Prior to this judgment, the German Rap had trembled-Community: Yesterday, Monday the European court of justice (ECJ) decided, with headquarters in Luxembourg is now 22 years old (!) of dispute between the cult band Kraftwerk and Hip-Hop producer Moses Pelham (48). The Techno-pioneers, had filed a complaint against Pelham, because he had used in his of Sabrina Setlur (45)-sung Track “Only me” from 1997, and a two-second-long sequence from the power-piece “metal on metal”.

Specifically, it went to the crucial question: to that person in the Hip-Hop widely used Sampling technique in violation of copyright and license law, and is Hip-Hop at the core, is an illegal tinkering of the thieves of intellectual property?

action flood would have threatened

The decision in Luxembourg is, in principle, in favour of Pelham, the top EU judges to save the Rap. While Sampling constitutes an interference in the rights of the phonogram producer, if it successes, without the latter’s consent, tell the judge. The use of an Audio Fragment in a modified, when Listening to non-recognizable Form, however, is the violation without consent, no Right.

Would have decided to judge in favor of the power plant, this would have triggered a Europe-wide flood of millions of lawsuits against the Rap producers. The Rap Genre is without the Sampling technology, it is not conceivable, it makes up a significant part of the appeal.

James Brown as a darling of the Sampler

As the most-sampled musicians ever, is often called the Soul king James Brown (1933-2006), as a Sampling-founder is Hip-Hop pioneer Afrika Bambaataa (62), since 1970. Scene, such as Run DMC, Beastie Boys or Public Enemy, the art inert sizes in the Golden 1980s. At the beginning of the 1990s, Rap and Sampling were participating in Europe to be a serious issue.

in 1998 took place the first negotiation between the power plant and Pelham, 2004, the first sentence was spoken. In 2016, the German Federal constitutional court decided the case of plant vs. Pelham already in the sense of the freedom of art, of yesterday’s court decision supports the lower court.