Kraftwerk Case: The ECJ Clarifies the Distinction Between Pastiche and Unauthorized Reproduction

Posted by Isabelle Szczepanski le 14 avril 2026

In its Pelham ruling of April 14, 2026, the European Court of Justice clarified that the “pastiche” exception in copyright law may cover certain uses of sampling without prior authorization, provided they form part of a recognizable artistic or creative dialogue with the original work. The Court refuses, however, to make this a “catch-all” exception: it is neither intended to authorize any and all creative reuse nor to cover acts of plagiarism.

The ruling handed down on April 14 by the Grand Chamber of the ECJ adds a new chapter to the interminable legal dispute surrounding Metall…

Enjoy unlimited access to our articles:

Subscribe now

Already subscribed? Log in here. Connectez-vous ici.