This week I wrote in Rzeczpospolita about pastiche. Ahead of the CJEU is the important task of defining the limits of this permitted use (Pelham II case, ref. C-590/23). Will EU pastiche approach an open fair use clause? Probably, regardless of the final outcome of the proceedings before the CJEU, we will get another provision in EU law that is broad in its scope and constitutes fair use (exception and limitation). The question remains open whether the CJEU will indicate only the need for noticeable modifications to the work used (one of the prerequisites of parody), or whether it will introduce an additional criterion that will rationalize the scope of the restriction. Link to article in commentary. https://pro.rp.pl/biznes/art41584881-parodia-i-pastisz-w-prawie-autorskim-czy-to-juz-fair-use
