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Good Fences Make Good Neighboring Rights: The German Federal Supreme Court Rules On The Digital Sampling Of Sound Recordings In "Metall Auf Metall", Tracy L. Reilly
Good Fences Make Good Neighboring Rights: The German Federal Supreme Court Rules On The Digital Sampling Of Sound Recordings In "Metall Auf Metall", Tracy L. Reilly
Tracy Reilly
This article analyzes Kraftwerk, et al. v. Moses Pelham, et al., the recent Federal Court ruling in Germany commonly referred to as the Metall auf Metall case regarding whether the taking of two notes of a digital music sample constitutes infringement of German intellectual property laws. The article will compare the German court holding with the most recent U.S. 6th Circuit case on digital sampling, Bridgeport Music, Inc. v. Dimension Films. The article will begin with an explanation and history of the technique of digital sampling as used by contemporary musicians. It will then explore the similarities and differences between …