These journalists published the back seat conversations in a book with the name “The Endstra-Tapes” omitting only fillers such as “um” and. Commentaar op de Endstra-Tapes zaak over de vraag of op de ‘ achterbankgesprekken’ auteursrecht rust. De auteur meent van wel en bekritiseert de uitspraak. These journalists published these conversations in a book with the name ‘the Endstra-tapes’ only omitting too many ‘ers’, dots and certain.

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Back to the Endstra-tapes. If in the Endstra-tapes sufficiently creative choices were made, these conversations are copyrighted. Sentina rated it did not like it Nov 06, It made an official report of the recordings in January The primary object of this article is to inform you, not to create a copyrighted work. Netherlands February 4 Maarten Van damme rated it did not like it Jun 10, However, it is not important whether the author has intentionally wanted to create a work and has intentionally wanted to make creative choices.

IRIS 2006-6:16/28

Endstra told them that he was extorted for many millions by Willem Holleeder. Notify me of new comments via email. Less than four months after the last conversation, Endstra was murdered.

There are no discussion topics on this book yet. Examples of works that may be the subject of copyright are novels, paintings, software and also television formats, musical improvisations, games and lectures. Open Preview See a Problem?

Vinod Kadirbaks added it Dec 22, Whether the work is beautiful or ugly, good or bad, requires little effort or years of work, is irrelevant in establishing whether or not the work attracts copyright protection. The Supreme court concluded that, again in the endwtra of Hugenholtz: Preview — De Endstra-tapes by Bart Middelburg. Endstra thought he was only transferring information hoping that on this basis the Criminal Intelligence Unit would catch Holleeder and his colleagues.


The Supreme Court disagreed. May 19, Emma rated it did not like endatra.

Netherlands : No Copyright in Recorded Conversations with Extortion Victim

Register now for your free, tailored, daily legal newsfeed service. Lists with This Book. He also accused the Holleeder-organisation of a large number of murders.

Nathalie Den Boer is currently reading it Jul 08, Soray marked it as to-read Jan 27, A second demarcation line is the fine line between private copyright and the free flow of information in public domain. Both the District Court Amsterdam and the Court of Appeal Amsterdam found that these conversations were not protected by copyright.

Wrongfully, according to the Supreme Court. Actually, the Court of Appeal says here that if someone does not intend to make a copyrighted work, no copyrighted work is created. The Court of Appeal said that if someone does not intend to make a copyright work, no copyright work is created. Beautiful or ugly, good or bad, little effort or years of work, this is all irrelevant in the judgment whether something is copyrighted: The district court of Amsterdam declared that for a conversation to be protected by copyright, creative choices in the manner such a conversation is led must be made.

He was assassinated in broad daylight in May Inthe Dutch Supreme Court determined that also a scent may qualify for copyright protection. In addition, the intention requirement is not completely logical: Nauticamike rated it it was amazing Oct 12, The transcripts of 9 conversations and summaries of the other back seat conversations were added to the criminal file and were obtained by two journalists of the Dutch newspaper the Parool.


Endstra’s final work? Dutch copyright: scope of protection remains very wide

Endsgra unintended creations deserve to be copyrighted. It can in any case not be asked of Mr Endstra anymore. On 30 Maythe Supreme Court in the Netherlands judged in a dispute between the sons of the real estate broker Endstra who was murdered in and two journalists that for the creation of a copyrighted work it is not required that the author intended to make a creation.

Erik De paauw added it Dec 25, Hetty rated it it was ok Jun 22, Thanks for providing a very good service.

Wim added it Sep 26, Tot 31 december schreef Bart Beuving wel eens over auteursrecht, e-business, databankenrecht en open source software. Although Endstra undoubtedly thought about what he wanted and did not want to release to the detectives and therefore applied a certain selection, he did not intentionally couch his story in this design, which means that there is no copyrighted work.

endshra In the same year it was also affirmed that kinetic schemes may also be copyrighted. Share Facebook Twitter Linked In. It is true that there must be human labour and therefore creative choices, but it concerns a characteristic that is to be known from the product itself.