Pastiche – "Sleeping Beauty" or Future-Proof Safe Harbor for Artistic Takeovers of Works?

"Pastiche – 'Sleeping Beauty' or Future-Proof Safe Harbor for Artistic Takeovers of Works?" is the subject of an article written by Christiane Stuetzle and Susan Bischoff for the renowned German publication Zeitschrift für Urheber- und Medienrecht ["Journal for Copyright and Media Law"].

The pastiche-copyright-exemption, which had been set forth under the InfoSoc Directive (2001/29/EC) back in 2001, was only transposed into the German Copyright Act (its Sec. 51a UrhG) in 2022. Based on the first final judgement on the new pastiche-copyright-exemption, which MoFo won for the renowned Berlin painter Martin Eder, the article outlines the importance of the pastiche for a free artistic adoption of pre-existing content and thereby for the Freedom of the Art.

Read the full article in German (accessible via the database beck-online).