‘Metall auf Metall’ – the German Federal Constitutional Court discusses the permissibility of sampling music tracks
作者: Marc D Mimler
作者单位: 1PhD (London) & LL.M. (London); Lecturer in Law, Bournemouth University, UK
刊名: Queen Mary Journal of Intellectual Property, 2017, Vol.7 (1), pp.119-127
来源数据库: Edward Elgar Publishing
DOI: 10.4337/qmjip.2017.01.06
关键词: copyright lawGermanyfundamental rightsfreedom of artsmusicsampling
原始语种摘要: The German Federal Constitutional Court has delivered an important decision with regards to the permissibility of sampling which is widely used in hip hop and electronic music. With this decision, the Court ended a dispute that has been ongoing for almost twenty years. Furthermore, the Court has applied a fundamental rights discourse between the countervailing rights of the original authors and those of the new works using samples from the original works. The preceding courts found that sampling would constitute an infringement of the phonogram producer rights (Section 85 of the German Author's Rights Act) where the samples could have been created independently. The German Constitutional Court, however, disagreed: by holding that sampling was a form of art protected by the fundamental...
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  • German 德国人
  • sampling 取样
  • music 音乐
  • fundamental 基本的
  • phonogram 话传电报
  • rights 权利
  • original 原图
  • which 哪个
  • extent 范围
  • impaired 受损