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IRIS 2014-2:1/28 [NL] ‘Undercover in the Netherlands’ - Broadcast Held to Fall Within the Public Watchdog Role of the Media

On 4 December 2013, the District Court in Amsterdam ruled that the broadcasting of a programme by Dutch television show ‘Undercover in Nederland’ (Undercover in the Netherlands), which detailed the dangers of finding sperm donors on the Internet, fell within the responsibility of the media to spread information and ideas of public interest and to execute its vital role of public watchdog. The Court further stated that there was no need to consider the question of whether women who use the Internet to find sperm donors could be seen as a vulnerable group of “victims” that need protection, since...

IRIS 2014-2:1/27 [NL] Professional Soccer Players Cannot Claim Image Rights Relating to the Broadcast of Soccer Matches

On 10 December 2013, the Court of Appeal in Amsterdam found that soccer players have no claim to image rights relating to the broadcast of their professional soccer matches. This confirms the judgment of the District Court of Amsterdam on 24 February 2004. Every player and club in the professional soccer business in the Netherlands, is a member of the Royal Dutch Soccer Union (KNVB). The clubs receive payment from the broadcasters and television stations for the right to broadcast match reports or parts of the match. The trade union for professional soccer players (VVCS), claimed that they had...

IRIS 2014-1:1/34 [NL] Dutch Court Rules on Copyright on Format for Documentary Series

On 31 July 2013, the District Court of Amsterdam decided on the question of whether or not the format of a documentary series called “Hollandse Meesters in de 21e eeuw” ("Dutch Masters in the 21st century", hereafter: 'Dutch Masters') was protected by copyright law. The plaintiff collaborated with X on a series of filmed portraits, which consisted of 15-minute episodes displaying the methods used by an artist, the use of his materials and the artist's ideas on art. The artist was filmed in his workshop and each episode had a different director. The plaintiff had an agreement with Interakt, a series...

IRIS 2013-10:1/34 [NL] Collecting Society VEVAM Cannot Claim Compensation from Cable Companies

On 4 September 2013, the District Court of Amsterdam found that the collecting society VEVAM has no legal basis to claim compensation from cable companies for film directors concerning cable retransmission. VEVAM is a collecting society representing film directors. It acquires the director’s rights and collectively exploits them. VEVAM sued cable companies Ziggo and UPC for compensation for cable retransmissions. RODAP, the collecting society for film producers, public and commercial broadcasting organisations and distributors (e.g. cable companies), joined the proceedings in support of Ziggo and...

IRIS 2013-9:1/21 [NL] Smart TV’s in Breach of Dutch Data Protection Act

On 2 July 2013, the Dutch data protection agency (CBP) published a report stating that TP Vision, a manufacturer of Smart TVs, is in breach of the Dutch Data Protection Act (Wbp). This report is a final version following a provisional report that had previously been sent to TP Vision in March of 2013 in order for them to put forward their views on the findings. TP Vision makes Smart TVs for Philips and is the only manufacturer of such TVs in the Netherlands. Smart TVs are televisions with internet access possibilities/capabilities. Users can watch shows on-demand, rent movies, use apps and visit...