European Union
Locations
- Karlsruhe
- Hamburg
- Germany
- Mannheim
- Europe