Welcome back to Part II of the analysis of AG Emiliou’s Opinion in C-590/23 Pelham II. In Part I (here), we analysed the interpretation of pastiche as an autonomous concept of EU law, along with its defining features. In this Part II, we turn to the balancing of fundamental rights. Here, the AG ventures into…
The long-awaited opinion of Advocate-General (AG) Emiliou in C-590/23 Pelham, the enduring dispute between the electronic music group Kraftwerk against hip-hop producers, and their production company Pelham GmbH, has now been published. For those who had not been following the developments, the case has once again reached the Bundesgerichtshof (BGH), Germany’s Federal Court of Justice,…
As succinctly noted by Susan Bischoff in a prior post, the ongoing legal saga surrounding the ‘Metall auf Metall’ case continues to yield legal insights. Presently, a new reference from the German Federal Court of Justice (BGH) asks the Court of Justice of the European Union (CJEU) for vital interpretive guidance concerning the parody exception…
COMMUNIA and Gesellschaft für Freiheitsrechte co-hosted the Filtered Futures conference on 19 September 2022 to discuss fundamental rights constraints of upload filters after the CJEU ruling on article 17 of the Directive on Copyright in the Digital Single Market (CDSMD). This blog post is based on the author’s contribution to the conference’s third session “Beyond the Judgement: The Future…
The European Parliament has just approved the new text of the copyright directive, which will now go to the Council for a final vote on April 15th, 2019. This legislation not only modifies the copyright framework as set out in the Information Society Directive (Directive 2001/29/EC) but it will also modify the liability regime as…
