Curiosity is what drives us. It is how we keep a well-grounded view of every question we take on.
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Five points for one scene: the Bechdel test in the Film Production Incentive
Since 1 July 2026 the Bechdel test earns five points in the Netherlands Film Production Incentive. You claim them with a single scene, and that scene has to survive to the final cut. If it doesn't, the Film Fund can reduce the grant.
Read articleReading time: 6 min
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When is a DPIA required?
A DPIA is required where processing personal data is likely to result in a high risk to the data subjects. You carry out the assessment before the processing begins, not after the fact. That last point is the misunderstanding we come across most often. A DPIA is not a form you fill in once the …
Read articleReading time: 3 min
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What to do in the event of a data breach
A data breach has to be reported to the Dutch Data Protection Authority within 72 hours, but only where the breach is likely to result in a risk to the people whose data has leaked. That deadline starts running as soon as you become aware of the breach. When someone calls us about a data breach, the …
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The six GDPR principles explained
The six GDPR principles are lawfulness, purpose limitation, data minimisation, accuracy, storage limitation and integrity. They are set out in Article 5 of the General Data Protection Regulation and apply to every organisation that processes personal data. Almost every privacy question that lands on …
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The transparency obligation under article 50 of the AI Act: when must AI content be recognisable?
Since 2 August 2026, your audience has to be able to tell when AI is involved. What that means in practice for a chatbot, an advertisement using generated models or a film full of artificial imagery is worked out in new Commission guidelines. They also show where the room to manoeuvre lies.
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German court rules out free use of music for AI: what does the GEMA judgment mean for authors?
Six compositions from GEMA's repertoire surfaced in music that Suno generated, although the prompts had not asked for them. For the court, that pointed to a model which had retained parts of those works. When does training become an act of reproduction under copyright law, and what does that mean for authors who see their work disappear into datasets?
Read articleReading time: 8 min
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De Kapotte Kachels should appeal
"Dikke Pens" is a parody, the court held - and still had to come offline. That grates. The balancing of interests, turning on commerce, reach and association, is framed so widely that any carnival parody could fall foul of it.
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A low-budget film production and still equitable remuneration
The Amsterdam District Court is hearing a dispute between a film producer and a crew member on a super low-budget feature that went on to become the best-attended Dutch cinema release of the year. What is equitable remuneration when the budget simply does not allow it? Roland Wigman on deferment, the solution the film industry has known for years.
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A carnival hit set to an ABBA melody: parody or infringement?
Carnival band De Kapotte Kachels scored well over a million streams with "Dikke Pens (Clap Your Pens)", set to the melody of ABBA's "Take A Chance On Me". Universal had the track taken offline. The District Court of Midden-Nederland found for Universal, and did so, strikingly, without disputing that the track is a parody. What the judgment means for parodies of well-known songs, and where the line now runs.
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Equitable remuneration and credit in film: matters that are rarely litigated
You worked on a film that did well, but your fee was fixed before anyone knew how successful it would be. Can you still claim more? And what if the credit you were given does not match the work you actually did? These two questions are rarely litigated, but the District Court of Amsterdam has now considered them.
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Can you use someone else's photo, video or quote in your marketing?
You scroll past a beautiful photo on Instagram that fits your new campaign perfectly. One tap and you have reposted it. Convenient, free, done. Until, a few weeks later, an invoice or a cease-and-desist letter lands on your doormat from the photographer, or from an agency that combs the internet for unauthorised use. That happens more often than you would think, and it can become expensive.
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An alternative to article 8 of the Dutch Copyright Act
Article 8 can go, but an elegant alternative would be to recast it as an authorisation to bring proceedings, in the way article 9 does for publishers of anonymous works.
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The rump of a cow and the transfer of copyright
From 1 January 2026 the Dutch Copyright Act and the Dutch Neighbouring Rights Act are expected to change. Assigning copyright has always had to be done by deed, but from that date the underlying agreement to transfer will also have to be entered into in writing. What does that writing requirement actually mean? And on what material may the agreement be recorded?
Read articleReading time: 6 min -
Sharing photos without consent: what can you really do?
It can happen that a photo suddenly surfaces and you think: but… I never gave permission for that. Perhaps you are in it yourself. Perhaps someone has used your work as though it were their own. Or perhaps the image is even being passed around in order to harm you. Whatever it is, it does not feel …
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Good news for film producers: a new European co-production convention for TV series
On 26 November the Council of Europe approved the text of a new European co-production convention for television series. In broad terms the convention for TV series follows the existing convention for feature films. For producers this means that the legal protection you know from international film productions now applies to series as well. Think of clear arrangements on rights, revenues and collaboration. The convention is an attempt to carry the co-production rules so familiar in feature film production across to television series.
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False self-employment and the film industry: how it works
The Dutch tax authorities have announced that they will enforce more strictly against false self-employment from 2026. For self-employed workers in the film industry that raises questions: are you caught by the Dutch DBA Act, or can you simply carry on working as a freelancer?
