Germany: Copyright

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Article
German Federal Court Of Justice Applies CJEU’s ‘Pastiche’ Doctrine And Confirms Lawful Music Sampling
The German Federal Court of Justice has delivered a landmark ruling in the decades-long "Metall auf Metall" litigation, applying the EU Court of Justice's framework to determine whether unauthorized music sampling can qualify as lawful "pastiche" under German copyright law. This decision provides crucial guidance on the boundaries between copyright protection and creative reuse in the music industry, while confirming that pastiche remains a narrowly structured exception rather than a general license to samp
Germany IP
GT
Greenberg Traurig, LLP
Article
Der Bundesgerichtshof wendet die „Pastiche“-Doktrin des EuGH an und bestätigt die Rechtmäßigkeit von Musik-Sampling
The German Federal Court of Justice has delivered a landmark ruling in the decades-long "Metall auf Metall" litigation, applying the EU Court of Justice's framework to determine whether unauthorized music sampling can qualify as lawful "pastiche" under copyright law. The decision examines whether a two-second rhythm sequence from Kraftwerk's 1977 recording, used repeatedly in a 1997 song, constitutes permissible artistic dialogue or copyright infringement.
Germany IP
GT
Greenberg Traurig, LLP
Article
The Price Of Literary Fame – EUIPO Grand Board Refuses Registration Of “GEORGE ORWELL” As A Trademark
In a major decision dated December 19, 2025 (R 2248/2019-G), the Grand Board of Appeal of the EUIPO ruled that the word mark “GEORGE ORWELL” cannot be registered as an EU trade mark (EUTM) for goods and services such as books, films, recorded media, and entertainment, cultural, and educational services. The decision provides important clarification on the registrability of famous persons’ names in cases where such names may be perceived by the relevant public as describing the content or subject matter of the goods and services concerned, rather than their commercial origin.
Germany IP
BP
Bardehle Pagenberg
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