Federal Court of Justice Ruling – Sampling Dispute Over Kraftwerk Beat Resolved

September 3, 2026

A two-second sound sequence by the cult band Kraftwerk—reused in a hip-hop song—has occupied the legal system for more than a quarter of a century. The Federal Court of Justice has now resolved a major point of contention.

A brief musical snippet lasting just two seconds has kept the courts busy for 27 years. At issue is a rhythmic sequence from the song "Metall auf Metall" by the Düsseldorf-based cult band Kraftwerk. In 1997, Frankfurt-based rapper and music producer Moses Pelham incorporated a slightly modified version of this short musical piece into a song he was producing for Sabrina Setlur. Legal battles have raged ever since over whether this type of sampling is permissible. The case has previously come before the Federal Court of Justice (BGH), the Federal Constitutional Court (BVerfG), and the European Court of Justice (ECJ) in Luxembourg.

Use as a "pastiche" permitted: In April, the ECJ significantly lowered the hurdles for sampling. It permits the practice when the usage constitutes a so-called "pastiche"—that is, a recognizable use of another person's work to engage in an artistic dialogue. Based on this precedent, the BGH has now revisited the long-standing "Kraftwerk vs. Pelham" dispute and ruled that Pelham's sampling was permissible.

According to Presiding Judge Thomas Koch, the decisive factor in this assessment is whether those familiar with the original work can recognize the extraction of specific elements—which, in this case, they could. It is irrelevant whether the creators of the new work originally intended this.

Furthermore, Koch noted that the sound sequence had been transferred from the realm of electronic music into a different genre—hip-hop—thereby constituting an artistic and creative dialogue. Constitutional complaint still pending. The ruling is significant beyond the scope of this historic case. For music producers, justifying sampling will likely be easier in many instances from now on. However, the matter is not yet fully resolved; a constitutional complaint remains pending which, according to the Federal Constitutional Court, covers the period from 2002 to 2021. A decision on this is expected later this year. Reporting by Ulla Weitzl, ARD Legal Editorial Team.

www.tagesschau.de/kultur/bgh-urteil-sampling-kraftwerk-100.html

 

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