Last week, Rzeczpospolita published an article by Dr. Michał Markiewicz commenting on the opinion of Advocate General Emiliou of the CJEU issued in case C-590/23 concerning pastiche in European copyright law. This opinion is very interesting in many respects, not least because the Advocate General, while openly criticizing European law for limiting creative freedom, also clearly emphasizes that the limits of permissible interpretation of the law do not allow for interpretations that open up the right of pastiche to the possibility of extensive use of other people’s works in the context of art. Particularly noteworthy is the Ombudsman’s analysis of the compatibility of European copyright law (directives) with the EU Charter of Fundamental Rights, both in relation to the right to phonograms and copyright (leading to different conclusions regarding these rights) – I describe the details in the text. Link to the article: https://www.rp.pl/rzecz-o-prawie/art42770491-michal-markiewicz-prawo-pastiszu-czy-tsue-tez-bedzie-konserwatywny
