"Metal on Metal" | |
---|---|
Song by Kraftwerk | |
from the album Trans-Europe Express | |
Released | March 1977 |
Recorded | 1976 |
Studio | Kling Klang (Düsseldorf, Germany) |
Genre | |
Length | 2:11 |
Label | Kling Klang |
Composer(s) | Ralf Hütter |
Producer(s) |
|
"Metal on Metal" (German: "Metall auf Metall") is an instrumental by Kraftwerk from their 1977 album Trans-Europe Express . This track, combined with "Abzug", the track immediately succeeding it (and considered part of "Metal on Metal" on English pressings), forms an extended coda to "Trans-Europe Express".
Producer Moses Pelham sampled two seconds of the song and re-used it in the 1997 song "Nur mir" performed by German rapper Sabrina Setlur. Pelham lost in court to Ralf Hütter and Florian Schneider of Kraftwerk for copyright infringement, but was acquitted after an appeal. [1]
In a 2016, The Guardian reported that the court found in favor of Setlur. [2] However, in July 2019, the European Court of Justice (ECJ) overturned the appeal, ruling in favour of Kraftwerk. [3] [4] [5] [6] [7] The ruling means that samples which are recognisable infringe copyright law where no permission has been sought from the rightsholder. However, there is no infringement if the sample is unrecognisable. The case was referred back to the German court who gave the final decision. [8] The German court decided that the sample was recognisable. [9] However, as copyright law had changed in the meantime, this ruling only applied to the timeframe December 22, 2002 and June 7, 2021. The question whether his use of the sample under the new law is legal is not decided yet. [10]
Kraftwerk are a German electronic band formed in Düsseldorf in 1970 by Ralf Hütter and Florian Schneider. Widely considered innovators and pioneers of electronic music, Kraftwerk were among the first successful acts to popularize the genre. The group began as part of West Germany's experimental krautrock scene in the early 1970s before fully embracing electronic instrumentation, including synthesizers, drum machines, and vocoders. Wolfgang Flür joined the band in 1973 and Karl Bartos in 1975, expanding the band to a quartet.
The European Court of Justice (ECJ), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting EU law and ensuring its uniform application across all EU member states under Article 263 of the Treaty of the Functioning of the European Union (TFEU).
De minimis is a legal doctrine by which a court refuses to consider trifling matters. The name of the doctrine is a Latin expression meaning "pertaining to minimal things" or "with trifles", normally in the terms de minimis non curat praetor or de minimis non curat lex. Queen Christina of Sweden (r. 1633–1654) favoured the similar Latin adage, aquila non capitmuscās.
Trans-Europe Express is the sixth studio album by German band Kraftwerk. Recorded in 1976 in Düsseldorf, Germany, the album was released in March 1977 on Kling Klang Records. It saw the group refine their melodic electronic style, with a focus on sequenced rhythms, minimalism, and occasionally manipulated vocals. The themes include celebrations of the titular European railway service and Europe as a whole, and meditations on the disparities between reality and appearance.
Dastar Corp. v. Twentieth Century Fox Film Corp., 539 U.S. 23 (2003), was a copyright and trademark case of the Supreme Court of the United States involving the applicability of the Lanham Act to a work in the public domain.
Holger Voss is a German Internet user who was sued in January 2003 for a sarcastic comment pertaining to the September 11, 2001 attacks in an Internet discussion forum, a case that attracted nationwide attention in Germany.
Minimum-Maximum is the first official live album release by Kraftwerk, released in June 2005, almost 35 years after the group gave its first live performance. The album features two CDs of tracks recorded on the group's world tour during 2004, including concerts in Warsaw, Ljubljana, Moscow, Berlin, London, Budapest, Tallinn, Riga, Tokyo, and San Francisco.
Sabrina Setlur, formerly known as Schwester S., is a German rapper. Her debut was in 1995 under the guidance of 3p Records executive and mentor Moses Pelham, producer of her breakthrough single "Ja Klar". Following the drop of her pseudonym and a number-one single, "Du liebst mich nicht", in 1997, a series of hit records established her position as Germany's "best known and highest-selling female rap act" to date.
