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IRIS 2000-9:1/22 [NL] RTL4 and RTL5 Submitted to Dutch Media Act

Holland Media Groep (Holland Media Group – HMG) is a commercial broadcasting corporation, which broadcasts television programs on channels RTL4 and RTL5. By a decree dated 20 November 1997 the Commissariaat voor de Media (Dutch Media Authority) decided that: - HMG must be seen as the broadcasting corporation that is responsible for the programs broadcast by RTL4 an RTL5; - HMG is subject to the authority of the Netherlands and thereby to the supervision of the Commissariaat voor de media; - The Commissariaat voor de Media allows the making of television programs by HMG and broadcast of these...

IRIS 2000-8:1/24 [NL] Systematical Deeplinking Not Prohibited

Several daily newspapers published by PCM Uitgevers (PCM Publishers) have a web site on the Internet, which contains a selection of news reports and articles originating from their published newspapers. Each of these reports and articles has a title and the homepage of every newspaper contains a complete list of titles that are inserted on the web site. Eureka, a company that provides internet services, has a web site at "www.kranten.com" ("kranten" means newspapers). One of the web pages of this site contains the names of the daily newspapers and also a list (updated daily) of the titles of reports...

IRIS 2000-8:1/15 [NL] Concession Granted to the Netherlands Broadcasting Corporation

On 31 March 2000, the Concessiewet (Concession Act) became effective. The Concession Act contains a description of the tasks assigned to public broadcasting and new rules concerning the granting of concessions and recognition of broadcasting associations aimed at facilitating the fulfilment of these tasks. The Mediawet (Media Act), as amended by the Concession Act, allows only one concession to be granted. In accordance with Article IV of the Concession Act and Article 30a of the Mediawet a concession for a period of ten years has been granted by Royal decree dated 17 August 2000 to the Nederlandse...

IRIS 2000-7:1/32 [NL] Preliminary Questions on Equitable Remuneration

In 1986, the Nederlandse Omroep Stichting (the Netherlands Broadcasting Foundation - NOS) and the Nederlandse Vereniging van Producenten en Importeurs van Beeld en Geluidsdragers (the Dutch member of IFPI - the International Federation for the Phonographic Industry) reached an agreement obliging the NOS to pay annual remuneration for the use of the rights of performers and producers of phonograms. On 1 July 1993, the Wet op de Naburige Rechten (the Dutch neighbouring rights act - WNR) came into force. Article 15 WNR appoints Stichting ter Exploitatie van Naburige Rechten (Foundation for the Exploitation...

IRIS 2000-7:1/31 [NL] Producer is not a Performing Artist under Neighbouring Rights Act

Peters and Co are producers and members of the Genootschap van Onafhankelijke Geluidsproducenten (a Dutch independent association of soundproducersGONG). Peters and Co has requested de Stichting ter Exploitatie van Naburige Rechten (Foundation for the Exploitation of Neighbouring Rights - SENA) to distribute the SENA-revenues also to them and to other producers, but SENA refuses. Peters and Gong want producers to be considered as performing artists according to Article 1 sub a of the Wet op de Naburige Rechten (the Dutch neighbouring rights act - WNR) or producers of phonograms in the sense of...