Judgment of the Court (Grand Chamber) of 14 April 2026 (request for a preliminary ruling from the Bundesgerichtshof – Germany) – CG, YN v Pelham GmbH, SD, UP

(Case C-590/23, (1) Pelham (Concept of ‘pastiche’))

(Reference for a preliminary ruling - Copyright and related rights - Directive 2001/29/EC - Information society - Harmonisation of certain aspects of copyright and related rights - Article 2 - Reproduction right - Article 5 - Exceptions and limitations - Article 5(3)(k) - Concept of ‘pastiche’ - Use ‘for the purpose of’ pastiche - Reproduction of parts of a phonogram (sampling) - Fundamental rights - Charter of Fundamental Rights of the European Union - Article 11 - Freedom of expression - Article 13 - Freedom of the arts - Article 17 - Right to property)

(C/2026/3133)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Appellants in the appeal on a point of law: CG, YN, acting as successor in title to RL

Respondents in the appeal on a point of law: Pelham GmbH, SD, UP

Operative part of the judgment

Article 5(3)(k) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society

must be interpreted as meaning that the exception for ‘pastiche’, within the meaning of that provision, does not have a catch-all nature (Auffangtatbestand) but covers creations which evoke one or more existing works, while being noticeably different from them, and which use, including by means of sampling, some of those works’ characteristic elements protected by copyright, in order to engage with those works in an artistic or creative dialogue that is recognisable as such and that can take different forms, in particular the form of an overt stylistic imitation of those works, of a tribute to them or of humorous or critical engagement with them.

Article 5(3)(k) of Directive 2001/29

must be interpreted as meaning that, in order for use to be ‘for the purpose’ of pastiche, within the meaning of that provision, it is sufficient that the ‘pastiche’ nature be recognisable for a person who is familiar with the existing work from which the elements have been borrowed.

(1) OJ C C/2023/1131.