2015-07-03 | Copyright Contract Law: The world just got fairer

With the enactment of the Law on Copyright Contracts, the creative world just became a little fairer. This law strengthens the position of the author (provided this is a natural person) in relation to the party exploiting the copyright. The law is also applicable to performing artists. Both can claim a fair compensation for every exploitation […] Read more

2015-06-02 | Request by criminal to delete search engine results: denied

A criminal who was convicted for provoking murder found out that his name was still active with Google searches: when typing in his name, Google would complete the search query by his full name. The results linked to pages where his last name was shortened to the first letter. This was a.o. because a book had […] Read more

2015-05-28 | No restoration of artwork in Groningen

Several law suits have taken place to save the artwork “the Virtual Boteringe Entrance” in Groningen. Was the City of Groningen right in removing a work of light art that had been damaged? According to standing jurisprudence, an artist cannot invoke his personality rights to save an artwork from complete destruction. But if it concerns […] Read more

2015-05-22 | Golden Earring ditches its music publisher; Use it or lose it

For years music publishing house Nanada Music exploited the music of the band Golden Earring. Golden Earring was not satisfied, as Nanada would not have made enough effort to promote and distribute the music, a complaint often heard between artists. The artist who is not listened to, of course wishes to change to another publisher. […] Read more

2015-03-04 | Carnival parade in the court of The Hague

Copyright protection for carnival costumes? The interim judge of the court of The Hague did not have to answer that question in summary proceedings as an ‘urgent interest’ was missing. The question rose in a dispute between two former business partners. After their joint business in carnival costumes went bankrupt, defendant, let’s call him Peter, […] Read more

2015-01-26 | No exhaustion of the distribution right for ‘canvas transfers’

Allposters can no longer transfer images from paper posters to canvas. Canvas is an other tangible medium for which exhaustion of copyright (distribution right) can not be invoked. That follows from ECJ Allposters v Pictoright. Pictoright is a Dutch organization which manages the rights of affiliated artists. Allposters sells altered versions of well known artwork […] Read more

2014-12-24 | Rubiks Cube: Dutch Supreme Court worn out?

An addictive game, the Rubik’s Cube designed in 1974 by the Hungarian Ernö Rubik: a cube consisting of 26 mini-cubes, having a total of 54 visible surfaces divided over the 6 faces, which must be put in their own color section in rows of 3. Everybody who consciously lived through the eighties will remember the […] Read more

2014-12-23 | Facebook’s ‘new privacy policy’

Last month, Facebook notified its users that the Facebook data use policy will be amended on January 1, 2015. The data use policy is part of the terms of service and ‘regulates information Facebook receives and how that information is used’. The media and Facebook users tend to call the data use policy ‘Facebook’s privacy […] Read more

2014-11-12 | Time for the winds of change to blow

Online copyright infringement: an important subject that generally causes feelings to run high. Who should be addressed in case of online copyright infringement, for example when a consumer downloads a movie to enjoy on a lazy sunday evening? The general principle is that the rightholder directly takes legal action against the (alleged) infringer. This principle […] Read more