Bundesgerichtshof rules on Kraftwerk sampling dispute

The German Federal Court of Justice (BGH) has issued a ruling in a nearly 30-year legal battle regarding music sampling between the electronic band Kraftwerk and hip-hop producer Moses Pelham. The dispute centered on a two-second rhythmic sequence from Kraftwerk’s 1977 track ‘Metall auf Metall,’ which Pelham used in a looped format for the 1997 song ‘Nur mir’ featuring Sabrina Setlur.

The BGH ruled that the use of the sample is permissible as a ‘pastiche’ under German law, following a 2021 legislative change that implemented EU regulations. The court noted that the transition of the sequence from electronic music to the hip-hop genre constitutes an ‘artistic and creative dialogue.’

While the ruling provides a partial victory for Pelham, the court clarified that this does not grant a general license for all sampling. The decision hinges on whether the elements taken are recognizable to those familiar with the original work and whether the use qualifies as a pastiche, parody, or caricature. The case, which has spanned multiple high courts including the European Court of Justice, is seen as a landmark decision for copyright law in the digital age.