17/04/2026
We could discuss this week’s decision of the European Court of Justice (CJEU) in the Kraftwerk case in plain legalese, but let’s keep that for the next time we encounter a school of scholars. The best and most simple way to summarize it however, is how Chris Cooke put it in his analysis on Complete Music Update: where before the answer to the question whether you needed permission for sampling was a clear “yes”, that answer has now turned to “maybe”. Inexplicably, I would say. I challenge anyone to provide me with an example (just one would already do, yes please) in the history of music whereby a sample would (could?) qualify as an exception under the array of foggy notions the Court has come up with. A sample used – with or without permission – that "alludes" to the original, "engaging in an artistic or creative dialogue" with it? You must either be joking or, having been caught red-handed for usage without permission, you’re looking for a way out via the moral high ground. So much for legal certainty in any case... Herewith the link to the Court’s decision: https://shorturl.at/LlRkM.
If you sample a tiny snippet of a track in a new track, do you need permission from whoever owns the original recording? The answer to that question in Europe was previously “yes” but is now “maybe”, thanks to the latest ruling in a long running legal battle between Moses Pelham and Kraftwer...
