It was brought to my attention that the German high court decision on copyright and music sampling I had previously blogged on here received a fresh English translation that is now available online. (Thanks Tom Braegelmann!) It provides a highly detailed and careful exposition of the legal situation in Germany concerning music sampling and copyright law. As explained in the translators’ note:
Freie BenutzungFreie Benutzung
The Kraftwerk Decision mirrors, in many ways, the Bridgeport Music, Inc. v. Dimension Films case decided by the Sixth Circuit in 2005. Both cases dealt with the issue of music sampling of sound recordings and a determination of how much of a sound recording must be used to constitute infringement. Both courts held that the quality or quantity of sampled material is irrelevant in the determination of whether there has been an infringement of a party’s exclusive right to reproduce and distribute their sound recording. Both courts ultimately held that if it is proven that any part of a protected sound recording has been copied without permission, then infringement has occurred (although the Bridgeport decision did not determine whether a “fair use” defense might apply in such a case). The courts, therefore, came to the same conclusion. Interestingly, however, the law that the Sixth Circuit and the German Federal Supreme Court used to come to their conclusions is quite different.