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Bernd Justin Jütte

The application of limitations and exceptions to copyright has been rather strict in relation to sound recordings, with the effects that unauthorized sampling had been rendered virtually impossible in Germany and in the United States. This chapter analyzes two cases that break with the prevailing judicial opinions in their respective jurisdictions. It is further analyzed what effects these judgments can have on sampling in their jurisdictions and beyond their national borders. Keywords: Copyright, music sampling, sound recordings, de minimis, artistic freedom