On 17 June 2025, Advocate General Emiliou delivered his opinion in the second referral of the German Federal Court of Justice (BGH) to the CJEU in the case ‘Pelham’ – also known as ‘Metall auf Metall’ (Case C-590/23). He defines ‘pastiche’ – currently the most controversial concept of European copyright law – and makes a fundamental statement on EU copyright law and its relationship to freedom of the arts as guaranteed by Art 13 CFR. The InfoSoc Directive, which is at the heart of EU copyright law, is too restrictive with regard to the artistic use of copyright-protected works and therefore not compatible with the Charter’s freedom of the arts … (more)
[Jannis Lennartz and Viktoria Kraetzig, Verfassungsblog, 3 July 2025]
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