The CJEU Pelham decision: only recognizable samples as acts of reproduction?
Moses Pelham Earlier this week, The IPKat reported [ here , here , here ] on three new, seminal copyright decisions of the Court of Justice of the European Union (CJEU) and promised a more detailed analysis. It also noted that these referrals had at least three things in common: they all concerned (to a greater or lesser extent) the interplay between copyright and fundamental rights; the same Advocate General ( AG Szpunar) had delivered an Opinion in all the cases; and they were decided by the Court in a Grand Chamber composition (15 judges, instead of the usual chambers of 3 or 5 judges). Now that the decisions are available, there is a fourth element of identity between them, and that is that they also share the same Judge Rapporteur ( Judge Ilešič ). Let’s get started with the first judgment, the one concerning sampling of musical content: Pelham , C-476/17 (also known as the Metall auf Metall case). For a summary of the factual backgro