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IRIS 2005-8:1/27 [NL] BREIN's Successful Bid to Halt the Distribution of Circumvention Devices

On 21 July 2005, the District Court in Rotterdam rendered its judgment on a lawsuit initiated by Bescherming Rechten Entertainment Industrie Nederland (Protection of Dutch Entertainment Industry Rights - BREIN). This is the first time BREIN has initiated proceedings on the grounds of Article 29a of the Dutch Copyright Act and Article 19 of the Dutch Performers and Phonograms Act. Both articles implement the provisions of the European Copyright Directive that forbid the circumvention of technological protection measures and the commercial distribution of circumvention devices. The BREIN foundation...

IRIS 2005-6:1/33 [NL] Muslim Organisations Must Share their Allocated Public Broadcasting Time

The Beleidslijn zendtijdaanvragen van kerkgenootschappen en genootschappen op geestelijke grondslag (the Policy on applications for broadcasting time from religious and other spiritual organisations) based on Section 39f of the Mediawet (the Dutch Media Act), according to which the Commissariaat voor de Media (the Dutch Media Authority) may allocate public national broadcasting time to religious and other spiritual organisations once every five years, recognizes Islam as one of the seven main religions and other spiritual organisations (see IRIS 2004-5: 14). However, it is up to the applicant organisation...

IRIS 2005-6:1/32 [NL] Cable Exploitation Companies and Copyright

On 7 April 2005 the Amsterdam preliminary Court rendered a decision settling a dispute between a consortium of cable operators and the Bureau voor Muziekauteursrecht (Mediation Society for Collection of Music Copyright - BUMA). The Court ordered the parties to negotiate the contested payable amount of authors' rights within a frame of time not exceeding 1 October 2005. In 1985 the cable operators contractually agreed upon the amount of authors' rights payable for the transmission of works represented and protected by BUMA. Television broadcasting organizations in particular (public as well as commercial...

IRIS 2005-5:1/25 [NL] Governmental Agreement on Modifications to the Public Broadcasting System

On 26 March 2005, the representatives of the three coalition parties of the right-wing / Christian democratic government (D66, CDA and VVD ) reached a political agreement which encompasses several topics including a proposal for future media policy. This so called Paasakkoord (Easter Agreement) is a direct consequence of the Opposition's refusal to endorse one of D66's main political aims- namely, the introduction of an elected mayor- thereby forcing the ruling parties to revise their coalition agreement. The agreement addresses a number of priorities among which a proposed media policy regarding...

IRIS 2005-5:1/18 [NL] New Recommendations on Freedom of Expression, Access and Privacy

A new set of Recommendations on freedom of expression, access to information and means of communication, and privacy, was adopted at a recent international conference organised by the Netherlands National Commission for UNESCO. The Recommendations, which focus in particular on the exercise of these rights in an online environment, are divided into a preamble and three substantive sections: human rights protection, access and privacy. The section, “Human rights protection”, opens with a reminder of some of the procedural safeguards governing regulations with a potentially restrictive effect on the...