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On 25 July 2007, the Dutch District Court of Amsterdam delivered its judgment in a case pitting the interests of the public broadcasting organisation NOS (the umbrella organisation representing all of the Netherlands’ public service broadcasters) against the recently dismantled commercial television broadcaster Talpa - previously owned by media magnate John de Mol, one of the founders of the Endemol media empire (famous for the Big Brother reality show). The dispute concerned the coveted broadcasting rights of the national soccer league. These rights had been purchased by Talpa during the auction...

The summer months have brought good news to the Dutch film industry. On 12 July 2007, the European Commission approved two new film measures: the Suppletieregeling Filminvesteringen Nederland (Supplement to Dutch Film Investments Arrangement)and a revised version of the Regeling Lange Speelfilm (Long Feature Film Arrangement). These measures create new funds, worth a total of EUR 162 million, meant to support the production of Dutch films. The Dutch Film industry has benefited since 1999-2000 from various forms of aid. One in particular, the Film- Commanditaire Vennootschap (Film-Limited Partnership),...

The Dutch Media Authority is inter alia responsible for the practical implementation of broadcasting legislation. It fulfils this duty by means of instruments such as “policy rules”. It has recently amended existing policy rules concerning sponsorship of both commercial and public service broadcasters. Where commercial broadcasters are concerned, the Media Authority is seeking to create and promote a level playing field for the commercial television market. A number of innovations include the following: - The inclusion of the name or trademark (the latter includes logos) of a sponsor in the title...

The public service broadcaster TROS had included nine fragments, lasting a total of three minutes and 12 seconds, of a documentary entitled “China Blue” in one of its news programmes. The Dutch Film Fund, which holds an exclusive licence in respect of the documentary, took TROS to court claiming its copyright had been infringed. TROS argued before the court, on the grounds of several articles of the Dutch Copyright Act, that it had not acted in breach of the Fund’s rights in the documentary. The decisive argument was based on Article 15a of the Dutch Copyright Act, which allows a work to be quoted...

The Commissariaat voor de Media (Media Authority)has issued adapted policy rules concerning fines on broadcasters. The new fining system entered into force on 1 May 2007. Two innovations have been made with the introduction of a short-term fine and a so-called “repeat fine”: the first is the result of an accelerated procedure to swiftly sanction broadcasters in breach of their obligations, the second is intended for broadcasters who remain in violation of their obligations. A hearing is no longer required to impose the sanctions. The main reason behind these measures is that broadcasters - especially...