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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.

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Articles

  • Updates/ Posted

    A new future for sounds and scents?

    A new future for sounds and scents?

    Trademark law has a long history of high-profile cases. The constantly innovating digital society keeps providing new opportunities. The European agenda was completed with a new task in 2014: intensifying and modernizing the EU Intellectual Property framework. The new EU Trademark Regulation and Trademarks Directive entered into force on 23 March 2016. The new regulations should make the current trademark regulation more effective, efficient and consistent. How much will the new regulation affect the possibility to register sound and scent trademarks?

  • 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

    A football coach, what does it cost?

    A football coach, what does it cost?

    For Nederlandsmedianieuws.nl Remco Klöters wrote an article about the fee for using a portrait of former coach Van Gaal. Below you find a short introduction and a link to the full article (in Dutch).

     

    Few events are as lucrative for the middle classs as the World Cup Football. At least if we participate... But not everything is possible. In late January this year, the Amsterdam Court decided an advertising agency should pay a fee of € 25.000,- for using the portrait of Van Gaal. How could the court establish such an amount?

  • Updates/ Posted

    False reviews: who's to blame?

    For Nederlandsmedianieuws.nl Remco Klöters wrote an article about online false reviews. Below you find a short introduction and a link to the full article (in Dutch).

     

    ''False, misleading and inauthentic'' Amazon said about the reviews posted by more than a thousand payed reviewers on its website. After addressing websites in April 2015 for offering fake reviews, Amazon is now focussing on the reviewers themselves. They were sued before a court in Seattle last month.

     

    Who is not confronted with friendly and urgent requests to like the Facebook-page of the local bakery, appreciate a call centre after violently ending the call and to give five stars to your grumpy taxi driver. Nowadays, the importance of likes, reviews and ratings is undisputed.

     

    Unfortunately, with the increasing importance the reliability of reviews also diminishes and more and more publications about unreliable, false reviews appear.

  • Updates/ Posted

    European Safe Harbour Decision invalid

    European Safe Harbour Decision invalid

    The European Court of Justice (''ECJ'') has rendered an important judgment in a case about the transfer and storage of European personal data in the United States. The court ruled that the European Safe Harbour Decision does not provide an adequate level of protection of personal data. Based on this agreement organisations such as Google, Facebook, Microsoft, Apple, Amazon and Twitter got permission to store data from Europeans in the U.S. In total there are over 5000 organisations transferring personal data based on these decision.

     

    Background: Schrems vs. Facebook
    The ruling is the final judgment in a case between the Austrian student Maximillian Schrems and Facebook. All Facebook subscribers residing in Europe must sign an agreement with Facebook Ireland, an Irish subsidiary of the American Facebook Inc. The data provided by subscribers to Facebook is transferred, in whole or in part, to servers in the U.S., where it is processed. Schrems lodged a complaint with the Irish supervisory authority (the Data Protection Commissioner). According to Schrems the law and practice of the U.S. do not offer sufficient protecion against surveillance by the public authorities of the data transferred to the country. He aims at the revelations by Edward Snowden in 2013 concerning the activities of the U.S. intelligence services and in particular the National Security Agency (''NSA'').

     

    The Irish authority rejected the complaint on the ground that in a decision of the European Commission (''EC'') in 2000 considered that, under the 'safe harbour' scheme, the U.S. ensures an adequate level of protection of the personal data transferred. Scherms brought the case before the High Court of Ireland, that referred the case to the ECJ.

  • Updates/ Posted

    No copyright on 'Happy Birthday'

    No copyright on 'Happy Birthday'

    It is official: the song 'Happy Birthday' is not copyright protected. This is the judgment of an American judge on 22 September 2015. Warner/Chappell Music was claiming copyright on the birthday classic. According to calculations Warner/Chappell would annually receive up to 2 million dollar based on copyright of the song.

