Advocate General Szpunar proposes that the Court should rule that sampling constitutes an infringement of the rights of the producer of a phonogram when it is done without his authorisation.

Producer of a phonogram” means an individual or a legal entity, who or which takes the initiative and has the responsibility for the first fixationof the sounds of a performance or other sounds, or the representations of sounds;

Unauthorized sampling is an infringement of the phonogram producers’ rights

In addition, it seems fair that phonogram producers should share in the revenue derived from the exploitation of works created using their phonogram.

Unless sample taken is modified, unauthorised ‘sampling’ can infringe a phonogram producer’s rights

Unless sample taken is modified, unauthorised ‘sampling’ can infringe a phonogram producer’s rights

In a ruling from July 29, 2019, the CJEU held that sampling may constitute an interference in the phonogram producer”s rights if it happens without their permission.