Germany: Music and the Arts

The German Federal Court of Justice has delivered a landmark ruling in the decades-long "Metall auf Metall" litigation, applying the EU Court of Justice's framework to determine whether unauthorized music sampling can qualify as lawful "pastiche" under copyright law. The decision examines whether a two-second rhythm sequence from Kraftwerk's 1977 recording, used repeatedly in a 1997 song, constitutes permissible artistic dialogue or copyright infringement.

The revelation that Bavaria re-sold looted artworks to Nazi families while giving victims and their heirs the run-around for years has clearly touched a nerve at the Bavarian State Paintings Collection.