Kraftwerk loses out on nearly 30-year legal battle over two-second music sample

Kraftwerk’s 1977 track “Metall auf Metall” became the center of a copyright case after producer Moses Pelham sampled two seconds.

Kraftwerk has lost the latest round of a nearly 30-year copyright battle over a two-second music sample. Germany’s Federal Court of Justice ruled in favor of producer Moses Pelham, finding that his use of a short section from Kraftwerk’s 1977 song “Metall auf Metall” was allowed under a copyright exception.

The case began in 1999 after Pelham sampled the Kraftwerk track for “Nur Mir,” a song performed by German rapper Sabrina Setlur. Pelham slowed down the two-second section and used it repeatedly throughout the track. Kraftwerk later challenged the use of the sample, starting a legal fight that has continued through multiple German courts.

View this post on Instagram

A post shared by KRAFTWERK (@kraftwerkofficial)

“Metall auf Metall” appears on Kraftwerk’s sixth studio album, Trans-Europe Express. The track is known for its metallic percussion, which was created to reflect the sound and movement of a train. Pelham took a small part of that rhythm and placed it into a hip-hop production for Setlur.

The case eventually reached the European Court of Justice after Germany’s Federal Court of Justice asked for guidance in 2023. The European court ruled that sampling can be protected under the “pastiche” exception when it imitates, pays tribute to or engages with an existing work. Germany’s highest court has now applied that ruling to Pelham’s sample.

View this post on Instagram

A post shared by KRAFTWERK (@kraftwerkofficial)

The decision could have an impact on music producers across Europe who rely on samples in their work. However, the ruling does not give producers a blanket right to use copyrighted music without permission. Instead, it offers more clarity around when a sample can qualify as a creative reinterpretation under European copyright law.

Kraftwerk frontman Ralf Hütter has continued to question where the line should be drawn between creative sampling and illegal use of another artist’s work. After nearly 30 years of legal battles over just two seconds of music, the case has become an important example of how copyright law continues to catch up with modern music production.

Feature image Koh Hasebe/shinko Music/Getty Images

About The Author

Alejandra Benitez

My name is Alejandra Benitez and I was born and raised in the DMV. Having close proximity to Washington D.C. means I am accustomed to a fast paced environment as things are constantly changing. For me, the EDM scene has provided so much comfort and space to really find myself even amongst chaos. My first ever show was Zeds Dead and it truly changed my outlook on community and further affirmed my love for music. I am a basshead at heart but enjoy exploring new genres and artists. Being a writer for Exron has given me an amazing opportunity to learn more about the electronic music industry and I love being able to express myself creatively. Some of my favorite artists include Levity, Rezz, Tape B, Disco Lines, and Sub Focus.

See author's posts