Federal Constitutional Court: Can beats in hip-hop will be sampled without permission? – Times Online

The Federal Constitutional Court judges today for copyright protection in the hip-hop and rap. Negotiations in Karlsruhe years of dispute between the electro-pop group Kraftwerk and the rapper, producer and composer Moses Pelham. The musicians argue in court about whether Pelham 1997 could copy a two-second rhythm from the power plant title Metal on Metal without permission. he Only me down as Beat in infinite loop sung by Sabrina Setlur song this segment. This acquisition of short sound sequences from other songs is called sampling, which is a fundamental part of hip-hop music.

During the trial Pelham invoked Article 5 of the basic law, which protects the freedom of art. If he should not in principle to sample, it could not give his art form, he said. Among ten recordings since 1989 contained in his opinion, a sample of nine.

Kraftwerk founding member Ralf Hütter however raises Pelham plagiarism before. Among colleagues it would be heard to call in advance, he had said in November at the hearing in Karlsruhe. Before the Federal Court he reached 2012 in the last instance, that the Setlur song may no longer be marketed.

contrast have Pelham and Setlur lodged a constitutional complaint. Several producers and musicians have joined, including singer Sarah Connor, the rapper Bushido and reggae musician Gentleman. You want to ensure that the interpretation of foreign Beats remains possible in a new musical context without permission. You see hip-hop as a music otherwise fundamentally compromised.

Before the judgment of the Federal Association of Music Industry warned against a relaxation of industry standards. “If the decision of the impression that ‘artistic freedom stands still’, could have consequences that beyond the specific controversy far beyond reach,” said Managing Director Florian pressures. That is grist to the mill of those who say the Internet should all be allowed.

From the perspective of the Association, which represents more than 80 percent of the German music market by its own account, such disputes are rare. As a rule, there is an agreement among the concerned artists, and prior to the sampling. “Now it is a fundamental debate is unfortunately made that can result in the wrong direction,” said pressures. He fears a devaluation of creative, Pelham should prevail.