Kraftwerk Lose 30-Year EU Copyright Battle Over Sample

The European Court of Justice ruled on April 14 that sampling can qualify as a 'pastiche' if the new work is 'notably different' and engages in 'artistic or creative dialogue' with the original. This ends a three-decade legal battle between Kraftwerk and German rapper Sabrina Setlur over a two-second sample from 'Metall auf Metall' used in her 1997 track 'Nur Mir'. The case, initiated by Ralf Hütter and the late Florian Schneider in the late 1990s, had been referred multiple times to the CJEU. A 2019 ruling had held that recognizable samples could infringe copyright unless transformed beyond identification. The new decision effectively confirms that producers Moses Pelham and Martin Haas' use falls under the pastiche exception. Kraftwerk's 'Multimedia' UK and Ireland tour begins May 17 in Dublin, including three London dates at Royal Albert Hall (June 4-6), ending June 9 in Edinburgh. The group also announced a 50th anniversary re-release of 'Radio-Activity' on May 15.