CJEU Clarifies The ‘Pastiche’ Exception Under EU Copyright Law

Read in German.

On April 14, 2026, the Court of Justice of the European Union (CJEU) issued a landmark ruling in Case C-590/23 (Pelham II), clarifying the scope of the “pastiche” exception under Article 5(3)(k) of the EU Directive 2001/29/EC (InfoSoc Directive) in music sampling. The CJEU held that sampling can qualify as a lawful pastiche where the new work recalls an existing work, exhibits perceptible differences to it, and uses protected elements to engage in a recognizable artistic or creative dialogue with the source work.

The Court’s clarification of what constitutes permissible pastiche use provides long-awaited legal guidance for a range of creative industries — including film, visual arts, literature, and digital content — where artists and creators build upon, reference, or engage with existing protected works. The decision comes at a time when the appropriation of protected works is being debated in the context of AI-generated content.