BMG Music v. Gonzalez, 430 F.3d 888, was a court decision in which the United States Court of Appeals for the Seventh Circuit ruled that a record company could sue a person who engaged in online sharing of music files for copyright infringement. The decision is noteworthy for rejecting the defendant's fair use defense, which had rested upon her contention that she was merely "sampling" songs with the intention of possibly purchasing the downloaded songs in the future, a practice known informally as "try before you buy".
Bridgeport Music, Inc. v. Dimension Films, 410 F.3d 792, is a 2005 court case that was important in defining American copyright law for recorded music. The case centered on the 1990 N.W.A. track "100 Miles and Runnin'", which contains a manipulated two-second sample of the 1975 Funkadelic track "Get Off Your Ass and Jam". The sample was implemented without Funkadelic's permission and with no compensation paid to Bridgeport Music, which claimed to own the rights to Funkadelic's music.
Sweat of the brow is a copyright law doctrine. According to this doctrine, an author gains rights through simple diligence during the creation of a work, such as a database, or a directory. Substantial creativity or "originality" is not required.
"Trans-Europe Express" is a song by German electronic music band Kraftwerk. It was released as the lead single from their studio album of the same name in 1977. The long version of the song was on the original released album, is 13:44 long, and split into two or three parts. The music was written by Ralf Hütter and the lyrics by Hütter and Emil Schult. The track is ostensibly about the Trans Europ Express rail system, with technology and transport both being common themes in Kraftwerk's oeuvre.
In sound and music, sampling is the reuse of a portion of a sound recording in another recording. Samples may comprise elements such as rhythm, melody, speech, or sound effects. A sample can be brief and only incorporate a single musical note, or it can consist of longer portions of music, and may be layered, equalized, sped up or slowed down, repitched, looped, or otherwise manipulated. They are usually integrated using electronic music instruments (samplers) or software such as digital audio workstations.
Roadshow Films Pty Ltd & others v iiNet Ltd was a case in the Federal and High Courts of Australia between members of the Australian Federation Against Copyright Theft (AFACT) and other movie and television studios and iiNet, Australia's third-largest Internet service provider (ISP) at the time. The alliance of 34 companies unsuccessfully claimed that iiNet authorised primary copyright infringement by failing to take reasonable steps to prevent its customers from downloading and sharing infringing copies of films and television programs using BitTorrent.
Twentieth Century Music Corp v. Aiken, 422 U.S. 151 (1975), was an important decision of the United States Supreme Court, out of the Third Circuit, that questioned whether the reception of a copyrighted song on a radio broadcast constitutes a copyright violation if the copyright owner has only licensed the broadcaster to "perform the composition publicly for profit".
A Lego clone is a line or brand of children's construction blocks which is mechanically compatible with Lego brand blocks, but is produced by another manufacturer. The blocks were originally patented by The Lego Group in 1961 as "toy building bricks", and the company has since remained dominant in this market. Some competitors have moved to take advantage of Lego brand recognition by advertising their own products as compatible with Lego, with statements such as "compatible with leading building bricks".
Moses Pelham is a German rapper, singer and producer.
The Copyright Remedy Clarification Act (CRCA) is a United States copyright law that attempted to abrogate sovereign immunity of states for copyright infringement. The CRCA amended 17 USC 511(a):
In general. Any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting in his or her official capacity, shall not be immune, under the Eleventh Amendment of the Constitution of the United States or under any other doctrine of sovereign immunity, from suit in Federal Court by any person, including any governmental or nongovernmental entity, for a violation of any of the exclusive rights of a copyright owner provided by sections 106 through 122, for importing copies of phonorecords in violation of section 602, or for any other violation under this title.
Google has been involved in multiple lawsuits over issues such as privacy, advertising, intellectual property and various Google services such as Google Books and YouTube. The company's legal department expanded from one to nearly 100 lawyers in the first five years of business, and by 2014 had grown to around 400 lawyers. Google's Chief Legal Officer is Senior Vice President of Corporate Development David Drummond.
Building blocks are modular construction parts, usually made of plastic, which can be assembled in a form-fit manner. The basic components are usually cuboid-shaped, cylindrically studded at the top in a grid pattern, hollow-bodied at the bottom and smooth at the sides. The structured upper surface interacts by friction and positive locking with the correspondingly negative lower surface of other clamping components, so that complex designs can be assembled. The design allows the parts to be connected with compressive force and the blocks to be clamped with plastic pins.