Practice areas on Liaise Advocaten

Advertising law

Mon, 01 Jan 0001 00:00:00 +0000

Advertising law protects consumers against misleading advertising and regulates commercial communication. We advise on permissible advertising, influencer marketing, disclaimers and disputes with regulators such as the Advertising Code Committee or the ACM. We assess in advance whether advertising oversteps the mark and whether or not it is misleading.

In that context we assess whether the advertising is complete and contains no inaccuracies. We assess the use of superlatives (the biggest, the best and so on). We assess the use of a competitor’s name in the advertising. We look at whether a particular statement is in fact advertising. We look at whether the manner of dissemination takes place in accordance with the applicable rules. In that connection we also assess the privacy aspects. We further assess sponsorship in television programmes. We know the European sources well and use them where necessary.

Art law

Mon, 01 Jan 0001 00:00:00 +0000

Anyone who works with art works with value. Not only the financial value of a painting or sculpture, but also the cultural significance of a collection, the reputation of a museum or the artistic legacy of an artist. You do not protect that value with a good lock on the door alone. It calls for legal advice from someone who knows the art world.

Art law is not a clearly demarcated area of law in the classic sense. It is a crossroads where copyright, contract law, property law, heritage law and administrative law come together. A gallery owner drawing up a consignment agreement is right in the middle of contract law. A museum that wants to sell items from its collection has to deal with the Heritage Act (Erfgoedwet) and the LAMO. With the resale right, it comes down to the Copyright Act. And a collector who buys a work at auction that later turns out not to be authentic? They face questions of mistake (dwaling) and non-conformity.

Artificial intelligence law

Mon, 01 Jan 0001 00:00:00 +0000

Artificial intelligence is changing how creative work is made, distributed and protected. Makers use AI to write, compose and design. At the same time, AI models are trained on existing work, sometimes without the makers knowing. And with deepfakes, someone’s face or voice can be imitated in a way that has a serious impact on the person concerned.

Liaise advises makers, producers, publishers and creative entrepreneurs on the legal side of AI. We know the sector and know where the questions lie the moment AI becomes part of how you work, or of what others do with your work.

Company law

Mon, 01 Jan 0001 00:00:00 +0000

For entrepreneurs in the creative and media industry, the value of a business lies above all in the work, the rights and the brand. That gives the commercial side of running a business here a character of its own.

In the creative sector, the rights structure is part of almost every business decision. Whoever incorporates, collaborates or acquires thereby also determines where the work and its exploitation end up. Liaise assists producers, labels, publishers, galleries, game studios, photographers, podcast makers and other creative professionals with company law. We work for businesses of every size, from a two-person agency to an international producer, and we know the world in which our clients operate.

Contract law

Mon, 01 Jan 0001 00:00:00 +0000

Contract law governs the agreements between parties – from cooperation agreements to general terms and conditions – and what happens if one of them fails to comply with those agreements. We draft contracts and assist you in disputes.

We do so in collaborations where parties have to keep working together for years to come, but also in exit arrangements, for example when a business is sold. We negotiate sharply and in a businesslike way, always after a precise assessment of the client’s position. Realism in the preliminary phase pays off in a better result.

Copyright law

Mon, 01 Jan 0001 00:00:00 +0000

Your work is being used without permission. Someone copies your design, puts your photo online or uses your text as if it were their own. Frustrating, and often also an infringement of your copyright. As copyright lawyers, we help you take action against it, from a letter of claim to proceedings before the court.

Do you need legal advice straight away? Call 020 675 88 21 or get in touch.

Copyright protects original works such as books, films, photographs, art and software against unauthorised use by others. As the maker, you hold copyright automatically as soon as you create something. In practice, disputes mainly arise over use, assignment and infringement. Whether you want to establish your rights, need a licence agreement or have a dispute over plagiarism, we can help you further.

Data protection law

Mon, 01 Jan 0001 00:00:00 +0000

Data protection law is essential at a time when personal data is collected and shared on a massive scale. Whether you are a media company processing personal data or an individual whose privacy is being infringed, our data protection lawyers can advise you. Think of GDPR compliance, data breaches, a privacy impact assessment, or the right to a private life and social media.

