skip to main content
Close Icon We use cookies to improve your website experience.  To learn about our use of cookies and how you can manage your cookie settings, please see our Cookie Policy.  By continuing to use the website, you consent to our use of cookies.
Global Search Configuration

Introduction

The European Court of Justice has published the reasons for its ruling in the long-running Kraftwerk sampling case.

Highlights

  • The case was originally filed in 1999 and made its way from the Landgericht (Regional Court) in Hamburg to the Oberlandesgericht (Higher Regional Court), then the Bundesgerichtshof (German Federal Court of Justice) and then back to the Oberlandesgericht. The case then made its way to the Bundesgerichtshof for a second time.

Features and Benefits

  • Explains why the ECJ made its ruling in the long-running Kraftwerk case.
  • Examines each of the six questions referred to the ECJ by the Bundesgerichtshof.

Key questions answered

  • When is a music sample considered to be copyright-infringing?
  • When can a music sample be used that does not infringe copyrights?

Table of contents

Ovum view

  • Summary
  • End in sight for the Metall auf Metall sampling dispute
  • When a reproduction is not a copy
  • Overstretching harmonization and the use of quotations

Appendix

  • Author

Recommended Articles

;

Have any questions? Speak to a Specialist

Europe, Middle East & Africa team: +44 7771 980316


Asia-Pacific team: +61 (0)3 960 16700

US team: +1 212-652-5335

Email us at ClientServices@ovum.com

You can also contact your named/allocated Client Services Executive using their direct dial.
PR enquiries - Email us at pr@ovum.com

Contact marketing - 
marketingdepartment@ovum.com

Already an Ovum client? Login to the Knowledge Center now