Legal Review Plesner vs. Louis Vuitton judgment: Artistic Freedom Prevails Over IP-rights
It 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
Plesner vs. Louis Vuitton judgment: important victory for artistic freedom
Yesterday 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.
Dutch government wants to prohibit downloading from illegal sources and targets commercial internet intermediaries
The Government has made clear which direction its policy regarding copyright infringements on the Internet is going to take. Downloading from illegal sources will be prohibited. In principle, consumers will not be targeted, but commercial internet intermediaries will. This announcement still has to be converted into a bill and enacted into law. [Read more…] about Dutch government wants to prohibit downloading from illegal sources and targets commercial internet intermediaries
Louis Vuitton sues Danish artist Plesner in the Netherlands over depiction of bag in art work
Danish artist Nadia Plesner is studying at the Rietveld Academie in the Netherlands. One of Plesner’s works of art, Darfurnica (see picture on the left), is modeled after Picasso’s Guernica and expresses the artist’s surprise at the attention that is paid to nondescript celebrities like Paris Hilton, while humanitarian disasters like those in Darfur remain rather unnoticed. In the middle of the painting an African child is depicted, holding a bag. Louis Vuitton is of the view that the pattern of this bag infringes its [Read more…] about Louis Vuitton sues Danish artist Plesner in the Netherlands over depiction of bag in art work
European Court of Justice: Spanish Newspaper Allowed to Link Moroccan Royal Family to Drugs Trafficking
In 1995 the Spanish newspaper Diario 16 reported on the discovery of almost 5000 kilos of hashish in the false bottom of a lorry of the “Domaines Royaux” company, which belongs to the Moroccan Royal Family. The headline read “A family company belonging to Hassan II implicated in drug trafficking.” In Spain, all courts up to the Constitutional Court ruled that this was an illegal interference with the “droit fondamental au respect de l’honneur” of the King of Morocco. The newspaper was sentenced to pay compensation not only because [Read more…] about European Court of Justice: Spanish Newspaper Allowed to Link Moroccan Royal Family to Drugs Trafficking
European Court of Human Rights – Sanoma Wins Autoweek Reporter’s Privilege Case versus the Netherlands
On 14 September 2010, the magazine Autoweek and publisher Sanoma won their case before the European Court of Human Rights (“ECHR”) versus the Netherlands. By demanding Autoweek to surrender photographs, the Netherlands have acted contrary to the freedom of information as guaranteed by Article 10 of the European Convention on Human Rights (the “Convention”).
The case concerns a police raid in 2002 at the editorial office of Autoweek, during which photographs of an illegal street race in Hoorn were seized. The photographs had been taken by a journalist of Autoweek after having guaranteed the anonymity of [Read more…] about European Court of Human Rights – Sanoma Wins Autoweek Reporter’s Privilege Case versus the Netherlands
Court of Appeal of The Hague Allows Image Right Claim of Turkish Woman
On 24 August 2010 the Court of Appeal of The Hague rendered a judgment in an image right case. In this judgment, the Court of Appeal allowed the claim of a Turkish woman who argued that she had become ‘socially isolated’ as [Read more…] about Court of Appeal of The Hague Allows Image Right Claim of Turkish Woman
Tapes of Monitored Dutch Journalist Infringe Reporter’s Privilege – Acquittal of ‘Leaking’ AIVD Official
Fruits of the poisonous tree
The Court of Haarlem has acquitted the (according to the AIVD) ‘leaking’ AIVD official who would have provided Dutch newspaper De Telegraaf with information about Iraq. This acquittal is mainly based on the journalistic right of non-disclosure. The Dutch General Intelligence and Security Service (AIVD) had bugged various De Telegraaf journalists and had thus obtained evidence against the AIVD official. According to the [Read more…] about Tapes of Monitored Dutch Journalist Infringe Reporter’s Privilege – Acquittal of ‘Leaking’ AIVD Official
No Database? Protection of Documents as a Safety Net
The protection of documents seems to be a more effective tool to protect a (searchable) collection of data than the Databases Act that was created especially for this purpose. An example is the dispute between price-fighter PR Aviation and Ryanair. On its websites wegolo.com and wegolo.nl PR Aviation offers consumers the possibility to search flight data and to compare flight prices. Besides this search system, PR Aviation offers customers the option of booking the flight found through its intermediary services. However, Ryanair has objected to the use of its flight data [Read more…] about No Database? Protection of Documents as a Safety Net