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Band Kraftwerk loses dispute against German hip-hop artists in German Constitutional Court

03.07.2016

The Constitutional Court of Germany made a decision as part of the longstanding dispute between the band Kraftwerk and hip-hop artist Sabrina Setlur. Thus, the court revoked the decision of the Federal Supreme Court of Germany made in 2012.

The subject matter of the case was a two-second snippet of the drum part from the track of the German band called

Metall auf Metall which came out in 1977. The plaintiffs claimed that singer Sabrina Setlur used this part in her song Nur mir (1997), without asking Kraftwerk for permission and trying to pay for using the snippet. Therefore, according to the band’s claim, the artist infringed their copyright.

Dmitry Seregin, adviser of YUST Law Firm, explained to Pravo.ru portal that limiting the use of a work is justified only when it leads to property losses for the copyright holder or corrupts the author’s initial idea. Otherwise, copyright is only an obstacle for creative activity - in fact, its opposite.


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