How Much Is Too Much? The Gradual Coalescence of the Law on Sampling

摘要

The practice of sampling sound recordings represents a continuing challenge to copyright law, yet there are few judgments on point. This article discusses US, German and UK cases which explore how much of the copyright material has to be taken for infringement to occur. It also considers the position in A ustralia, where sound recordings have not been judicially considered, but where the courts have addressed similar questions in relation to other types of non-traditional copyright subject-matter. A referral last year from the German Federal Court to the European Court of Justice will take the discussion a step further. Not only copyright law but also human rights may be drawn into the discussion. The referral means that the law on this issue should soon be harmonised across the Member States of the EU. Other countries will then be challenged to clarify their own positions at judicial and legislative levels.