RP) is one of the most exciting questions in the music industry: Is sampling, the use of Tonfetzen other artists for his own music, allowed? The procedure has been for decades artistic practice, genres such as hip-hop and techno music are unthinkable without the quotes. However, the legal situation so far unclear. Copyrights are violated? And if so, when? And what does it cost?
The Federal Court had yesterday the possibility of a contemporary principle judgment. He negotiated the plea of Duesseldorf electronic pioneers Kraftwerk, whose work is most often comforted as the popular music can describe. It is the band to the song "Only me," the female rapper Sabrina Setlur. My producer Moses Pelham used for 1997 two strokes from the power-play "Metal on Metal" by 1977. Kraftwerk decided nine years ago, Pelham the use of two second-long sequence to prohibit.
The ruling initially sounds, as the judges facilitated the sampling. Sampling is generally admissible, it is said that even without the consent of the author. But there are two crucial conditions: It must be an independent plant which is clearly distinguished from the original sequence differs. And if we quoted tones to restoring themselves, it must do the artist and may not use the original. Whether Pelham his song from the market or pay royalties power, however, remains open - the Supreme Court dismissed the proceedings at the Hamburg Higher Regional back. There must be examined, who according to the new principles in the law.
The verdict of the Supreme Court creates no clarity. According time would have been to the judges would have the sampling released. Perhaps with the restriction that the artist citing evidence of the original leads - such as in the CD booklet. The digitization of music today allows anyone with the right software nearly every piece of music nachzuspielen. But it goes mostly to cite Ideenklau to less than a homage to tradition and care. The quoted benefit - the continuing power of fame is based largely on the use of their old material in new songs younger artists.
The Federal Court had yesterday the possibility of a contemporary principle judgment. He negotiated the plea of Duesseldorf electronic pioneers Kraftwerk, whose work is most often comforted as the popular music can describe. It is the band to the song "Only me," the female rapper Sabrina Setlur. My producer Moses Pelham used for 1997 two strokes from the power-play "Metal on Metal" by 1977. Kraftwerk decided nine years ago, Pelham the use of two second-long sequence to prohibit.
The ruling initially sounds, as the judges facilitated the sampling. Sampling is generally admissible, it is said that even without the consent of the author. But there are two crucial conditions: It must be an independent plant which is clearly distinguished from the original sequence differs. And if we quoted tones to restoring themselves, it must do the artist and may not use the original. Whether Pelham his song from the market or pay royalties power, however, remains open - the Supreme Court dismissed the proceedings at the Hamburg Higher Regional back. There must be examined, who according to the new principles in the law.
The verdict of the Supreme Court creates no clarity. According time would have been to the judges would have the sampling released. Perhaps with the restriction that the artist citing evidence of the original leads - such as in the CD booklet. The digitization of music today allows anyone with the right software nearly every piece of music nachzuspielen. But it goes mostly to cite Ideenklau to less than a homage to tradition and care. The quoted benefit - the continuing power of fame is based largely on the use of their old material in new songs younger artists.
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