Kraftwerk Loses Two-Decade-Long Copyright Dispute After Court Rules Unauthorized Sample Was a ‘Pastiche’

The European Court of Justice has ruled that an unauthorized two-second sample of Kraftwerk's 1977 song "Metall auf Metall" used in the 1997 single "Nur mir" is legal under the provisions of "pastiche." The court found that the use of Kraftwerk's percussion was noticeably different from the original and was in artistic dialogue with it. This ruling clarifies the definition of pastiche, striking a balance between artistic freedom and intellectual property protection.