Oops, I sampled again… The meaning of ‘pastiche’ as an autonomous concept under EU copyright law
Kluwer Copyright Blog
MAY 20, 2024
Finally, in 2020, the German Federal Court of Justice (BGH) ruled that Pelham’s use of the Metall auf Metall sample was lawful up until the adoption of the InfoSoc Directive but was rendered unlawful after the pre-emptive effect of art. 5 (with its limited and closed list of exceptions) kicked in.
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