Source: EURLEX
Language: en
Format: md

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| European flag | Official Journal  of the European Union | EN  Series C |

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|  | C/2023/1131 | 4.12.2023 |

Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 25 September 2023 — CG and YN v Pelham GmbH and Others

(Case C-590/23, Pelham)

(C/2023/1131)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Applicant and appellant in the appeal on a point of law: CG, YN

Defendant and respondent in the appeal on a point of law: Pelham GmbH, SD, UP

Questions referred

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| 1. | Is the provision limiting use for the purpose of pastiche within the meaning of Article 5(3)(k) of Directive 2001/29/EC [(1)](#ntr1-C_202301131EN.000101-E0001) a catch-all clause at least for artistic engagement with a pre-existing work or other object of reference, including sampling? Is the concept of pastiche subject to limiting criteria, such as the requirement of humour, stylistic imitation or tribute? |

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| 2. | Does use ‘for the purpose of’ pastiche within the meaning of Article 5(3)(k) of Directive 2001/29/EC require the determination of an intention on the part of the user to use copyright subject matter for the purpose of a pastiche, or is it sufficient for the pastiche character to be recognisable for a person familiar with the copyright subject matter who has the intellectual understanding required to perceive the pastiche? |

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ELI: http://data.europa.eu/eli/C/2023/1131/oj

ISSN 1977-091X (electronic edition)

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