news category:

Portrait rights – reasonable interest ordinary people – protection person’s privacy

Reasonable interest ordinary people - portrait rights- protection person's privacy

It is common knowledge that fame and fortune has its price. So, what about the privacy protection of ordinary people? As a rule, pictures of persons (with the exception of ordered portraits) can be used freely to a certain extent. The Supreme Court in the Netherlands has previously ruled that also ordinary people are entitled to protection, if they are being depicted for commercial purposes, as can be concluded from its decision in the IT’s Disco dancer case. The audience might think that the person in question authorized the use of the picture and/or supports the campaign. This protection is often in conflict with the corporate freedom of speech. The question which of the two prevails is being considered in the Schiphol Picture case.

Volkskrant, a well-known Dutch daily newspaper, displays on front page a picture of an unknown person, easily recognizable, in a car carrying the following headline “Is Schiphol still safe?”. The article is about increased security checks on the airport due to recent terrorism threat levels, and has nothing to do with the background of the person depicted. The person in the picture does not want to be seen as associated with terrorism and demands a rectification. Finally, the Court has to decide which interest has to prevail. The headline and picture do not support the story in the article. Besides, the picture does not support or improve public debate. Therefore, the reasonable interest of the person depicted outweighs the freedom of press of the newspaper. The picture is considered an infringement of the person’s privacy, and damages are awarded to the amount of € 1500,-. (Photo: de Volkskrant- Guus Dubbelman)

About Abcor

Abcor specializes in applying for trademark and design rights. We do this worldwide for both SMEs and international companies, but often everything starts with an initial Benelux application. Our aim is to relieve the client of all the worries, which is why we take care of all the steps, from initial advice on what to apply for and how, right through to registration.

In addition to applying for trademarks, we also manage portfolios for our clients. We ensure that trademarks are renewed on time, that the right organizations are paid (given the many fraudulent companies), and we support our clients on issues.

In addition, we are sparring partners for our customers on new products and how to shape and claim new ideas.

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Newsletter: Abcor ABC Magazine

Een korte introductie tekst over de nieuwsbrief waarin je uitlegt wat het is. Hoe je direct de nieuwste editie kunt lezen en hoe je je kunt abonneren. And click here for all the numbers.

Among others in this issue:
• EUIPO vs Mora TV: weigering geluidsmerk
• Jägermeister vs Alte Heiler: stop Russische copycat
• Stichting Nederlandse Top 40: gericht op Benelux?
• Tijdschrift HART vs Hermitage: soortgelijkheid
• Monique Granneman: nieuwe partner Abcor

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