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Pastiche copyright exception requires clear artistic link, EU court opinion says

( June 17, 2025, 11:28 GMT | Official Statement) -- MLex Summary: The EU copyright exception for pastiche applies only when a new work meaningfully engages with the original in an artistic way, according to a non-binding legal opinion prepared for the EU's top court. Advocate General Nicholas Emiliou said the exception can't be used as a catch-all to justify unauthorised reuse like sampling, unless there is a recognisable artistic transformation. The case stems from a German court’s question to the EU Court of Justice in a dispute over a 2-second sample used without permission in a 1997 hip hop song by producers Moses Pelham and Martin Haas. The opinion is attached. The case reference is C-590/23. ...

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