German Federal Court Applies CJEU Interpretation in Copyright Dispute

On 3 September, the German Federal Court of Justice (BGH) delivered its decision in *Metall auf Metall VI*, concluding one of copyright law’s longest-running disputes concerning unauthorized music sampling. This landmark ruling involved the application of the Court of Justice of the EU’s (CJEU’s) interpretation of the term ‘pastiche’ to a two-second sample taken from the track ‘Metall auf Metall’ by the group Kraftwerk, used without authorization by producer Moses Pelham. While the excerpt indicates the BGH ruled on the matter, the specific outcome of this particular ruling regarding the two-second sample is not detailed, only that it applied the CJEU's interpretation of 'pastiche'.

This decision carries significant legal weight for practitioners across the European Union, particularly those advising clients in the music, entertainment, and creative industries. It provides crucial clarification on the scope and application of the 'pastiche' exception to copyright infringement, a concept that has historically lacked precise definition in many national copyright regimes. The BGH's ruling, following a preliminary reference to the CJEU, underscores the complex interplay between national copyright laws and the harmonizing influence of EU directives and CJEU jurisprudence. For rights holders, it defines the boundaries of protection against unauthorized use, while for creators, it delineates the scope of permissible artistic freedom, especially in transformative works like sampling.

The legal context for this dispute is deeply rooted in German and EU copyright law. The BGH, as Germany's highest court for civil and criminal matters, is responsible for interpreting and applying national law, including the German Copyright Act (Urheberrechtsgesetz). However, its decisions are heavily influenced by EU law, particularly the InfoSoc Directive (Directive 2001/29/EC) on the harmonisation of certain aspects of copyright and related rights in the information society. The concept of 'pastiche' is an exception or limitation to copyright provided for in Article 5(3)(k) of this Directive. The CJEU, as the highest court in the EU for interpreting EU law, previously provided its interpretation of 'pastiche' in earlier stages of this very dispute, which the BGH is now applying. This multi-layered judicial process highlights the hierarchical relationship between national supreme courts and the CJEU in matters of EU law.

The key parties involved in this protracted legal battle include the German Federal Court of Justice (BGH) and the Court of Justice of the EU (CJEU), whose interpretations have shaped the legal landscape. The dispute centers around the unauthorized sampling by music producer Moses Pelham, with the original work being ‘Metall auf Metall’. While the excerpt does not explicitly name the plaintiffs, it is understood to be the rights holders of the original track, Kraftwerk. This case has been a touchstone for copyright discussions for decades, involving prominent figures in the German and international music scene.

Practitioners should closely monitor the full published decision of the BGH in *Metall auf Metall VI* to understand the precise criteria and limitations applied to the 'pastiche' exception in the context of music sampling. Attorneys advising artists, record labels, producers, and content platforms must review their current practices regarding sampling and derivative works to ensure compliance with the evolving legal framework. The decision reinforces the necessity of conducting thorough due diligence and, where appropriate, securing licenses for sampled material, even for short excerpts, unless a clear and robust defense under an exception like 'pastiche' can be established. This case serves as a critical reminder of the ongoing tension between artistic innovation and copyright protection within the EU.