'Metall auf Metall' – the German Federal Constitutional Court discusses the permissibility of sampling music tracks.

Mimler, M., 2017. 'Metall auf Metall' – the German Federal Constitutional Court discusses the permissibility of sampling music tracks. Queen Mary Journal of Intellectual Property, 7 (1), 119 - 127.

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DOI: 10.4337/qmjip.2017.01.06

Abstract

The German Federal Constitutional Court has delivered an important decision with regards to the permissibility of sampling which is widely used in hip hop and electronic music. With this decision, the Court ended a dispute that has been ongoing for almost 20 years. Furthermore, the Court has applied a fundamental rights discourse between the countervailing rights of the original authors and those of the new works using samples from the original works. The preceding courts found that sampling would constitute an infringement of the phonogram producer rights (Section 85 of the German Author’s Rights Act) where the samples could have been created independently. The German Constitutional Court, however, disagreed: By holding that sampling was a form of art protected by the fundamental right of artistic freedom and may outweigh the exploitation interest of the phonogram producer would only be impaired to a minimal extent by sampling

Item Type:Article
ISSN:2045-9815
Uncontrolled Keywords:copyright law; Germany; fundamental rights; freedom of arts; music; sampling
Group:Faculty of Media & Communication
ID Code:28669
Deposited By: Unnamed user with email symplectic@symplectic
Deposited On:04 May 2017 15:21
Last Modified:04 May 2017 15:21

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