A question about the GDPR, a data breach or a privacy infringement? Call +31 20 675 88 21 or get in touch. You will have a response within one working day.

Design law

Mon, 01 Jan 0001 00:00:00 +0000

Design law protects the appearance of a product, meaning the shape, lines, colours or ornamentation of items such as clothing, furniture or packaging. With a registered design you can act against competitors who take over your design. We guide you through filing your design, through determining the scope of protection and in the event of infringement.

What conditions must a design meet?

A design falls under the protection of intellectual property law if it is a new appearance of a product with individual character (Article 3.1 of the Benelux Convention on Intellectual Property (BCIP)). The ‘individual character’ is reminiscent of copyright, the ’novelty requirement’ of patent law, and the ‘appearance’ of trade mark law. Take good note that each of these requirements has a different meaning in design law. That is also what makes design law one of the most complicated IP rights. So let us go through the conditions one by one.

E-commerce law

Mon, 01 Jan 0001 00:00:00 +0000

More and more makers sell their work directly. A musician offering merchandise and vinyl through their own webshop, an illustrator with a print-on-demand store, a publisher delivering straight to readers, a designer with their own label, a gallery selling art online. Selling over the internet gives you a grip on your audience and your margin, and it brings legal ground rules with it.

Liaise advises creative entrepreneurs on the legal side of selling online. We know the creative and media industry and understand what is at play when your work, your rights and your customer relationships come together online.

Employment law

Mon, 01 Jan 0001 00:00:00 +0000

Employment law is about the rights and obligations of employers and employees. From employment contracts and dismissal procedures, to illness, compensation and inappropriate behaviour. We assist both employers and employees, including in disputes or negotiations.

A good understanding of every facet of the relationship between employer and employee, and, by extension, the relationship between client and contractor and between the statutory director and the company, is indispensable for sound advice.
We provide solid employment contracts with tailored non-competition clauses, termination options and the like. We often do so in the media: for talent, broadcaster or producer.

Film law

Mon, 01 Jan 0001 00:00:00 +0000

Making a film is a challenge both creatively and legally. From the first version of the screenplay to the launch on a streaming platform: at every moment, rights, contracts and financial arrangements play a role. A film brings many legal layers with it by its very nature. Who holds which rights in the screenplay? What do you agree with a co-producer? And how is the financing structure put together legally?

Image rights

Mon, 01 Jan 0001 00:00:00 +0000

What if you appear in a photo you never gave permission for? What if your child has been photographed without being asked and is used in an advertisement? Or if, as a (former) employee, you appear on the company’s website? Or the other way around: you have written a piece of text and want to use a photo to go with it? What about agreements between a model and a photographer? What are your rights and obligations, and what should you look out for?

Intellectual property

Mon, 01 Jan 0001 00:00:00 +0000

Intellectual property protects innovations and creative achievements. These are rights in the products of the mind. Think of inventions, designs, trade marks and artistic works. In the creative and technological sector it is crucial to protect and enforce your intellectual property properly. Intellectual property includes, among other things, copyright, trade mark law and design law.

It is not the material object that is protected, but the “intellectual” creation that underlies the object. So: it is not the vase that is protected, but the design of the vase. It is not the DVD disc that is protected, but the film on it. “Intellectual” is used in contrast to material. Someone can own the material vase without owning the design (the creation) of the vase. Someone can own a DVD disc without holding the intellectual property rights in the film itself.

IT law

Mon, 01 Jan 0001 00:00:00 +0000

Almost every business today runs on software and digital services. You have a platform built, take software as a service, outsource your management or supply a digital product yourself. Behind each of those choices is a contract, and that contract determines what you get, what it costs and where you stand when something goes wrong.

Liaise advises on IT law for entrepreneurs who buy software and tech services and for the tech companies that supply them. We work for production companies, publishers, platforms, start-ups and tech businesses.

Landlord and tenant law

Mon, 01 Jan 0001 00:00:00 +0000

Landlords and tenants face frequent changes in the rules and rapidly shifting views driven by a constant stream of court decisions. We are in our element there.

