Kraftwerk Lose Landmark Copyright Case Over ‘Metall Auf Metall’ Sample as EU Court Rules in Favor of Pastiche Defense

Kraftwerk have lost one of the longest-running copyright cases in music history after a landmark ruling by the Court of Justice of the European Union (CJEU) determined that the use of a two-second sample from their 1977 track “Metall auf Metall” in Sabrina Setlur’s 1997 song “Nur Mir” qualifies as a permissible “pastiche” under EU copyright law.

The decision, issued on April 14, 2026, concludes a legal battle that began in the late 1990s when German producer Moses Pelham used the unlicensed drum sequence from Kraftwerk’s recording without permission. Initially, Kraftwerk founders Ralf Hütter and Florian Schneider prevailed in German courts on the grounds that the unlicensed sample constituted copyright infringement.

However, the ruling was overturned on appeal, triggering a series of referrals to the CJEU over the interpretation of sampling and copyright exceptions. A 2019 judgment had held that using a recognizable segment of a recording could be infringement unless the sample was altered beyond recognition. The latest ruling refines this standard, establishing that a work may qualify as a “pastiche” if it evokes the original in a recognizable but transformed manner, remains “notably different,” and engages in an “artistic or creative dialogue” with the source material.

The CJEU emphasized that for a use to be considered “for the purpose” of pastiche, it is sufficient that the pastiche nature is recognizable to someone familiar with the original work. An explicit intention to create a pastiche is not required for the exemption to apply.

As a result of the ruling, the case has been remanded to the German Federal Court of Justice (BGH) to apply the CJEU’s definition to the specific facts of the dispute. While the CJEU’s decision provides clarity on the legal threshold for pastiche, the final determination on whether Pelham’s use meets all criteria remains pending.

The legal conflict over the “Metall auf Metall” sample has become one of the most protracted in music industry history, spanning over 25 years and shaping the legal understanding of sampling across Europe. The outcome has significant implications for artists, producers, and labels navigating the boundaries between inspiration, homage, and infringement in electronic and hip-hop music.

Despite the legal setback, Kraftwerk continue to maintain an active presence in the music world. The group is preparing to launch their “Multimedia” UK and Ireland tour, which begins in Dublin on May 17, 2026, and includes three performances at London’s Royal Albert Hall on June 4, 5, and 6, before concluding in Edinburgh on June 9.

Described as part performance and part digital installation, the tour features the band’s signature blend of music and technology, a format they have presented since its inception at the Museum of Modern Art in New York in 2012.

In addition to touring, Kraftwerk have announced a 50th-anniversary reissue of their 1975 album “Radio-Activity,” their first entirely electronic recording. The remastered edition is scheduled for release on May 15, 2026, with pre-orders available through official channels.