Taking a phonogram extract for use, without the authorisation of its producer, in another phonogram (sampling) constitutes an infringement of that producer's exclusive right to authorise or prohibit a reproduction of its phonogram, according to the Opinion of Advocate General Szpunar delivered on Wednesday 12 December in the Pelham case (C-476/17).
In this case, German musicians created a piece of which two seconds were copied and repeated by other musicians, who had not requested the...