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Reindert van der Zaal

European Court in Axel Springer Case: Publications on Actor’s Possession of Cocaine Allowed

6 March 2012 door Reindert van der Zaal

On 7 February 2012 the European Court of Human Rights (“ECtHR”) rendered a judgment not only in the Caroline van Hannover II judgment, but also in the case of Axel Springer vs. Germany. This case resembles that of the Princess of Monaco.

The Axel Springer case is about the publication of two articles about a well-known German television actor in the daily newspaper Bild, of which the Axel Springer group is the publisher. The first article alleged that the actor – who thanks his fame mostly to his role as a policeman – had been arrested for possession and use of [Read more…] about European Court in Axel Springer Case: Publications on Actor’s Possession of Cocaine Allowed

Filed Under: Press Law

Legal Review Plesner vs. Louis Vuitton judgment: Artistic Freedom Prevails Over IP-rights

5 May 2011 door Reindert van der Zaal

simple-livingIt have been exciting weeks for Danish artist Nadia Plesner. Louis Vuitton sued her over the use of a look-a-like Louis Vuitton bag in her artworks. With these artworks, Plesner tried to raise awareness for the situation in Darfur. See here for further background information.

Louis Vuitton claimed that Plesner’s artworks infringed upon her design rights on the bag. Plesner relied on her fundamental right on freedom of speech. More specifically: her artistic freedom. After Plesner successfully challenged a judge of the Court in preliminary relief proceedings at an earlier stage, (another judge of) the Court in preliminary relief proceedings rendered a judgment in this case yesterday. The Court [Read more…] about Legal Review Plesner vs. Louis Vuitton judgment: Artistic Freedom Prevails Over IP-rights

Filed Under: Press Law

Plesner vs. Louis Vuitton judgment: important victory for artistic freedom

5 May 2011 door Reindert van der Zaal

Simple LivingYesterday afternoon, 4 May 2011, the The Hague District Court reversed its own earlier order and now decided that the fundamental right of free speech of the Danish artist Nadia Plesner prevails over the design right of Louis Vuitton.

The judgment (in English) can be found here.

An important victory for artistic freedom. We are very happy for Nadia.

Nadia Plesner is represented by Jens van den Brink, Christien Wildeman and Reindert van der Zaal.

Filed Under: Press Law

English translation of court order in Louis Vuitton vs. Nadia Plesner case

11 March 2011 door Reindert van der Zaal

darfurnica4We have already reported on Media Report about the Dutch case over depection of a bag in an artwork between Louis Vuitton and Danish artist Nadia Plesner.

There is now an English translation of the Dutch court order available here.

Filed Under: Entertainment Tagged With: artistic freedom, design rights, freedom of speech, louis vuitton, Nadia Plesner

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

17 May 2010 door Reindert van der Zaal

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

Filed Under: Uncategorized Tagged With: freedom of press, GeenStijl, journalistic exception, Nijmeegse Stadskrant, right to quote

A Few Kilos of Complaints

26 February 2010 door Reindert van der Zaal

pretium-vs-varaIn various TV broadcasts Vara’s program ‘Kassa’ gave attention to the large number of complaints that the Consumer Authority and the Ombudsman had received about telecom company Pretium. In the broadcast Kassa handed over a ‘few kilos of complaints’ to the State Secretary, but did not provide Pretium with a copy of these complaints. However, in the studio Pretium was given the opportunity to give a reaction, but Pretium decided not to.

As a result of the broadcasts Pretium initiated preliminary relief proceedings against the Vara. Pretium won the proceedings on most points. Partly because prior to the broadcast the Vara had not reported the fact that [Read more…] about A Few Kilos of Complaints

Filed Under: Entertainment Tagged With: a few kilos of complaints, freedom of speech, kassa, Vara

Listener’s Contribution not Attributed to the Wereldomroep

11 September 2009 door Reindert van der Zaal

rnw_wereldomroepIn July 2008, a listener’s text message was read aloud in a radio program of the Wereldomroep: “And yesterday night was very entertaining with Jonny Walker and the six drivers of Edgard Vermaas, who have become redundant due to a personnel cutback. Welcome at Van Doesburg.” The presenter of the radio program added to this: “That is collegiality says Don Frerik. As we already said before, of course we need collegiality on the road. Because it is already…yes that is hard to find. That is quite something, one business ceases to exist, the other business is taking over staff, I think that is awfully nice.” After the end of the program the Wereldomroep received an e-mail of another listener, who reported that [Read more…] about Listener’s Contribution not Attributed to the Wereldomroep

Filed Under: Press Law

Money Is There to Rock ‘n Roll! – Judgment ECHR in Hachette vs. France

31 August 2009 door Reindert van der Zaal

310825_cd_l_fOn 23 July 2009 the European Court of Human Rights (ECHR) gave a judgment in a case that had been brought against France by Hachette Filipacchi Associés – the publisher of the French weekly ‘Ici Paris’. Ici Paris had published an article about the ever-popular French rock ‘n roll singer Johnny Hallyday. The article ‘What if he flops in Las Vegas? Panic stations, Johnny!’ referred to the supposed financial difficulties of the singer. The article was also illustrated by some photographs of advertising material for products with which Hallyday, whose real name is [Read more…] about Money Is There to Rock ‘n Roll! – Judgment ECHR in Hachette vs. France

Filed Under: Press Law

Ban on Publication of Adjusted Quote-500 list

31 January 2009 door Reindert van der Zaal

On 7 November 2008 Hachette Filipacchi Media Netherlands B.V. – in its capacity as publisher of the business magazine Quote – filed an ex parte request against the company Mediamaatjes B.V. of, inter alia, former Quote editor-in-chief Jort Kelder. [Read more…] about Ban on Publication of Adjusted Quote-500 list

Filed Under: Press Law

Barbarians At the Gate

7 October 2008 door Reindert van der Zaal

A discussion of the judgment of the Court of Utrecht dated 3 September 2008

The Facts

In the summer of 2007 an article was published in the weekly magazine HP/De Tijd entitled ‘Rijkmans Kasteel’, (Rijkman’s Castle), an article about country houses in the Vecht region and the dominant [Read more…] about Barbarians At the Gate

Filed Under: Press Law

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Reindert van der Zaal

Tel: +31 20 5506 651
E-mail: reindert.van.der.zaal@kvdl.com
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