Kraftwerk co-founder Ralf Hütter sued Pelham for using an audio sample.
The long-running legal battle between Kraftwerk and music producer Moses Pelham continues. After the case was last processed in the Federal Court of Justice (BGH), it is now going to the European Court of Justice (ECJ) for the second time. He now has to deal with the exact meaning of the word “pastiche” in relation to copyright.
The term can be broadly defined as the imitation of an artist’s characteristic style or ideas. What is not clear, however, is whether this also includes things like parody and homage. The term has also been part of German law since the implementation of EU law, but this case is one of the first to require a closer look at the meaning of the word in the legal system.
Kraftwerk co-founder Ralf Hütter sued Pelham after he used a beat from the 1977 track “Metall auf Metall” for a song by Sabrina Setlur. The electronic pioneers are known for legally pursuing the use of samples if permission was not previously requested. The legal battle with Pelham has been going on for more than two decades.