     

    The discussion about the copyright of Happy Birthday started a while ago by documentary maker Jennifer Nelson. She was producing a film about the song and received an invoice from Warner/Chappell for the use of the song in her film. She was not sure if Warner/Chappell's claim was justified and initiated legal proceedings.

  • Updates/ Posted

    VOGUE Netherlands launches VOGUE Man

    VOGUE Netherlands launches VOGUE Man

    After France, Italy and Turkey The Netherlands are next in line. G+J media launches the 'fashion bible' for men: VOGUE Man. In stores as of Thursday 24 September. 

     

    VOGUE Man is a brand-extension of the Dutch edition of the internationally renowned high-fashion magazine VOGUE. The first edition contains amongst others fashion shoots inspired on Dutch style icons from the past, such as Ramses Shaffy and Johan Cruijf. Also included is a double-interview with photographer and director Anton Corbijn and actor Dane DeHaan about Corbijns latest movie 'Life'.

  • Updates/ Posted

    Contract Check: your contracts up-to-date

    Contract Check: your contracts up-to-date

    On 1 July 2015 the new copyright contract rules went into force. As mentioned in our latest update the amendments in the Dutch Copyright Act have consequences for makers and publishers of copyright works. The new rules are therefore important for the contract practice of all media sectors. Are your contracts already up-to-date?

     

    The team of Van Kaam advocaten offers you the opportunity for a Contract Check for both existing and new contracts and/or terms and conditions regarding exploitation, licensing and/or publishing of copyright works.

  • Updates/ Posted

    Dutch Copyright Contract Act into force

    Dutch Copyright Contract Act into force

    On July 1st 2015 the Dutch Senate adopted the new Copyright Contract Act. The objective of this act is to strengthen the position of authors and performing artists (hereinafter referred to as 'the maker') in relation to the publishers of their works.

     

    The act expands the Dutch Copyright Act 1912 with a new chapter: 'Chapter 1A the exploitation agreement'. The provisions in this chapter only apply to contracts between individual makers and intermediaries exploiting their works. The new rules do not apply to contracts stipulating the use of commissioned works, simple user licenses or other agreements with users/consumers.

     

    The most important amendments in the Copyright Contract Act:

  • Updates/ Posted

    Liability of an Estonian newswebsite

    Liability of an Estonian newswebsite

    For Nederlandsmedianieuws.nl Remco Klöters wrote an article about the liability of newswebsites for readers' comments. Below you find a short introduction and a link to the full article (in Dutch).

     

    bloody shitheads... (...) sick jew! / go and drown yourself / (...) assholes fck / Lynching, to warn the other [islanders] and would-be men.

     

    This is a selection of offensive, but not quite unusual readers’ comments from the Delfi website (www.delfi.ee), a commercial Estonian newsportal comparable to the Dutch Nu.nl.

    Delfi publishes up to 330 articles a day which receive approximately 10.000 (!) readers’ comments daily, the majority posted under pseudonyms.

  • Updates/ Posted

    Trademark hijacking with Roy Donders

    For Nederlandsmedianieuws.nl Remco Klöters wrote an article about the trademark rights of Roy Donders (Dutch celebrity stylist and reality star). Below you find a short introduction and a link to the full article (in Dutch).

     

    Do you know the latest business model in marketing? Hijack the name of a Dutch celebrity as a trademark and then introduce yourself as the new 'strategic and creative online partner of trademarks'. This strategy was used last year by a marketing agency from Waalwijk (the Netherlands).

  • 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

    Update Google right to be forgotten

    Update Google right to be forgotten

    For Nederlandsmedianieuws.nl Remco Klöters wrote an article about the right to be forgotten. Find a short introduction and a link to the full article (in Dutch) below.

     

    Almost a year since the European Court of Justice ordered Google to guarantee the ‘right to be forgotten’, it is time for an update. I already addressed this matter last year. Is it easy to successfully do such a Google-request? And if it fails, is the Dutch court willing to interfere and uphold the law? On March 31st the Dutch Court of Appeal gave its first judgment in this matter.

