Pastiche – "Sleeping Beauty" Or Future-Proof Safe Harbor For Artistic Takeovers Of Works?

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"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...

Germany Intellectual Property

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"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).

Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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