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The Netherlands: a hyperlink to unfindable files

bdpb“In that case, the publication of an hyperlink is, in principle, not an autonomous communication to the public”

It is a common fact that the sex-industry, along with the arms industry,  is a driving force behind many new developments. Porn is a major force on the internet and it also shouldn’t come as a surprise that important legal questions surface in porn-related cases. One example is the recent  commotion in Germany about tens of thousands of cease and desist letters for watching a porn-stream on the internet (see this earlier blog) and another example is a judgment of the Amsterdam Court of Appeal in a case about playboy-photo’s that were leaked to or found by other media an [...]

“Backseat conversations” not protected by copyright

endstra“The occasional use of an unusual expression – such as “she has a black belt in shopping, so uh …” to describe the shopping behavior of Endstra’s wife  – is not enough to make a copyrighted work of an otherwise banal or trivial designed conversation.”

Amsterdam Court of Appeal, 16 Juli 2013 (Endstra heirs vs. Nieuw Amsterdam Publishers).

The 2008 decision of the Dutch Supreme Court in the Endstra-tapes case was, in the words of Professor Hugenholtz , “the most controversial decision of the decade. The case concerned the  question whether the so called ‘backseat conversations,’  a series of conversations between the resale estate investor Willem Endstra and the Dutch police on [...]

Portrait rights: Johan Cruijff’s cashable popularity

Johan-Cruijff-De-Ajacied“When it is established or not contradicted that a reasonable remuneration has been offered, additional circumstances will be necessary in order to conclude that publication is indeed illegitimate.”

In an interesting case about the portrait rights of the legendary Dutch football (soccer) player Johan Cruijff, the Supreme Court of the Netherlands recently ruled that a portrait right is not an exclusive right and that a commercial interest can make a difference, unless a reasonable remuneration has already been offered.

Johan Cruijff argued that the publication by the defendant, a Dutch publisher, of a photo book about the years that Cruijff played for Ajax Amsterdam, infringed his ‘right of [...]

Netherlands: police copyright vs. police drama series

Dr.-Tinus-Ken-“The viewer will not experience it as real and will even consider it to be weird, amateurish or even ridiculous.”

In a case about the use of the ‘house style’ of the Dutch police, the summary proceedings judge  District Court Amsterdam ruled this week that the Dutch State has to give permission to the producer of the television series ‘Doctor Tinus’ for the use of the police-logo, the police car-striping  and  other elements of the  house style of the Dutch police.

In this case, the Dutch State took the position that the State doesn’t  have to give permission for the usage of elements of the ‘police house style’ and the other features of the police in fictional movies or s [...]

NL: Confusing slavish imitation of a painting style is not illegitimate.

Duijs Broer small“The law does not allow for additional protection of the maker of a work against so-called slavish imitation of a style or of elements of style.”

Supreme Court of the Netherlands, 29 March 2013 (Duijsens/Broeren).   

Although the legal concept of coat-tail riding is usually associated with trademark law, it is certainly not unfamiliar to copyright law. But whereas in trademark law the mere association with a popular brand is used to sell the non-identical brand of the coat-tail rider, in copyright law it is often the style of an artist or a work , that is used as a means to stay as close to these work(s) without literally imitating them.

Unfortunately for those whose coat-tails are r [...]

No separate remuneration for renewal of library book loan

Supreme Court of the Netherlands, 23 November 2012,  Foundation for Public Lending vs. Association of Public Libraries.

Lending right.  According to the Supreme Court of The Netherlands there is no legal obligation to pay a separate  remuneration  for a renewal of a library book loan and the extension of  the due date.  Plaintiff, the Foundation for Public Lending, a collective society, sued the Association of Public Libraries and argued that  the refusal to collect such a separate payment was contrary to the three-step test.

The Supreme Court ruled that the payment of remuneration based on art. 15g of the Dutch Copyright Act (DCA) is not to be  determined by the number factual loans [...]

An end to The Netherlands as an IP tax haven?

Yesterday, the European Parliament adopted a resolution by which it urges EU Member States to combat tax fraud and evasion. The resolution was adopted by a large majority, 538 votes in favour to 73 against. What could make this tax-resolution of interest for copyrightholders and holders of other IPR’s is the suggestion that very popular (and completely legal) tax constructions with regard to royalties might be abolished as a result of this resolution.

The so-called Dutch mailbox-construction, reportedly used by many non-Dutch rock stars and sports stars, but also by large multinationals as Coca-Cola, Ikea and Gucci, is one of the constructions that is targeted by the resolution. According [...]

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