In 2013, several artists and music production companies filed a constitutional complaint with the German Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) against two Federal Court of Justice (Bundesgerichtshof, BGH) rulings (I ZR 112/06, I ZR 182/11) that held that the sampling of a two-second sound sequence was not admissible under the German Copyright Act (UrhG). In music, “sampling” is the act of taking a portion of one sound recording and reusing it in a different song or piece. Sampling is particularly common in modern hip-hop and electronic music.
The complainants argued that the Federal Court of Justice rulings violated their fundamental right to artistic freedom enshrined in Art. 5 para. 3 of the German Basic Law (Grundgesetz, GG). On 31 May 2016, the First Senate of the Federal Constitutional Court granted the constitutional complaint.
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