ABSTRACT
This article examines how EU copyright law accommodates creative reuse within its closed system of exceptions and limitations. While the reproduction right encompasses a broad range of derivative and transformative uses, the Court of Justice has consistently rejected the possibility of relying on fundamental rights to create exceptions beyond those provided for by the EU copyright acquis. At the same time, fundamental rights have contributed to a more purposive and flexible interpretation of existing exceptions. This development is particularly visible in Pelham II, in which the Court adopted a broad interpretation of the pastiche exception, potentially bringing various forms of contemporary creative reuse within its scope. However, significant uncertainty remains as to what constitutes the required artistic or creative dialogue and whether lawful pastiche is subject to additional substantive limitations. The article argues that further clarification is needed to ensure both sufficient breathing space for creative reuse and a coherent and predictable copyright framework.
Teunissen, Peter, A Fence Full of Gaps: Pastiche and Creative Reuse in EU Copyright Law (September 30, 2026).
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