Kraftwerk, Hip-hop, Prince, & Warhol: European & US Approaches to Sound Sampling & Appropriation Art

When: March 10, 2022 at 12:00pm - 1:30pm EST - This event has passed

Presented by the International Chapter of the Copyright Society and ALAI Germany 


To what extent does artistic license create an exception to copyright? This panel will consider a landmark European case on music sampling involving electronic music pioneers Kraftwerk, and a leading US visual arts case considering Andy Warhol prints, in which courts across the Atlantic have concluded it does not.

On the music side, counsel for a member of Kraftwerk will explain his client’s success in German courts and at the European Court of Justice in countering the sampling of a famous Kraftwerk song in a hip hop recording.  
On the visual arts side, the panel will discuss the Second Circuit’s rejection in Warhol Foundation v. Goldsmith of a fair use defense for Andy Warhol’s incorporation of a Vanity Fair photograph of music legend Prince in a series of prints.  

Do these rulings, as the Warhol Foundation argued, risk “outlawing” entire genres of art?  Or is this, as the Second Circuit concluded, simply a matter of properly licensing works incorporated into art?  Does the Google v. Oracle fair use decision change anything? (hint: the Second Circuit thinks it doesn’t)  A lively discussion can be expected.



Philippa Loengard is Deputy Director & Lecturer in Law at the Kernochan Center for Law, Media and the Arts at Columbia Law School. Her research focuses on issues surrounding the visual arts and entertainment industries. She is particularly interested in issues of taxation as they pertain to the arts and the rights of authors and creators. Loengard is a member of the Entertainment Law Committee of the Association of the Bar of the City of New York and serves on the Executive Committee of the EASLS section of the New York State Bar Association. She was in private practice at Kramer Levin Naftalis & Frankel before joining the Kernochan Center staff in 2006. An interest in intellectual property issues as they related to her work in documentary film provoked her return to law school. Prior to attending law school, Loengard worked in television production for several years as an assistant director on multiple shows and also as a coordinating producer for A&E Television Networks. She is a graduate of Columbia Law School, where she was a Harlan Fiske Stone scholar and an article editor for the Journal of Law and the Arts. Loengard holds an LL.M. from New York University School of Law. Loengard graduated with a master’s degree from Stanford University, where she was the 1994 recipient of the Karl A. and Medira Bickel Fellowship, and has a bachelor’s degree from Cornell University.


Dr. Bhamati Viswanathan is an independent legal scholar and an Affiliate Faculty in the Business of Creative Enterprise program at Emerson College. She was awarded an S.J.D. and an LL.M. by the University of Pennsylvania Law School. She holds a J.D. from the University of Michigan Law School and a B.A., cum laude, from Williams College. She is the author of Cultivating Copyright: How Creative Industries Can Harness Intellectual Property to Survive the Digital Age (Routledge/Taylor & Francis Press: July 2019). Bhamati is passionate about educating creators and creative industry participants about the value and usefulness of copyright, and she is particularly committed to helping empower artists of color in the U.S. and the developing world. Bhamati is a Trustee of the Copyright Society. She is also a Trustee of the Williams Asian and Asian American Alumni Network. She resides in Boston.


Dr. Martin Schaefer, a partner at Boehmert & Boehmert in Berlin, Germany, works primarily in the field of intellectual property, including copyright contract law. Music industry matters and collective and individual administration of rights form a key part of his work. This includes, in particular, the law concerning collecting societies (e.g. in GEMA and ZPÜ matters) and agencies. He also frequently advises on matters involving provider liability, privacy law (data protection), electronic media law, and trade mark law. He is a member of the advisory board of the German Music Archive at the German National Library, an elected member of the board of ALAI Germany and an elected member of GRUR’s Copyright Committee. He is co-chairman of the International Chapter of the Copyright Society, a lecturer at MIPLC and a senior trustee of the Karl Foerster Foundation. Dr. Schaefer is co-author of the copyright commentary “Fromm/Nordemann”, “Wandtke/Bullinger: Praxiskommentar zum Urheberrecht” and “Moser/Scheuermann: Handbuch der Musikwirtschaft”. He is also the author of numerous articles, especially on copyright issues.


Dr. Hermann Lindhorst is a Partner at SCHLARMANNvonGEYSO in Hamburg, Germany. His practice specializes in IT, copyright and media law, and sports law. Dr. Lindhorst is a Lecturer at the University of Kiel (IT law) and an Honorary Lecturer at the Martin Luther University in Halle-Wittenberg. He is the author of numerous publications and is the co-author of the prestigious commentary Möhring-Nicolini, Urheberrechtsgesetz. Dr. Lindhorst is a Member of the Board of the Hamburg Bar Association, and a member of the International Bar Association (IBA). He is also a member of the DIS Appointing Committee for sports jurisdiction, especially in doping proceedings. 



With opening remarks by:

Prof. Dr. Silke von Lewinski

Vice President of The International Literary and Artistic Association (ALAI) and President of ALAI Germany
Senior Research Fellow, Intellectual Property and Competition Law, Max Planck Institute for Innovation and Competition






Naomi Jane Gray

Copyright Society President
Founder, Shades of Gray Law Group, P.C.





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ALAI Members: Free (Refer to the event email for your registration promo code)
Non-Members/Guests: $95

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The Copyright Society is an Accredited Continuing Legal Education Provider in Pennsylvania, New York and California.  Instructions for verifying attendance will be emailed to registrants prior to the program.

California:  1.5 participatory credit

New York: 1.5 Areas of Professional Practice / This intermediate program is transitional and appropriate for both newly admitted and experienced attorneys.

Pennsylvania: 1.5 general credit


CLE Credit Details

The Copyright Society is an Accredited Continuing Legal Education Provider in Pennsylvania, New York and California. Instructions for verifying attendance will be emailed to registrants prior to the program. California: 1.5 participatory credit New York: 1.5 Areas of Professional Practice / This intermediate program is transitional and appropriate for both newly admitted and experienced attorneys. Pennsylvania: 1.5 general credit