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Cover of: Bridgeport Music, Inc. v. Dimension Films (USA), Metall auf Metall (Germany) and Digital Sound Sampling – »Bright Line Rules«?
Simon Apel

Bridgeport Music, Inc. v. Dimension Films (USA), Metall auf Metall (Germany) and Digital Sound Sampling – »Bright Line Rules«?

Section: Articles
Volume 2 (2010) / Issue 3, pp. 331-350 (20)
Published 09.07.2018
DOI 10.1628/186723710793206774
  • article PDF
  • Open Access
    CC BY-SA 4.0
  • 10.1628/186723710793206774
Summary
There has been a controversy for several years whether digital sound sampling even of small bits of sound infringes an intellectual property right in the record from which it has been taken. In the USA as well as in Germany, superior federal courts reached seemingly similar verdicts in two similar cases. This article discusses the legal situation in both jurisdictions following these decisions. It will be demonstrated that both courts failed to solve the question in their respective legal system convincingly.