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ARTICLE · 30 NOVEMBER 2011

Make Way For The Parody Of Nijntje

A discussion of the judgment of the Amsterdam Court of Appeal of 13 September 2011, LJN BS 7825.

NetherlandsIntellectual Property
Otto Volgenant
Otto Volgenant

A discussion of the judgment of the Amsterdam Court of Appeal of 13 September 2011, LJN BS 7825

In a case of principle the Amsterdam Court of Appeal has ruled on 13 September 2011 that parodies of Nijntje are allowed. The case concerned, inter alia, the following parody:


Earlier
, the court in preliminary relief already allowed five of the seven illustrations presented. The Court of Appeal has stretched the boundaries even further: it considers all pictures objected against by Dick Bruna and his company Mercis to be permissible. The picture shown above ('nijn-eleven') was not allowed on the basis of the 2009 judgment in preliminary relief proceedings, but the Court of Appeal now ruled that also this parody has an apparent humoristic and ironizing intention. It is not necessary that everybody thinks it is funny. Therefore, this picture is allowed on the Internet too.

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