KluwerCopyrightBlog.com: "In a case about the use of the ‘house style’ of the Dutch police, the summary proceedings judge District Court Amsterdam ruled this week that the Dutch State has to give permission to the producer of the television series ‘Doctor Tinus’ for the use of the police-logo, the police car-striping and other elements of the house style of the Dutch police.
In this case, the Dutch State took the position that the State doesn’t have to give permission for the usage of elements of the ‘police house style’ and the other features of the police in fictional movies or series, if these elements or features are protected as intellectual property (trademarks/copyrights). The State’s policy is that if the police is depicted neutrally and realistically and in a way that doesn’t harm the image or reputation of the police, permission will be give without hesitation, but that permission will be denied if (as was said to be the case in ‘Doctor Tinus’) fictional police officers are depicted as being goofy, drunk or stoned, breaking the law or torturing suspects.
The judge concluded, after balancing the interests of both parties, that entertainment programs (including drama series) fall within the scope of Article 10 of ECHR and that the producer of the litigious series ‘Doctor Tinus’ were right to assume that he was allowed to use the required elements of the police house style.
Not only is the television viewer fully aware that series are fictional, but he is also accustomed to the fact that the police in police drama series is usually depicted exactly like the real police. As a result, a producer of a TV series has a valid reason to make use of police uniforms and police cars that are equipped with the 'real' logos of the State. The defense of the State that producers can always use alternatives (fake uniforms, fake cars), is invalid. The viewer will not experience it as real and will even consider it to be weird, amateurish or even ridiculous."
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Netherlands: police copyright vs. police drama series
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