What should pastiche mean in a copyright context?

The meaning of the pastiche exception remains enigmatic even two decades after its incorporation into EU law. This chapter explores the background development of copyright flexibilities, which has led to the current interest in pastiche and then attempts to shed light on the meaning of the term itself. Starting from pastiche’s use in everyday language, the chapter next analyses the exception’s context and evaluates its purpose, focusing on the underlying balance of clashing fundamental rights. It is argued that a broader understanding of pastiche in copyright law is more appropriate for fulfilling legislative objectives. National interpretations of the term are contrasted, along with a specific evaluation of the recently adopted German understanding of pastiche. Lastly, this chapter assesses the key dilemmas which the CJEU will have to clarify, faced with a request for defining pastiche in a preliminary ruling in Pelham II . Considering this context, a few suggestions are made towards crafting a pastiche exception capable of functioning as a meaningful flexibility tool for balancing fundamental rights within copyright law.