“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…
“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….
“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…
“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…
“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….
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…
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…