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The limited significance of the ONB judgment for Dutch practice
Introduction On 6 March 2025 the Court of Justice of the European Union gave judgment in a case about the permissibility of an arrangement under which the rights of a performer accrue to another party.¹ In this article I discuss the consequences of that judgment for Dutch practice. The Dutch …
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Deepfakes: what are they?
Deepfakes are no more than manipulated images or audio fragments made with the express intention of passing them off as “real” images or audio fragments (unless, of course, they are obviously meant as a joke). What are deepfakes? Manipulated imagery is as old as the hills, or as the …
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Why a sponsorship agreement is indispensable for your event
A festival without a spectacular stage, a sporting event without eye-catching banners, or a conference without well-filled goodie bags: almost unthinkable. Sponsorship is a crucial ingredient of successful events. But without a proper sponsorship agreement the expectations of the two parties can …
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AI and privacy: how does that work?
At a time when artificial intelligence (AI) is becoming an ever larger part of daily life, it is worth pausing over the impact of its use on privacy and the rules that apply. In this article I discuss a number of points to watch. Rules on the use of AI and algorithms AI and algorithms usually work …
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Code of conduct: what is it and why does it matter?
Etiquette tells us how we are expected to behave. It sets the rules of the game for our society. For that, though, everyone has to know the rules. In earlier times visitors to court were given the rules of the court on a card (an “etiquette”), so that they would not put a foot wrong. …
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What is trade mark infringement?
Trade mark infringement is a serious matter and a common one in trade. A trade mark allows businesses to distinguish themselves from their competitors, but infringement can undermine that distinctive character. What exactly happens when a trade mark is infringed? In this article we discuss what …
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What does the Dutch Advertising Code Committee do?
Advertising is something we are exposed to and confronted with all day long, whether we ask for it or not. Some advertising we find enjoyable, or even clever or moving; other advertising strikes us as indecent, unfair or downright discriminatory. And if we do think that, can we do anything about it? …
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What is a collaboration agreement?
Collaborating is the new competing. Whether you want to make a hit series, organise a joint exhibition or develop an app, a collaboration agreement is the way to keep the collaboration running smoothly. But what does such an agreement actually involve, and why does it matter to draw one up? What …
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Breach of contract: what is it?
With a fracture, your leg is broken. With a break-up, your relationship is broken. And with a fraction, a whole number has been broken into parts. What do all these examples have in common? They were once meant to be whole, and now they are not. With a breach of contract it is much the same. Where …
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Ronnie Flex v Top Notch: key lessons from their legal battle over artist agreements
In a fast-changing music industry, clear and effective artist agreements are crucial to the success of artists and record companies alike. These agreements not only protect creative talent and commercial investment, they also foster a lasting and fruitful collaboration between the two parties. This …
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Sony Music: no AI training on our artists' music without consent
On 16 May 2024, in a formal declaration (Declaration of AI Training Opt Out), Sony Music Group warned AI developers and music streaming services not to use its content to train AI without express permission. According to the BBC it has also sent a letter to more than 700 companies, because Sony has …
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A train replica made of LEGO bricks: will it be LEGO-blocked?
LEGO is stacking up court cases like… LEGO bricks. Whose turn is it now? A Dutch toy manufacturer that makes and sells train replicas out of LEGO bricks. When LEGO comes across an infringement of its trade mark rights, its response is as firm as the click of its bricks. And often successful, too. …
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Protecting copyright for Dutch artists and songwriters in the AI era
The rise of AI technologies such as Udio and Suno, which clone the voices and lyrics of Dutch artists and songwriters without permission, is causing considerable unrest in the Dutch music industry. These practices raise serious questions about the protection of copyright: what can artists and …
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Can my voice be used without my consent, by someone else or by AI?
Following the news that YouTube is making an AI tool available for using the voices of well-known singers, the question occurred to me: how far is your voice protected, and do you have a right to it? To answer that, we first need to establish whether you have any rights in your voice, and if so …
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Of the dead, say nothing but good
R.J.F. Wigman Writers and filmmakers regularly come into conflict with people who consider that their honour and reputation have been damaged by a publication. The case law is abundant. But what about the honour and reputation of the dead? This article examines whether different rules may apply …
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New insights into enemy copyright
Roland Wigman is a lawyer at Liaise in Amsterdam. His advisory work has included the copyright in the diaries of Joseph Goebbels and the rights in the feature film Der Ewige Jude. This contribution discusses the Dutch State’s claims to the copyrights of former enemies and traitors in relation …
Read articleReading time: 32 min -
Culture and cultural differences
That ‘Europe’ is plagued by cultural differences is something a European is confronted with daily. The differences may show themselves in a great many ways: budgetary responsibility, the role of the state, individual responsibility, individual liberty, and so on. In my view they often …
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