Kraftwerk win long-running lawsuit for copyright infringement

Discussion in 'Industry News' started by Fudsey Plange, Aug 3, 2019.

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  2. mrfloyd

    mrfloyd Producer

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    Shame.
    Oh my... legal costs accumulated over 20 years... can those be paid off even if they give 100% revenue from that song to robots.
    Hopefully Sabrina's song will get additional sales out of this.
     
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  3. "[The] European Court of Justice returned its verdict, ruling that the sampling of a sound recording, even a very short sequence, must be regarded as a reproduction of the original work and therefore require clearance from the rights holders.

    "There are some important and, on the surface, seemingly contradictory exceptions to that ruling though, which could impact on future copyright infringement and sampling cases in Europe.

    "Significantly, the court states that in instances where a producer or artist samples a musical recording "in a modified form unrecognizable to the ear" it does not amount to a reproduction of the original work.

    "What that means in the case of Pelham and Haas versus Hütter and Schneider-Esleben is still to be determined, as that dispute now goes back to the German Federal Court of Justice to decide (in accordance with the European court's verdict), most likely after summer recess.

    "However, given that the two-second sample of "Metall auf Metall" is very clearly recognizable in "Nur Mir" and plays a key part in its clanging percussion track, it would be a major surprise if the German court did not rule in Kraftwerk's favor.

    "The European Court of Justice also found that the 'free use' exception part of German copyright law relied upon by Pelham in his defense is out of step with broader European laws."
    https://www.billboard.com/biz/artic...-court-rules-in-favor-of-kraftwerk-in-20-year
     
  4. korte1975

    korte1975 Guest

    can i sue Ed Sheeran because he used the same "C" note i was using ?
     
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  5. orbitbooster

    orbitbooster Producer

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    Yeah I understand that.
    Once I was sampling myself while pushing on the WC and I got a copyright infringement frome the Gut wrenching scream.
     
  6. lukehh

    lukehh Rock Star

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    A few years earlier 1982 Afrika Bambaata and the Sonic Force in their Titel "Planet Rock" also re-recorded or maybe sampled the lead melody of Kraftwerks "Trans Europa Express" (where "Metall auf Metall" is a part from) Kraftwerk also wanted to go to court because of it but in the end they did a out of court settlement and in the end Afrika Bambaata and Krafwerk agreed to devide the revenue 50:50.



     
    Last edited: Aug 3, 2019
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  7. Gyro Gearloose

    Gyro Gearloose Audiosexual

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    and with pelham it wasnt able to do out of court...see naidoo
     
  8. Gyro Gearloose

    Gyro Gearloose Audiosexual

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    isnt that great:no:
     
  9. lukehh

    lukehh Rock Star

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    This is not quite correct! In the end the EuGH gave it back to the german Bundesgerichtshof (BGH) so they have to decide again. They only made some comments on in which way sampling may be legal. But the whole thing is still complicated.

    Sorry no englisch sources
    https://www.heise.de/newsticker/meldung/Metall-auf-Metall-EuGH-staerkt-Sampling-4481599.html
    https://www.dw.com/de/kraftwerk-vs-moses-pelham-unentschieden-im-sampling-prozess/a-49788372
     
    Last edited: Aug 3, 2019
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  10. lukehh

    lukehh Rock Star

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    Maybe its because Moses Pelham is an idiot! As he more than once proofes with his behaviour! :)
     
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  11. lexeed

    lexeed Platinum Record

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    That's pretty cool of KW because they could easily won that case if they went to court. There's simply no mistaking that synth riff at all.
     
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  12. That's an original re-recording. As long as they pay their 9.5c for every new recording they produce, there's not a huge whole never no mind Kraftwerk could do about it. It's when you sample without permission, or copy without paying mechanicals, that you should get sued.

    All you have to do is ask.
     
  13. I'm reproducing the news I found on the internet. Tell BillBoard.
     
  14. lukehh

    lukehh Rock Star

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    It depends on the countrys copyright law. In 1982 Kraftwerk also could have forbit to sell the record at all if they would have wanted to. But as they are also good business men they made the 50:50 agreement.
     
  15. The Pirate

    The Pirate Audiosexual

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    Arthur Baker, the Planet Rock's producer, did not sample the melody nor the rhythm from Kraftwerk's Trans Euro Express,Numbers, Computer World. He reproduced these sounds with his and Joe Robbie's own synths, and a TR 808 he rented for $20.

    They agreed to divide publishing rights but Tommy Boy ended up paying damages many times of what it would have had to pay if they had negotiated beforehand. Luckily for Tommy Boy it was all about publishing. Contrary to what a lot of articles imply, the Master Recording was never involved because Kraftwerk was not sampled.
     
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  16. Zenarcist

    Zenarcist Audiosexual

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    The diatonic scale belongs to humankind, copywrite is extortion!
     
  17. phloopy

    phloopy Audiosexual

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    The whole song is build on that Kraftwerk groove - amazing it took so long time to figure that out :dunno::dunno::dunno::no::no::no::dunno::dunno::dunno:
     
  18. Say that when somebody else is making money out of a song you wrote.
     
  19. Nightmix

    Nightmix Kapellmeister

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    Sets a dangerous precedent...



    There are 13 parts.
     
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  20. Zenarcist

    Zenarcist Audiosexual

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    Good luck to them if people want to buy their music instead of mine. I had the advantage, because my music came first, so it means I must be doing something wrong.

    Imagine if somebody copywrited the alphabet, cooking ingredients, the primary colors, or items of clothing. We'd all be screwed! :)
     
    Last edited: Aug 3, 2019
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