Permissible Pastiche in Pelham II: A proposed response
…time. We refer to none other than Pelham GmbH et al (Case C-590/23) (hereinafter “Pelham II“). It all began in 1999 when electronic music duo Kraftwerk sued Moses Pelham, a…
Search Results for: kraftwerk
Generative AI: Remunerating the human author & the limits of a narrow TDM Exception
…unexpected outcomes. Sampling of music is a case in point. In the landmark Pelham case, Sabrina Seltur’s use of a two-second sample from Kraftwerk’s classic electric music work, ‘Metall auf…
Creative reuse online: How can all forms of creativity be supported?
…authorship. Practical reflections for a creative reuse framework This section applies a broader construct of consent to a Pelham-based factual scenario. In this case, the band Kraftwerk alleged copyright…
The next chapter in the “Metall auf Metall” saga – Pastiche to be clarified by the CJEU
…both the German electronic music pioneers Kraftwerk and the German rapper/music producer Moses Pelham (and certainly their legal teams) must feel the Sisyphean ordeal of seemingly endless challenges. When the…
The Pastiche in Copyright Law – Towards a European Right to Remix
…pastiche provision is likely to prove central to one of EU copyright law’s most long-standing disputes, that between iconic German electronic music band Kraftwerk and German Hip-Hop producer Moses Pelham….
The end of a legal franchise – The German BGH concludes the sampling saga in Metall auf Metall IV
…Pelham had argued that he should be allowed, without prior authorization, to use a two-second rhythm sequence he had taken from Kraftwerk’s ‘Metall auf Metall’. Kraftwerk had argued that unauthorized…
German Federal Supreme Court defends press freedom in two high-profile copyright cases, no resolution of sampling dispute
…perhaps most prominent case, which pitted the 70s electronic band Kraftwerk against German hip-hop producer Moses Pelham, the German Federal Supreme Court ruling did not lead to a decision on…
Case Law, CJEU, Digital Single Market, Enforcement, European Union, Exceptions and Limitations, Germany, Infringement, Legislative process, Liability, Netherlands, Originality, Press Publishers ’ Right, Text and Data Mining (TDM)
Top 10 posts on the Kluwer Copyright Blog in 2018
…Kraftwerk, electronic music pioneers, against Moses Pelham, a music producer, over a two-second sample dated from 1977. The main subject of the three legal proceedings concerned the extraction of a…
AG Opinion, Case Law, CJEU, European Union, Exceptions and Limitations, Germany, Infringement, Reproduction (right of)
Thou shalt not sample… without permission!
…Facts and Questions The facts of the case have been previously discussed in this blog. In essence, in 1977 the band Kraftwerk published a phonogram featuring the song Metall auf…
The Art of Sampling in the Metall auf Metall case: a new form of artistic expression or mere infringement of copyright and related rights?
…claim of the members of Kraftwerk, electronic music pioneers, against Moses Pelham, a music producer, over a two-second sample dated from 1977. The main subject of the three legal proceedings…