More clarity for sample use

According to the BVMI, the court states, among other things, that the phonogram producer's right in this context is entirely in line with the EU Charter of Fundamental Rights and the Copyright Directive and that sampling can constitute an infringement if it is carried out without consent. According to the ECJ, sampling can only fall under artistic freedom if the sampled audio fragment has been altered and is not recognizable when listened to. Musical quotations, on the other hand, are only permissible if there is an explicit artistic examination of the quoted work.

The ruling relates to the legal dispute between the group Kraftwerk and music producer Moses Pelham, which has now been going on for around 20 years. In 1997, the latter had used a striking rhythmic sequence from the Kraftwerk song "Metall auf Metall" for a track sung by Sabrina Setlur. Over the past two decades, several courts, including the Federal Court of Justice twice, had ruled in Kraftwerk's favor until the Federal Constitutional Court overturned the rulings in 2016 as unconstitutional and referred them back to the Federal Court of Justice, in particular with regard to doubts about compatibility with EU fundamental rights. The BGH then referred the case to the ECJ for review.