We can assist you in negotiating and drawing up lease agreements.

We litigate often. Think of suspension proceedings and substitution proceedings (indeplaatsstelling). But also proceedings on rent adjustments. Or proceedings where an owner needs the leased property for their own use, or in order to renovate. We litigate over all the disputes that can arise in the leasing of retail and residential space. Examples are disputes around notices to terminate the lease that were given late or incorrectly. And we handle every rent-collection matter, even the most complex ones.

Media law

Mon, 01 Jan 0001 00:00:00 +0000

Media law revolves around the tension between two fundamental rights: freedom of expression and the right to privacy, honour and reputation. These are regularly diametrically opposed. When may you publish something? When can you stop a publication? And what do you do if the damage has already been done? Both in words and in images. Of course, being critical is allowed, and it is allowed to ruffle feathers, we know that as media law lawyers.

Music law

Mon, 01 Jan 0001 00:00:00 +0000

Who exactly shares in the rights in music, and what actually is a music right? In this article we explain the different rights that exist in a piece of music and which parties can lay claim to those rights.

Music law concerns copyright in musical works, the related rights of performing artists, contracts with labels and licences for the use of music in media. The people and organisations that hold these rights can determine who may exploit the music and on what terms. We advise musicians, authors, producers, record labels and publishers on their rights and how to protect them.

Property law

Mon, 01 Jan 0001 00:00:00 +0000

From the rollercoaster of development projects to disputes with tenants or landlords (or with the neighbours). The hard bricks of what has been built (or is to be built) conceal a fine-meshed web of interlocking rules. Tenancy law, planning law, the law of neighbours and (construction) contract law, for example.

The interests are considerable. The work takes blood, sweat and tears, and sometimes the legal battle simply has to be fought: over a permit, an exemption, a completion, over getting the rent in or getting rid of a bad landlord. Or because the dream property turns out to have defects. David knows his way around the rules behind the bricks and helps quickly and realistically.

Trade mark law

Mon, 01 Jan 0001 00:00:00 +0000

Trade mark law protects signs, names and logos that distinguish your products or services from those of others. We help you with registration, opposition proceedings and enforcement against infringers or trade mark hijacking.

Trade mark law is an intellectual property right. If you register a trade mark with a trade mark office, others may only use it with your permission as the proprietor. A trade mark registration therefore allows you to prohibit others from, among other things, using your trade mark (or something too similar to it) for products or services for which you registered it (or, if it is a “well-known” mark, for other, non-comparable products or services as well, on which more below).

Trade name law

Mon, 01 Jan 0001 00:00:00 +0000

Your trade name is the name under which you present your business to the outside world. Trade name law determines who may use that name and what you can do if someone else runs off with it.

At Liaise we regularly see trade name issues arise alongside trade mark and copyright cases. Sometimes it is a competitor who creeps just a little too close to your name. Sometimes it is a former business partner who keeps using the established name after a split. We advise you on your position and take action if it comes to a conflict.

Unlawful publication

Mon, 01 Jan 0001 00:00:00 +0000

A journalist calls for a comment. An article appears online that is not accurate. Or a social media post damages your reputation while you look on, powerless.

An unlawful publication can cause enormous harm to your career, your business or your private life. Especially now that posts go viral within minutes and the internet forgets little. Whether it concerns an unlawful press publication in a newspaper or a television programme, or damaging posts on social media. As unlawful publication lawyers we help clients to stop damaging coverage, to demand rectification and to conduct summary proceedings to get publications taken offline.

Video games law

Mon, 01 Jan 0001 00:00:00 +0000

The games industry is one of the largest creative sectors in the world, with revenue models and forms of distribution that develop faster than the legislation that applies to them. A modern game is at once software, an audiovisual work, a brand, a platform and a service. Each of those layers is governed by a different legal regime, and in practice these constantly interact.

Liaise assists game and platform companies across the full breadth of that field: from developers and publishers to esports organisations, streamers and suppliers. The term gaming law is often used as a synonym; it refers to the same body of legal questions around games and the games industry.