2.2.2-2 Is sampling permitted without further ado (use of sound sequences from old (known) music titles for the production of new music titles)?


Basically, it actually requires the consent of the owner of rights of the original music title (composer, record and phonogram company, etc.). Sound sequences or melodies can also be copyright protected parts of musical compositions when they fulfil the conditions specified in Art. 2 para. 1 CopA (intellectual creations with an individual character and perceptible to the senses). This may regularly be the case during samplings because the used melodies or sound sequences from musical compositions are typically characteristic of the requisite piece, so that everyone recognises it in the sampling.

However: in a decision dated 31.5.2016 (Az. 1 BvR 1585/13), the German Federal Supreme Court permitted sampling without the specific consent of the author for reasons of constitutionally specified artistic freedom.

In the case of samples manufactured in Switzerland, the consent of the owner of rights should nevertheless be obtained as a precaution.