Case Law, CDSM Directive, CJEU, Digital Single Market, European Union, Exceptions and Limitations, Infringement

(Queen Mary University of London)/ /Leave a comment

Welcome back for the second part of the C-590/23 Pelham II hearing commentary. In part one (here), we covered the interpretation of pastiche. However, a very interesting topic arose in the Court’s pre-emptive questions, and during the oral questions: the interaction of “pastiche” with Article 17 CDSM Directive. This was not originally part of the…

Case Law, European Union, Exceptions and Limitations, Germany, Infringement

(Queen Mary University of London)/ /Leave a comment

On 14 January 2025, the Court of Justice of the European Union (CJEU) heard oral arguments in the much-anticipated case C-590/23 Pelham II, where the German Federal Court submitted a request for preliminary ruling on the interpretation of “pastiche”. The purpose was to ascertain whether a two-second sample from a phonogram could fall under the…