De Lijst Dedecker used an advertising agency during the elections and was indemnified by this agency for potential claims. The election poster was a political cartoon based on comic characters Lucky Luke and the four Daltons. Parody is fun, but dangerous especially if this IP rights of others are used.
The owners started a legal procedure. The Court held that parody is not correct. Because the advertising agency indemnified the client, they had to pay all the damages. The Court found this justified, because the advertising agency is “a professional service provider, who should be aware of the provisions of copyright knew, or at least had to know.”
