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IRIS 1997-3:1/12 [NL] Rejection of copyright infringement claims relating to formats

In 1996 the President of the Amsterdam District Court had to decide a number of conflicts concerning formats. In the summary proceedings in the case of Beydals (plaintiff) vs TROS (defendant), between 1984 and 1989, the plaintiff had developed a programme format for a television series about computers and automation. She offered a pilot of this format to the broadcasting association TROS, which neglected the offer. In 1995 an employee of TROS developed a format for a series of TV shows about computers, multimedia applications and the like. At the time of the trial, five of the seven episodes had...

IRIS 1997-3:1/10 [NL] Digital satellite delivery infringes copyright

The digital direct-to-home (DTH) delivery by satellite of a "bouquet" of digitized television programs constitutes a separate act of communication to the public under Dutch copyright law, for which the operator of the service is liable. That is the essence of the decision by the President of the District Court of Utrecht in the case of Buma vs. Nethold, decided on 21 February 1997. The case is the first one that has been decided under the new regime of the Council Directive of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable...

IRIS 1997-2:1/25 [NL] Proposal for only one public broadcaster after the year 2000

On 8 November 1996 the Dutch Government approved a proposal to grant after the year 2000, only one broadcasting licence for all the broadcasters broadcasting at present in the public broadcasting system of the Netherlands. At the moment, the different broadcasters in the public broadcasting system have a licence for five years which will expire in 2000. The proposal of the Dutch Under-Secretary of State for Culture is a reaction to the recommendations on the future of the public broadcasting system made in June of this year by the Commissie Ververs ( see IRIS 1996-7: 11). The Government underlines...

IRIS 1997-2:1/20 [NL] Access to cable update

In addition to the decisions summarized in IRIS 1997-1: 13), the Dutch Media Authority (Commissariaat voor de Media) has made three other rulings in disputes over access to cable networks. With regard to the complaint of MTV, in which case the Authority made an interim decision on 30 July 1996 ( see IRIS 1996-8: 14), the Authority made a final ruling on 20 December 1996 which is similar to the rulings regarding NetHold and Arcade. Because the cable distributor (in the case of MTV Stichting CombiVisie Regio ) refused to submit data that would enable the Authority to verify whether the requested...

IRIS 1997-2:1/19 [NL] Guidelines on television and youth

The Dutch Media Authority ( Commissariaat voor de Media ) has published new guidelines on the subject of television and youth ( Beleidslijn televisie en jeugd ). The guideline in particular clarifies the existing rules on scheduling films for television and gives additional rules on this topic. It also clarifies the supervisory role of the Media Authority. According to article 22 of the EC Directive on `Television without frontiers', Member States have to take appropriate measures against programmes which might be harmful to the youth. The Dutch Media Act doesn't allow the broadcast of films which...