Kraftwerk lost a copyright lawsuit they filed against a producer yesterday, after the German high court ruled that as long as samples are used to create a new song that doesn’t sound anything like the original, they fall under fair use.
Kraftwerk sued rap producer Moses Pelham for using a short sample of their 1977 song “Metal on Metal” in a track he produced for Sabrina Setlur, and the German courts originally found in Krafwerk’s favor as they said that any sample in any song is considered copyright infringement.
The court overturned it’s ruling to follow the principles of fair use, and bounced the case down to civil court, where Kraftwerk will fight for a piece of profits from Setlur’s song. [NME]
