A 25-Year-Fight over a 2-Second Sample

EU spent 25 years arguing over 2 seconds, and the comments are absolutely losing it

TLDR: Europe’s highest court backed Moses Pelham after a 25-year fight over a two-second Kraftwerk sample, saying the use was allowed as a creative nod. Commenters are stunned the case lasted this long, joking that music has been recycling beats for decades while the courts were still hitting replay.

After more than 25 years of courtroom ping-pong, Europe’s top court has finally sided with producer Moses Pelham in the absurdly long fight over a two-second Kraftwerk sample used in Sabrina Setlur’s 1997 song Nur Mir. The judges said the tiny audio clip can count as a kind of creative homage, which means this saga may finally be nearing its final encore. And yes, the internet immediately treated this like the most painfully on-brand story ever: a microscopic sound, a massive legal battle, and enough appeals to outlast entire music careers.

The community reaction was a mix of disbelief, sarcasm, and copyright-war fatigue. One commenter dragged in the legendary Amen break, the drum loop used in thousands of songs with basically no payout, as if to say: you fought for decades over this, while music history has been built on borrowed beats. Another piled on with the spicy claim that the disputed sample was mixed with other famous drum loops that were “most likely not cleared either,” turning the whole thing into a messy debate over what the music world treats as fair game. And then came the most savage hot take of all: this wasn’t even about two seconds anymore, it was about bureaucracy, precedent, and pure stubbornness. The joke practically wrote itself — by the time the courts finished listening, the sample had already become vintage.

Key Points

  • Kraftwerk’s 1977 song *Metall auf Metal* was sampled for two seconds in Moses Pelham’s production of Sabrina Setlur’s 1997 track *Nur Mir*.
  • Kraftwerk members sued Pelham in 1999 in the Hamburg Regional Court, starting a copyright case that lasted more than 25 years.
  • German courts initially tended to favor Kraftwerk, but rulings were repeatedly appealed, overturned, or modified.
  • In 2016, the European Court of Justice said the sample could be lawful if it was “unrecognizable,” but lower courts later found it recognizable and infringing.
  • A recent ECJ ruling found Pelham’s use protected under the EU “pastiche” exemption, likely bringing the dispute to an effective close and setting an EU sampling precedent.

Hottest takes

"used in thousands of tracks; zero royalties" — ButlerianJihad
"most likely were not cleared either" — svantana
"another level" — bilekas
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