  • Updates/ Posted

    Right to use your own name

    For Nederlandsmedianieuws.nl Remco Klöters wrote an article about the right to use your own name. Find a short introduction and a link to the full article (in Dutch) below.

     

    Let’s assume: you are a proud Italian woman named Gabriella Capra. Nothing wrong with that, you would think.

     

    But then the translators of Peppa Pig, a British animation series full of happy farm animals, decided to give the goat in that series your name. Capra translates to goat in Italian and Gabriella Goat became Gabriella Capra. Hard times are ahead for the Italian…

  • Updates/ Posted

    Apps and privacy: what are the rules?

    Apps and privacy: what are the rules?

    For Emerce.nl Nils Winthagen wrote an article about apps and privacy. Below is a brief introduction and a link to the full article (in Dutch).

     

    Lately there is a lot going on about apps and privacy. Recently, Blink Uitgevers (a publisher) was reprimanded by the Dutch Data Protection Authority (CBP) with regard to their app for children 'Okki Gekke-bekken-club'. The app processed personal data of children which was in conflict with the rules of the Dutch Data Protection Act. Companies and individuals like to experiment with apps and their economic application. The right moment to highlight the privacy rules with regard to apps.

  • Updates/ Posted

    Porn Pino

    Porn Pino

    For Nederlandsmedianieuws.nl Remco Klöters wrote an article about copyright and Big Bird. Below is a brief introduction and a link to the full article (in Dutch).

     

    Is there any news about the investigation regarding Pino - the Dutch version of Sesame street’s Big Bird - that was announced after Pino was seen at the Amsterdam dance festival Valtifest?

     

    The Dutch broadcasting organisation NTR was not amused when she was told about Pino being accompanied by scantily dressed dancers and men with whips. NTR would start an investigation, but after this nothing was heard ever since. Since I am a media lawyer I investigated it myself. 

  • Updates/ Posted

    Second-hand e-book market permitted?

    Second-hand e-book market permitted?

    For Emerce.nl Nils Winthagen wrote an article about copyright and the second-hand e-book market. Below is a brief introduction and a link to the full article (in Dutch).

     

    In 2013 there were 1,95 million e-books sold, which was about 3,2 percent of the overall book sales. This does not seem much, but the e-book marktet is one of the markets that has been badly affected by piracy. The new website Tom Cabinet will make the market for legal e-books more attractive by offering an online marketplace for used e-books. The portal has only just started, but already they received a claim by the Dutch Publishers Association (NUV) due to copyright infringement. Parties were in front of the court on the 10th of July 2014.

  • Updates/ Posted

    Google degoogled!

    Google degoogled!

    For Nederlandsmedianieuws.nl Remco Klöters wrote an article about Google and the right to be forgotten. Below is a brief introduction and a link to the full article (in Dutch).

     

    On May 13, 2014 the European Court of Jusitice ruled a ground-breaking judgement regarding the obligations for search engine operators.

     

    According to the Court, people have the right to 'be forgotten' and should therefore have the possibility to object to publications of incorrect or (no longer) relevant information that is made available to the public by search engines like Google. This was a surprise, since year it seemed that such a right did not exist.

  • Updates/ Posted

    A principled obligation to block copyright infringing websites

    A principled obligation to block copyright infringing websites

    For the Dutch Magazine for Internet Law Hanneke van Lith was co-author on an annotation about the judgement of the Court of Justice regarding the obligation to block copyright infringing websites. Below is a short introduction and a link to the full article (in Dutch).

     

    New technologies make it possible to digitally exchange information faster, more often and in bigger quantities. Communication is key! On the other hand these technologies also allow more abuse. This particularly concerns the violation of copyright on the internet, for example through P2P webistes or so-called torrentwebsites. Therefore for a while right holders have been in a constant battle against websites that make their works available to internet users without their permission.