Sampling KRAFTWERK - a law case

[JoshuaPhilgarlic]

Just read this at german periodical site spiegel.de http://www.spiegel.de/kultur/musik/bund ... 64607.html . I'll try to translate it in short:

It's just a 2 second long rhythm, but it keeps courts busy for a decade now: on one side are the musical pioneers Kraftwerk, who created that sequence in 1977 in their song "Metall auf Metall"; the other side is HipHop producer Moses Pelham with his singer Sabrina Setlur, who used the loop in their song "Nur mir".

The dispute is fundamental: Is it allowed to use small samples of other people's music without permission?

This question passed the entire legal process twice in Germany so far, but now Moses Pelham appealed Germany's highest court, the "Bundesverfassungsgericht" (Federal Constitutional Court). Visually the counterparts couldn't be more different: The massive producer Pelham, full beard, horn-rims, glossy bald head and tailor-made black suit. To the other corner Kraftwerk's slim Ralf Hütter, totally retro, wearing an extra long jacket and stiff side parting.

Hütter is disgusted about Pelham's self-service: 40 years ago, without digital technology, just with analog tapes, Hütter and his co-students "used all their energy" to create this "sound-composition". 20 years later he had to hear his "own music" on MTV in a totally different song and he was shocked. "The 7th Commandments says: Thou shalt not steal".

For Pelham instead, it's "part of the art" to "deal with other art" - especially in HipHop: it's essential to use elements of other songs. In the present case it was accidental: he just searched his archive for a cold contrast to Sabrina's voice and thought that it's the right one.

"Without asking the author?" asked the judge. "I thought it's common and legal, "said Pelham, "If not, HipHop Wouldn't be possible."

Imitating the sequence - which would solve the legal issue - is no option for HipHop, as Pelhams's lawyer Andreas Walter says. They want "the original". Volker Tripp of "Verein Digitale Gesellschaft" (Association of Digital Society) agrees: Musicians like Pelham try to refer to aura, spirit and energy of a certain era."

Worship for the original might be minor in the present case: Pelham's lawyers had doubts that the sequence was origin of Kraftwerk, says Kraftwerk-lawyer Ulrike Hütter-Neumann. "It was definitely no tribute".

Anyway, it seems to be not too unusual to ask before using other's creations - and make a deal.

"There are "different legal ways" says Florian Sitzmann, professor at Pop-Akademie Baden-Württemberg, but "Source-Clearing" is "basically possible", even though it may "hinder the creative process" and "waste a lot of energy". He knows of a current production where "the lawyer sits next to the Rapper in the studio" to decide if it's alienate enough or needs 3rd party clearance.

For René Houareau of "Bundesverband Musikindustrie" (Federation of Music Business) it's "established and usual" to clear these issues: many companies have their own departments for this, and even YouTube is generally cleared: "small artists" may try - but when it's commercial it looks totally different.

Financial interests aren't half bad: about 23% of Kraftwerk earnings in the last 15 years depend on four popular samples, says Hütter-Neumann. Pelham finally offered a license fee of 17.500 €. But Kraftwerk didn't come around after all what happened so far.

When federal judge Andreas Paulus asked just basically, if licensing samples could "choke the Beatles of the 21st century", Ralf Hütter answered: "The Beatles are known for making their own music".

The sentence is expected 2016.

[eusti]

Cool. Thanks for the translation! Came across this earlier today... What's your opinion about this?

D.

[Jagwah]

I don't understand why the case has been going for a decade. He admittedly used their sample and profited from it, what's left to ponder?

Also, why would people care what clothes they are wearing, god I can't stand media like this, get to the point dammit! : D

[Jagwah]

Hip is absolutely about using samples from other music, but to play dumb and act as if one thought it's cool to do that without licensing or even crediting the original producer is beyond stupid.

[JoshuaPhilgarlic]

Cool. Thanks for the translation! Came across this earlier today... What's your opinion about this?

D.

I'm totally with Kraftwerk.

And I hate HipHop. But I respect people who produce HipHop. But this guy is definitely doing a disservice to all producers and fans of the whole genre!

[eusti]

I'm totally with Kraftwerk.

And I hate HipHop. But I respect people who produce HipHop. But this guy is definitely doing a disservice to all producers and fans of the whole genre!

I hear you! Thanks for sharing your opinion!

D.