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ARTICLE · 08 AUGUST 2012

Judgment On Program Information: Court Rules That It Is Now Up To Politics

In the weekend of 2 June 2012 De Telegraaf had a supplement with the program information for one week.

NetherlandsIntellectual Property
Emiel Jurjens
Emiel Jurjens

In the weekend of 2 June 2012 De Telegraaf had a supplement with the program information for one week. It was announced in the newspaper that this supplement would be included in De Telegraaf throughout the 2012 European Football Championship. On 13 June 2012, the Court in preliminary relief proceedings rendered a judgment in the proceedings initiated in this regard by 'the broadcasters' NPO (representative of the public broadcasters), and the commercial broadcasters SBS and RTL.

For years, the broadcasters have had a monopoly on the program information, based on the so-called copyright protection of non-original writings and on provisions in the Media Act. Already since the 1960's, program information has been the subject of much litigation. To date, it has always been ruled that the broadcasters may successfully invoke the protection of non-original writings (a kind of light copyright) with respect to the copying of program information. Unlike in the case of

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