Christiane Stuetzle authored an article for World
Intellectual Property Review discussing the significance
of the Berlin Regional Court's ruling that the reference to a
pre-existing digital work by means of collage-like integration into
a new painted work by German painter Martin Eder is fully
permissible as a pastiche and does not constitute a copyright
infringement of such pre-existing work.
“On the EU level, there is no case law on the copyright
exception for pastiche,” Christiane wrote, noting that
“in Germany, to our knowledge, this also is the first
judgment on the scope and applicability of the pastiche copyright
exception.”
She added: “This judgment is the first ruling for such
copyright exceptions since the revision of German copyright law,
which came into effect on June 7, 2021, and has ended a legal
vacuum caused by a ruling of the Court of Justice of the European
Union (CJEU) in an unrelated case (‘Metall auf Metall',
judgment of July 29, 2019). In Meta
