09.06.2017 - 16:08 [ Techdirt ]

Two Big Copyright Cases Sent To Top EU Court: One On Sampling, The Other On Freedom Of The Press

Back in 2012, Techdirt wrote about one of the longest-running copyright sagas. It involved a 2-second rhythmic sample from the Kraftwerk track „Metall auf Metall“, which was used by the German rapper Sabrina Setlur in a single called „Nur Mir“. After the case had ping-ponged around various German courts for 12 years, a decision by Hamburg’s highest regional court seemed to be the end of the matter, as Tim Cushing described in his comprehensive post. But in 2016, Germany’s constitutional court took a look, and now a press release from the country’s highest court (original in German), the Bundesgerichtshof (BGH), informs us that the case is still not yet over, and that it is moving up a level. The BGH has asked the Court of Justice of the European Union (CJEU), the top court in the EU, to clarify some basic points of law. A post on the IPKat blog runs through the details, and notes that one of the issues is: