Advocate General opinion on pastiche and music sampling (Pelham II))
IP analysis: The case of CG, YN v Pelham GmbH, SD, UP examines whether a two-second sample from the claimant’s song which is used in a hip-hop track qualifies for the pastiche exception under Article 5(3)(k) of Directive 2001/29/EC (the EU InfoSoc Directive). Advocate General (AG) Emiliou opined that, to fall within the pastiche exception, the work at issue must be noticeably different from the source material and must be intended to be recognised as an imitation. The definition of pastiche has not yet been considered by the Court of Justice, potentially making this an important case for creatives industries.