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Kraftwerk challenges EU copyright exception for ‘pastiche’ in decades-long fight

By Inbar Preiss ( January 15, 2025, 15:49 GMT | Insight) -- German electronic music pioneers Kraftwerk have asked the EU Court of Justice to reject exempting pastiche — the imitation of other artists’ style — in copyright law in a nearly 30-year dispute over a two-second sample from their 1977 track Metall auf Metall. The hearing in the EU's top court on Tuesday focused on whether the sample’s use by producers Moses Pelham and Martin Haas in the 1997 song Nur Mir constitutes unauthorized copying or qualifies as transformative under the pastiche exception. The Advocate General’s opinion, expected on May 6, will guide the German Federal Court’s final ruling on the case.German electro-pop duo Kraftwerk have asked top EU court judges to reject the application of the exception for pastiche — the imitation of another’s artistic style — from copyright liability in EU law in a dispute running nearly three decades....

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