Pelham Gmbh and others v Hütter and another

European Union – Copyright. Article 2(c) of Directive (EC) 2001/29 should, in the light of the Charter of Fundamental Rights of the European Union, be interpreted as meaning that the phonogram producer's exclusive right under that provision to reproduce and distribute his or her phonogram allowed him to prevent another person from taking a sound sample, even if very short, of his or her phonogram for the purposes of including that sample in another phonogram, unless that sample was included in the phonogram in a modified form unrecognisable to the ear. The Court of Justice of the European Union so held, among other things, in a preliminary ruling in proceedings concerning the use, in the recording of the song 'Nur mir', composed by the second and third applicants and produced by the first applicant company, of an approximately 2-second rhythm sequence from a phonogram of the group Kraftwerk, of which the first respondent and another were members.

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