Amsterdam Court of Appeal: sound producers do not have neighbouring rights

Judgment of the Court of Appeal of Amsterdam of 4 May 2010 (Koelewijn c.s./SENA) 

sena1The Neighbouring Rights Act (NRA) inter alia grants rights to performing artists and phonogram producers (for instance record companies) with regard to the exploitation – in brief: publication and reproduction – of their performances and phonograms, respectively (read: the first recording of sounds/music). With regard to a publication of a phonogram that has been released for commercial purposes, or a reproduction thereof, for instance playing a Madonna CD …read more

GeenStijl vs Nijmegen City Newspaper: copying of interview allowed on the basis of journalistic exception

GeenStijlIn 2008, alderman Van Hooft of Nijmegen was interviewed by a journalist. In this interview the notorious interview between GeenStijl reporter Rutger van Castricum and former Minister Ella Vogelaar was discussed, among other things. The alderman’s opinion on this interview was: “Her relation with the press was difficult.  I would’ve just kicked the son of a bitch of GeenStijl in the ass”. The interview with the alderman was subsequently published in the Nijmeegse Stadskrant (Nijmegen City Newspaper).

As a result of this article, GeenStijl published …read more