Germany Realizes That Music Samples Can Be Fair Use
from the it's-a-start dept
Over in Germany, a district court seemed to take the same path in a case brought by German legends Kraftwerk against a hip hop artist that used a 2-second sample. However, the good news is that an appeals court has put a bit of sanity back into the process, noting that a two second sample used in a way where it's barely recognizable should obviously be fair use.
The ruling is hardly a huge win, as it still requires the samples to not use the melody and be in a completely new piece of music (thanks to Adam for sending this in). Overall, it's a better ruling than the original ruling, though still seems to limit fair use way beyond what is reasonable when it comes to music sampling.