Pastiche or Permission? The Court’s Uneasy Test for Artistic Dialogue in Pelham II

Key Points

• This analysis seeks to clarify the CJEU's interpretation of pastiche in the context of copyright law.
• Legal analysis of the CJEU judgment in the case CG and YN v. Pelham GmbH (C-590/23).
• Interpretation of the concepts of pastiche and artistic dialogue in relation to copyright permissions.
• The CJEU defines pastiche as an artistic dialogue, challenging permission-based copyright frameworks.
• The court emphasizes that the distinction between copying and culture remains a judicial matter.