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Music

Kraftwerk Lose Two-Decade Long Copyright Case in German Court

Sabrina Setlur​'s 1997 single "Nur Mir​" contains the contested sample of Kraftwerk's "Metal on Metal."
Photo courtesy of Wikipedia commons

Iconic German electronic group, Kraftwerk, has lost a case in Germany's highest court pertaining to a two-second sample of one of their songs. As reported by the BBC, the sample at the center of the lawsuit is a brief percussive figure from the group's 1977 song "Metal on Metal," as used in German rapper and songwriter Sabrina Setlur's 1997 single "Nur Mir," produced by hip-hop artist Moses Pelham. Founding member and leader of the group, Ralf Hutter had previously challenged Pelham on the basis of intellectual property rights following the release of the song.

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Today's outcome reverses the German Federal Court of Justice's 2012 ruling in support of Kraftwerk, where they won backing for damages and an injunction over "Nur Mir," reports the AFP. As a result of the new verdict, Germany's Constitutional Court has sent the case back to federal court for reassessment.

The court argued that if the impact on the intellectual property owner—in this case, Kraftwerk—is "negligible, then artistic freedom overrides the interest of the owner of the copyright."

In March, we caught up with former Kraftwerk member Karl Bartos to talk about how he went from playing in a rock n' roll cover band to joining the German troupe. While we're on the subject, have you ever wondered what a six-year-old covering their 1978 tune "The Robots" would sound like?

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