In a judgment handed down on Tuesday, 14 April (Case C-590/23), the Court of Justice of the European Union (CJEU) has clarified the extent to which the use of ‘pastiche’—in this case, the reproduction of a musical sample (sampling)—of a copyright-protected work without the authorisation of the copyright holders is allowed so as to ensure a fair balance between protecting the freedom of the arts and protecting copyright as well as legal certainty.
In Germany, the founders of the...