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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...

IRIS 1997-2:1/14 [NL] No Trade Mark protection for EURO 7'S "7"

The Amsterdam Court of Appeal has refused to grant trademark protection to the "Euro 7" trade mark used by the Dutch cable channel of the same name. According to Euro 7 the use of the number "7" by newcomer "Sport 7", a Dutch sports channel, caused confusion in the television market place and thus amounted to trademark infringement. Both the President of the Amsterdam District Court, judging in first instance, and the Court of Appeal rejected Euro 7's claim. The use of a channel number as part of a television station's name was considered standard practice. Moreover, the Court of Appeal observed,...

IRIS 1997-2:1/13 NETHERLANDS ANTILLES: Broadcast monopoly does not violate Article 10 ECHR

On 15 November 1996, the Dutch Supreme Court ( Hoge Raad ), the competent court of cassation for the Netherlands Antilles, ruled that the existence of a broadcast monopoly on the Netherlands Antilles is not (yet) in violation with the rights guaranteed in paragraph 1 of Article 10 of European Convention on Human Rights. At the Netherlands Antilles, a relatively small group of Caribbean Islands and an autonomous part of the Kingdom of the Netherlands, the stated-owned company ATM has an exclusive right to exploit a nation-wide cable system. TDS, a subsidiary of ATM, holds a similar license for a...

IRIS 1997-2:1/4 USA/NL : Tariff structures for the use of music on the Internet

Nobody knows what the value of content on the Internet should be. Until now no customs in the pricing of the content have been developed. Mostly the rights on each copyrighted work have to be negotiated separately. Not surprisingly the collecting societies, who already have a pricing structure for the `old fashioned' analogue uses of music, are the first to come up with a tariff structure for the on-line use of music. In the Netherlands the collecting societies for performing and mechanical rights on music (Buma and STEMRA) jointly issued an experimental license for the on-line use of music. Web...

IRIS 1997-1:1/24 [NL] New decisions on access to cable

In the continuing struggle over what conditions may be set for access to cable networks, both the Media Authority ( Commissariaat voor de Media ) and the Minister of Economic Affairs have taken new decisions ( see also IRIS 1996-2: 8, IRIS 1996-6: 11, IRIS 1996-8: 14 and IRIS 1996-10: 19). The Minister of Economic Affairs, acting on basis of the Dutch Competition Act (Wet Economische Mededinging) , decided that Kabeltelevisie Amsterdam (KTA) must review its tariff structure within three months. The revised distribution fees must, in principle, be based on the actual costs of the cable distribution,...