Germany:
Pastiche – "Sleeping Beauty" Or Future-Proof Safe Harbor For Artistic Takeovers Of Works?
10 November 2022
Morrison & Foerster LLP
Most Popular: Article Germany, November 2022
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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.
© Morrison & Foerster LLP. All rights reserved
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