Abstract
Pelham et al v Hütter et al, I ZR 115/16, 30 April 2020 The German Federal Court of Justice has applied the principles on sampling established by the Court of Justice of the European Union (CJEU) in Pelham, Case C-476/17, EU:C:2019:624 and stated that a 2-second sampling of a rhythm sequence from Kraftwerk’s song ‘Metall auf Metall’ prior to 22 December 2002 might have been ‘free use’, while, after 22 December 2002, it might constitute an infringement of the phonogram producer’s rights pursuant to the InfoSoc Directive 2001/29. The plaintiffs are members of the music group Kraftwerk. They released a phonogram in 1977, including the song ‘Metall auf Metall’. Two of the defendants composed the song ‘Nur mir’ (‘Only me’), which was released by the third defendant on phonograms in 1997. The defendants had electronically copied (‘sampled’) 2 seconds of a rhythm sequence from the...
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