Second CJEU Ruling In The Pelham Case Defines The Notion Of Pastiche

Starting with a song produced in 1997, and a legal dispute debuting in 2004, the Pelham saga is a case originating from the German courts which brought to light the interaction between the concept of sampling and copyright. As a technique, sampling involves taking a segment of an existing audio recording and repurposing it in a new composition. From a copyright perspective, such a practice would ordinarily qualify as infringement due to the unauthorised reproduction of protected material. Yet, as the Pelham case illustrates, certain exceptions may legitimately authorise such use. Even more, the EU judges’ conclusions might be commercially relevant for the music industry, as well as having severe ramifications in advertising, content production or gaming branches.