The German Federal Constitutional Court has delivered an important decision with regards to the permissibility of sampling which is widely used in hip hop and electronic music. With this decision, the Court ended a dispute that has been ongoing for almost 20 years. Furthermore, the Court has applied a fundamental rights discourse between the countervailing rights of the original authors and those of the new works using samples from the original works. The preceding courts found that sampling would constitute an infringement of the phonogram producer rights (Section 85 of the German Author’s Rights Act) where the samples could have been created independently. The German Constitutional Court, however, disagreed: By holding that sampling was a form of art protected by the fundamental right of artistic freedom and may outweigh the exploitation interest of the phonogram producer would only be impaired to a minimal extent by sampling

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“ Metall auf Metall” –德国联邦宪法法院讨论了采样音乐曲目的许可

德国联邦宪法法院已就在嘻哈音乐和电子音乐中广泛使用的采样的可允许性做出了重要决定。有了这项决定，法院结束了将近20年的纠纷。此外，法院使用原始作品的样本在原始作者的反补贴权利与新作品的反补贴权利之间进行了基本权利论述。先前的法院裁定，采样本来可以构成唱片的制作人权利（德国《著作权法》第85条）受到侵犯，而该唱片本可以单独创建。但是，德国宪法法院不同意：