A recent Tedx talk by artist Nadia Plesner, about the litigation back in 2011 against Louis Vuitton over her art (more here in Dutch, here in English) and artistic freedom versus intellectual property. We represented Nadia in The Netherlands.
In a judgment dated 24 February 2017 the Dutch Supreme Court followed the considerations of the EU Court of Justice in the Google Spain judgment regarding the right to be forgotten. Although the Dutch court must adhere to the judgments of the EU Court of Justice, this is nevertheless a missed opportunity. Particularly because this way established case law of another European court, the European Court of Human Rights (ECHR), and of the Dutch Supreme Court itself is brushed aside very easily, without
The GS Media decision of 8 September 2016 is the latest chapter in the case law from the Court of Justice of the European Union (“CJEU”) on hyperlinking and copyright. Some consider it a questionable outcome with drastic restrictions on the freedom to link, and consequently of the freedom of information. Others feel the GS Media decision is merely a logical consequence of CJEU’s previous case law on the copyright holder’s exclusive right to ‘communicate his work to the public’. In any event, the decision has caused quite a stir, which may in part be due to the racy facts underlying this [Read more…] about Hyperlinking at one’s own risk – CJEU in GS Media / Sanoma
Guest post by Dirk Voorhoof, Ghent University.*
The Grand Chamber strikes again: Bédat v. Switzerland
Criminal conviction of journalist for having published documents covered by investigative secrecy in a criminal case is no violation of Article 10 ECHR
It has become common knowledge amongst “Strasbourg observers” that the Grand Chamber of the European Court of Human Rights doesn’t have the best reputation in terms of guaranteeing the right of freedom of expression and information. In earlier cases such [Read more…] about
Vorige week donderdag deed de rechtbank Den Haag uitspraak in de Context-zaak, waarin veroordelingen zijn uitgesproken voor deelname aan een criminele organisatie met terroristisch oogmerk (de ‘jihadzaak’). In deze zaak werd de verdachten onder meer verweten dat ze opruiende jihadistische tweets hadden geretweet. De rechtbank boog zich over de vraag of het retweeten van dat soort berichten op zichzelf strafbaar kan [Read more…] about Rechtbank: Retweet is not (necessarily) an Endorsement
Verbatim – what is a photocopier? By Brett Weiner.
Dramatization of a transcript of an actual legal deposition about the use of photocopiers.
For the third time in less than ten years Caroline von Hannover – Princess of Monaco – took Germany to the European Court of Human Rights (ECtHR). Time and again she complains of insufficient protection from obtrusive paparazzi in Germany. After her important victory in 2004 and the denial of her complaint in 2011, Von Hannover’s complaint has been denied once again (ruling published in French only).
What was this case about? Another holiday picture, which was [Read more…] about ECHR Von Hannover III – Princess Caroline Again Loses European Privacy Case
The 2012 edition of the two main international rankings for lawyers have been released, Legal 500 and Chambers. Here are the comments about the media team of Kennedy Van der Laan.
Legal 500 in the category ‘media and entertainment’ on Kennedy Van der Laan:
‘A very accessible firm, which is informal but has very experienced lawyers’, Kennedy Van der Laan is noted for its freedom of press work. Jens van den Brink is ‘an outstanding lawyer in the field of media law and defamation; very experienced and up to date’. Machteld Robichon-Lindenkamp provides ‘know-how in media cases and special [Read more…] about Mediateam Kennedy Van der Laan in Chambers and Legal 500
The European Court of Human Rights (ECtHR) rendered its judgment on 7 February 2012 in the Princess Caroline of Monaco II case. Just like the case that led to the first Princess Caroline judgment of 2004, this affair was also about the balance between her privacy and the freedom of the press. In the Caroline II judgment the Caroline I judgment is further elaborated on. The judges came to an unanimous ruling [Read more…] about European Court of Human Rights Has Rendered Von Hannover II judgment – More Freedom for Entertainment Press
BBC News had an item today about the release of Willem Holleeder. The BBC report also mentions the film “the Heineken Kidnapping” and comments on the lawsuit conducted by Willem Holleeder against the film’s producer IDTV. On that matter I have been briefly interviewed as IDTV’s attorney. Please [Read more…] about On BBC News about Holleeder’s lawsuit against Heineken Kidnapping movie