AG’s opinion—unauthorised music sampling constitutes copyright infringement (Pelham C-476/17)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the Advocate General opine?
• Question 1
• Question 2
• Question 3
• Question 4
• Question 5
• Question 6
• Case details

Article summary

TMT analysis: In a case referred to the Court of Justice for a preliminary ruling concerning music sampling, Advocate General Szpunar has opined that unauthorised music sampling may, under Article 2(c) of the InfoSoc Directive, infringe the exclusive right of the producer of the phonogram from which the sample has been taken. The Advocate General also examined the quotation exception and the balancing of rights and fundamental freedoms enshrined in EU law in relation to music sampling.