Kraftwerk Loses Copyright Lawsuit

Kraftwerk’s copyright lawsuit against Moses Pelham was denied by German Constitutional Court on Tuesday. According to reports, the high court determined Pelham’s use of a clip from the 1977 song “Metal on Metal” did not infringe on the rights of the band or co-founder Ralf Hutter in particular.

BBC News reports the Constitutional Court considered the rights of both parties. However, they ultimately ruled Moses Pelham’s right to “artistic freedom” did not significantly infringe on Kraftwerk’s intellectual property rights.

Kraftwerk’s copyright lawsuit was sparked by Moses Pelham’s use of a drum sequence in Sabrina Setlur’s hit “Nur Mir.” In his complaint, Ralf Hutter acknowledged the clip was short. However, it was used numerous times throughout Setlur’s song. Hutter argued that Pelham should have sought permission prior to using the clip.

In a 2012 lawsuit, Germany’s Federal Court of Justice determined the use of Kraftwerk’s clip in “Nur Mir” did constitute copyright infringement and ordered Sabrina Setlur to cease promotion of the song. However, the case was later referred to Germany’s Constitutional Court for further examination.

As reported by Digital Journal, Kraftwerk was formed in 1970 by Dusseldorf residents Ralf Hutter and Florian Schneider.

With the release their album Autobahn, which debuted in 1974, the band introduced the world to a unique form of instrumental electronic music, which combined strong rhythms and unforgettable melodies.

Although Kraftwerk did not invent electronic music, they popularized the genre and made a lasting impression on the music industry that is still evident to this day.

In a 2012 interview, Ralf Hutter discussed Kraftwerk’s inspiration and why he believes the band became iconic.

“I think to understand Kraftwerk one has to understand German society and culture, particularly its media culture. There was next to no music industry in West Germany, very rudimentary strategies of promotion and distribution and very little music which was uniquely theirs. Kraftwerk, therefore, had to re-invent the wheel and this is why their music was so odd and so powerful.”

Grammy.com reports Kraftwerk influenced numerous artists and bands, including David Bowie, Devo, Madonna, and Moby.

Over the last 46 years, Kraftwerk released 11 albums, including Autobahn, The Man-Machine, and The Mix, and numerous hit singles, including “The Robots.” The band was also honored with numerous awards, including a Lifetime Achievement Grammy Award.

Kraftwerk lost a copyright case that could loosen sampling restrictions…in Germany: https://t.co/7nklpEuR3V pic.twitter.com/EpxzfFX1KT

— Okayplayer.com (@okayplayer) May 31, 2016

Kraftwerk has cycled through a variety of musicians since 1970. However, the band still tours, performing live shows throughout Europe and the United States. In addition to Hutter, who is lead vocalist and musician, the current lineup includes electronic percussionist Fritz Hilpert, electronic percussionist and keyboardist Henning Schmitz, and video technician Falk Grieffenhagen.

Although clips of Kraftwerk’s music have been used in countless other songs, Ralf Hutter would prefer to have a choice in the matter. As Moses Pelham did not seek his permission before using the “Metal on Metal” clip, he promptly filed a lawsuit.

Reactions to the outcome of Kraftwerk’s copyright lawsuit are mixed. Hutter and his supporters have argued that Pelham’s use of the clip without permission was akin to theft. However, others have argued that samples are commonly used in popular music and are essentially “fair game.”

Kraftwerk Loses 19 Year Battle Over Unlicensed Sample: Germany’s highest court ruled in… https://t.co/H2suBRXTvq pic.twitter.com/QoBvnCFSdw

— sonicstate (@sonicstate) May 31, 2016

Gulf News reports Germany’s Constitutional Court ultimately sided with Moses Pelman, stating that the damage to Ralf Hutter and Kraftwerk was “negligible.” Therefore, the court determined “artistic freedom overrides the interest of the owner of the copyright.”

In an earlier interview, the German Federal Union of the Music Industry Director Florian Druecke said a decision in Pelman’s favor could make a negative and far-reaching impact on the music industry as a whole.

It is unknown whether Ralf Hutter will attempt to appeal the outcome of the Kraftwerk copyright lawsuit.

[Photo by Keystone, Martial Trezzini/AP Images]