Article
Music Sampling and Pastiche: CJEU Defines the Scope of a Key Copyright Exception
The Court of Justice of the European Union has delivered its first definitive interpretation of the "pastiche" exception in EU copyright law, establishing that sampling and other creative borrowing can qualify as fair use when they engage in recognizable artistic dialogue with source material. This landmark ruling in the decades-long Kraftwerk sampling dispute charts a middle course between overly narrow and catch-all approaches, requiring that borrowed elements be used openly and recognizably rather than c
Jones Day