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Music sampling may constitute copyright infringement unless sound sample unrecognisable (Pelham)

Music sampling may constitute copyright infringement unless sound sample unrecognisable (Pelham)
Published on: 30 July 2019
Published by: LexisPSL
  • Music sampling may constitute copyright infringement unless sound sample unrecognisable (Pelham)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

TMT analysis: The Court of Justice has confirmed that unauthorised music sampling may infringe a phonogram producer’s exclusive right to reproduce and distribute their phonogram, allowing them to prevent another person from taking a sound sample, even if very short, of their phonogram for the purposes of including that sample in another phonogram, unless the sample included in the phonogram is in a modified form unrecognisable to the ear. or take a trial to read the full analysis.

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