Van Kaam advocaten

K
K
 

IP, media and privacy law are constantly moving. Its boundaries are challenged daily. What's allowed and what's not. Herein lies the core of our work. Work that keeps challenging and inspiring us.

filter on category:

Articles

  • Updates/ Posted

    Plagiarism or just coincidence?

    Plagiarism or just coincidence?

    The British singer-songwriter Ed Sheeran is accused of copyright infringement. Songwriters Martin Harrington and Thomas Leonard - who wrote the song 'Amazing' - claim that Sheeran's song 'Photograph' is similar to 'Amazing' (which is sang by Matt Cardle). According to the songwriters, it is abundantly clear that it was copied.


    The similarities would include the following:
    - identical tunes and an identical rhythm (mainly in the refrain);
    - identical lyrics; and:
    - a similar style.


    How would a Dutch judge assess such a case? Is there any similarity? Moreover, are the described elements copyright protected?

  • Updates/ Posted

    Flexible rules on advertisment and sponsoring

    Flexible rules on advertisment and sponsoring

    The European Commission is currently working on its Digital Market Strategy. In that context it recently presented its proposal for a new version of the Audiovisual Media Services Directive. It is an update that should respond to the current way in which we interact with audiovisual media.


    The current Directive applies to commercial and public broadcasting companies. With the new rules it will also apply to providers of VOD-services and online video platforms. Under the Commission's proposal the rules for broadcasters are more flexible, while it imposes more obligations to online video platforms. The Commission claims that the latter should fall within the scope of the Directive. Below you will find a brief summary of the proposal.

  • Updates/ Posted

    AVROTROS claims victory at High Court: no disclosure raw footage

    AVROTROS claims victory at High Court: no disclosure raw footage

    Victory for journalism in the Netherlands. The High Court of The Hague reached an early judgment about the forced disclosure of the complete raw footage by AVROTROS to telecom provider Pretium. The judgment cancels the earlier decision of 2 February 2011 by the District Court of The Hague. In that decision AVROTROS was convicted to disclose the complete raw footage to Pretium with regard to the broadcast of television program Radar in which hidden camera footage from a call center of Pretium was broadcasted. Hereinafter follows an overview of the most important considerations of the High Court.

  • Updates/ Posted

    The new policy of the CvdM

    The new policy of the CvdM

    For the magazine Mediaforum Bertil van Kaam wrote an article about the new policy of the Dutch Media Authority, called Commissariaat voor de Media (CvdM). Below you find a short introduction and a link to the full article (in Dutch).

     

    'With a straight back' headlines the column by Commissioner De Cock Buning in Broadcast Magazine a few weeks ago. She does not fully understand the resentment that has risen in the media as a result of the recent fines imposed by the CvdM. The Dutch public broadcaster NTR received a fine of € 150.000,- for the children's program Sinterklaasjournaal and another Dutch public broadcaster Omroep Max received a fine of € 162.000,- for the program Heel Holland Bakt. According to De Cock Buning the Dutch Media Act is very clear - she would prefer broadcasters to say 'you are right we accept the penalty and prevent further violations in the future'. But with the new policy of the CvdM the question is whether that is realistic. After all, both decisions show a broad interpretation of the rules of the Dutch Media Act by the CvdM and that it imposes high fines when it decides these rules are violated.

     

  • Updates/ Posted

    No ban on broadcast AVROTROS

    On Monday afternoon 25 February 2015, the “Foundation Lottery Loss” (Stichting Loterijverlies) tried through summary proceedings before the District Court Midden-Nederland to enforce a preventive ban on the broadcast of the popular consumer television program “Radar”. The foundation recently achieved a victory before the Supreme Court against the State Lottery and urges people who have participated in the lottery between 2000 and 2007 to register with them. Loterijverlies claims that these people could get their deposit money back and/or would be entitled to damages. The foundation feared that in this particular episode of Radar, the activities of the Foundation would be ridiculed and more specific, that its participants would not be entitled to any damages. The District Court however dismissed the claim directly after the hearing. 

  • Updates/ Posted

    Life by Anton Corbijn

    Life by Anton Corbijn

    Life, the latest movie by Anton Corbijn, premiered earlier this month on the Berlin Filmfestival.

     

    The movie tells the story of the friendship between James Dean (Dane DeHaan) and Dennis Stock (Robert Pattinson), photographer for the magazine 'Life'. The friendship between the two results from the fact Stock oftenly portrayed Dean for the magazine. The story is set in 1955 and is shot in Canada and the V.S.

  • Updates/ Posted

    Anton Corbijn creates concert film Depeche Mode

    Anton Corbijn creates concert film Depeche Mode

    The DVD and album Alive In Berlin  will be released on November 17th 2014. Corbijn already worked with the band several times and shot numerous music video's and has photographed them regularly. The film is about the German shows of Depeche Mode and inter alia contains images behind the scenes, interviews and an acoustic session at the oldest hotel in Berlin.

  • Updates/ Posted

    G+J Publishers introduces: National Geographic Historia

    G+J Publishers introduces: National Geographic Historia

    In a time where the printed magazine seems to be on its return, G+J Publishers proves this is a wrong assumption. She introduces a new magazine, National Geographic Historia. A spin-off of the well-known magazine National Geographic.

     

    The new magazine focuses on history in the broadest sense and its essence will be 'beautiful illustrated classic history'. CEO Eric Blok mentions that it will be 'just a magazine for people who are interested in history and still actually have the time to read'.

  • Updates/ Posted

    Amalia protected

    Amalia protected

    For Nederlandsmedianieuws.nl Remco Klöters wrote an article on the portrait right of Princess Amalia. Below is a brief introduction and a link to the full article. 

     

    Do you remember? Last year, Nieuwe Revu was all over the news with an article on the Media Code, show- casing two photos of the six year old hockey-playing Amalia. The Royal Family was not amused - resulting in a procedure. Main question: was this publication allowed? No, said the magistrate. The public doesn't have the right to know anything of Princess Amalia, even though she's the queen to be. She holds a right to privacy, especially now that she's still a minor.

  • Updates/ Posted

    Rubinstein publishers introduces Storytel

    Rubinstein publishers introduces Storytel

    The Swedish 'Spotify for books' is a service with a lot of potential according to Rubinstein.

     

    They are very exited that this service will be available in the Netherlands. The service could even cause a decrease in illegal e-book trade.

  • Updates/ Posted

    New musical about Willem Ruis

    New musical about Willem Ruis

    A new musical about the key figure of the Dutch public broadcaster VARA will be premiered in november next year.

     

    Janke Dekker Productions anounced this on her website. Seventy years after the birthday of the TV-icon of the 70s and 80s Janke Dekker Productions presents  Willem Ruis, De Show Van Zijn Leven