European Union: Court of Justice issued judgment on pastiche exception for sampling existing recordings

On 14 April 2026, the Court of Justice of the European Union (Grand Chamber) issued a judgment clarifying the scope of the "pastiche" exception under Article 5(3)(k) of Directive 2001/29/EC on copyright and related rights. The judgment applies to creators, producers, and users of copyright-protected works, particularly those engaged in musical sampling. The pastiche exception is a copyright law provision allowing the use of existing works to create new, recognisable artistic, humorous, or critical works. The Court held that pastiche is not a catch-all exception covering any artistic engagement with an existing work but rather applies to creations that evoke existing works whilst being noticeably different from them, using characteristic protected elements. This includes sampling, to engage in a recognisable artistic or creative dialogue, whether through stylistic imitation, tribute, or humorous or critical engagement with concealed imitations and plagiarism expressly excluded. The Court further held that whether a use qualifies as pastiche must be assessed objectively, such that it is sufficient for the pastiche character to be recognisable to a person familiar with the original work, without any need to establish the user's subjective intent.