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IRIS 2000-4:1/34 [NL] Copyright of Photographer Not Infringed in TV-Program

A photographer claimed his copyright was infringed because his photographs had been shown without his consent in a television programme of the Dutch broadcaster VPRO. The TV-program was about the problems in a certain district of Amsterdam where a lot of immigrants live. The photographer had compiled a report about this subject, which had been published in a newspaper. One of his photographs portrayed an immigrant boy. This picture was shown several times in the TV-program because of the conflict between the photographer and this boy. Also, excerpts of phone calls between the photographer and the...

IRIS 2000-3:1/18 [NL] TV Commercials Aimed at Children

The state secretary for Education, Culture and Science has answered the questions of members of the Lower Chamber of Parliament concerning the proposal for the Concession Act (IRIS 1999-8: 11). In the proposed Act the willingness to introduce restrictive measures concerning commercials that are aimed at children, is limited to the creation of a legal basis for possible further legislation and a prohibition on sponsoring children programs. The government thinks that a complete ban on commercial and public broadcasting organisations from broadcast commercials that are directed to minors, would be...

IRIS 2000-2:1/23 [NL] Damages for Electronic Rights Infringement

On 22 December 1999, the Amsterdam Court awarded damages to three freelance journalists whose newspaper articles had been republished in electronic form without their permission. For several years, newspaper publisher De Volkskrant had posted a selection of articles from its printed version on its Internet web site, and had produced quarterly CD-ROM compilations containing all newspaper copy in full-text. De Volkskrant was ordered to pay 3 % of the journalists' annual honorarium for each initial year of web site republication, and 1,5 % for each subsequent year. For CD-ROM uses the percentages...

IRIS 2000-2:1/13 [NL] TV-Journalism Has its Limits

In a judgment of 28 January 2000, the President of the District Court of Amsterdam ruled that in some circumstances the right to not be damaged in one's honour or reputation by being exposed harshly to insinuations with possible harmful results, can be more important than the right of freedom of speech. The case was as follows: a certain Mr. Van Dijk had a car crash. In his eyes his insurance agent had made not enough effort to look after his interests in relation to the settlement of the costs caused by this crash. As a response to Van Dijk's lack of trust, the insurance agent ended their business...

IRIS 2000-1:1/33 [NL] Supreme Court Ruling on Seizure of Video Tapes

On 9 November 1999 the Hoge Raad (Dutch Supreme Court) handed down its eagerly-awaited decision in the 'SBS videotapes' case. SBS, a commercial satellite-tocabletelevision station, had recorded video footage of riots in Amsterdam, only parts of which had been broadcast. Subsequently, the judicial authorities had seized the tapes, in order to obtain evidence of possible criminal acts of violence. SBS' complaint against the seizure was partly successful before the Amsterdam District Court. (See IRIS February 1999-2: 5). On appeal, however, the Supreme Court has quashed the Court's decision. Before...