Page last updated at 18:17 GMT, Thursday, 20 November 2008

Kraftwerk sample case overturned

Kraftwerk's 1977 song Metal on Metal was sampled 20 years later

A court in Germany has told electronic band Kraftwerk that a producer who sampled one of their songs was not violating copyright.

The ruling overturns an earlier decision against Moses Pelham's use of a short sample from Metal on Metal.

Judges in Berlin said the two second extract did not infringe copyright, as his song was substantially different.

The move will come as a blow to artists who object to rivals using samples of their work to create new songs.

Kraftwerk's case was originally heard in a state court in Hamburg.

It ruled in Kraftwerk's favour and said reusing even the shortest bit of a song infringed copyright.

In light of today's ruling, the Hamburg court will now have to take up the case again.

The Kraftwerk sample appeared in the rhythm section of a song Pelham produced for German rapper Sabrina Setlur in 1997.

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