The German band Kraftwerk found that Pelham GmbH had taken a two-second extract from the track 'Metall auf Metall' and used it in a loop in its own song. Kraftwerk sought an injunction and damages.
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The CJEU held that taking a recognisable sound sample from a protected recording constitutes a reproduction requiring the authorisation of the right holder, even if the fragment is tiny.
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There is one exception: if the fragment is modified to such an extent that it is no longer recognisable as originating from the original work, there is no reproduction. At what point is that threshold crossed? That is a factual matter assessed case by case.
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This decision has major implications for music producers, DJs and digital content creators. Any recognisable sample requires a licence. Sample-clearing is not a contractual luxury, but a legal obligation.