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Copyright © Media Law International 2017. All Rights Reserved.

Specialist Guide to the

Global Leaders in Media Law Practice

Despite declining linear television viewing, and changes to the way audio visual content is consumed, annual growth in media spend for television

and radio is progressing the audio

visual market.


In 2016, the Dutch television advertising market reached EUR 991 million in value, according to data from Screen Force, an increase of 2.7 per cent on the previous year.


Media law changes will also impact the broadcast market after parliament voted in favour of the government’s controversial bill in March last year.


The law aims to reduce the amount of populist entertainment, such as reality soaps and quiz shows, on local public broadcasting networks.


The Culture Minister Sander Dekke plans to have public broadcasting focus on programmes that are informative, cultural and educational.


Commenting of related trends, Bas Le Poole, co-founding partner of Le Poole Bekema, said: “Important trends will be the new media law accepted by parliament that strengthens the position of the public broadcasters.”


He added: “It will affect the market. We also expect this build up change of media law will lead to

different relationships between broadcasters and producers. It will lead to change in contraction, payment of rights and retransmission of rights.”


Other significant developments in the broadcast sector include the launch of an entertainment and information channel by public broadcaster NPO.


The channel, Net in Nederland, provides on-demand Dutch content subtitled in English and Arabic for new migrants who have not learnt the language of their hosting country, and is funded by the Ministry of Education, Culture and Science.


Lawyers also highlight market changes such converging business models as media companies make great strides towards transforming themselves amid the growing number of options that consumers have.


Tobias Cohen Jehoram, a partner at De Brauw Blackstone Westbroek, commented: “Public broadcasters are under a lot of pressure so we see convergence of activity, different broadcasters merging and co-operating.”



NETHERLANDS

TIER 1

Brinkhof Advocaten’s leading position is derived from its comprehensive coverage of media law, from press law and sports to advertising and entertainment. Remy Chavannes and Pepijn van Ginneken are among experts handling national and international cases that involve strategic commercial and contractual aspects. The team also advices on production and distribution matters and handles litigation.


Kennedy Van der Laan is a distinguished name in the legal market, noted for its specialist advice on IP and media law. Freedom of speech and copyright law are among core focus areas of the firm. Jens van den Brink manages the division and is recognised for his extensive experience acting for national and international broadcasters, newspaper and book publishers, television producers as well as technology companies and network operators.


The media team at Le Poole Bekema has experience spanning decades. The boutique practice represents clients including Telegraaf Media, RTL Nederland and NOS. Joint founders Bas Le Poole and Anne Bekema also advice on intellectual property rights and work closely with law firm Houthoff Buruma on Supreme Court litigation.  


A composition of highly experience lawyers, Visser Schaap & Kreijger is a leading firm for media, competition and IP legal advice. Jacqueline Schaap is the firm’s freedom of speech expert who has been involved in pioneering cases regarding the use of hidden cameras and programme listings. Working with Dirk Visser, Ms Schaap advises on film contracts and handles disputes relating to television broadcasting. Joint founder Paul Kreijger advises on regulation, data protection and electronic media.


TIER 2

Bird & Birds strength in media is rarely disputed. The practice handles high profile defamation cases involving public figures, assists international entertainment networks with acquisitions of multiple television channels and represents public broadcasters in injunction proceedings. Olaf Trojan co-manages the media division and handles a range of cases involving his core areas of specialisation - misleading advertising and freedom of expression.


Hans Bousie and Christiaan Alberdingk lead the media division at bureau Brandeis. The team is well regarded for handling complex litigation - local and international. In a landmark case the firm represented Pearson in a case on the copyrightability of aspects of psychological tests before the court of appeal in Amsterdam. Lawyers primarily focus on technology, publishing, music and film sectors - and have notable experience in all fields.


De Brauw Blackstone Westbroek has a distinguished reputation for its sector dedication. Highly regarded by peers, the practice provides advice on a full range of media and entertainment matters. The team, managed by Tobias Cohen Jehoram, has extensive litigation experience nationally and globally. In highlighted work the lawyers assisted Royal Dutch Football Association (KNVB) with a broad range of sports law matters including image rights, television rights and transfer issues.


Lawyers at Hoogenraad & Haak have in-depth knowledge of digital media, film, television, music and social media. The team advises on content-driven collaborations and proceedings for publishers, artists and producers of music.


Hoyng Rokh Monégier covers new media, entertainment and advertising. Joris Van Manen manages the firm’s media and IP practice in Amsterdam and advises on matters including copyright and regulation. Mr Van Manen leads the team in significant cases connected with television formats, database rights, online betting and unfair competition.


Van Kaam‘s media division is managed by Bertil van Kaam and Remco Klöters, who have a distinguished reputation for successful defence in cases of defamation. As noted by one client, “They are thorough negotiators, very knowledgeable in the field of civil defamation cases and have an excellent track record in these matters.” The firm also successfully represented RTL Nederland in summary injunction proceedings related to a television production.


TIER 3

Media and intellectual property boutique firm Boekx Advocaten has significant experience litigation on behalf of celebrities and private individuals in cases of defamation, libel and image rights. Established in 2005, the practice has a strong client base that includes newspaper and magazine publishers, internet companies, television networks and advertisers. Founding partners Marc de Boer and Matthijs Kaaks have extensive experience with corporate and commercial transactions in the publishing segment and multimedia organisations involved in cable television.


Entertainment, advertising and copyright feature as core practice areas at De Vos & Partners. The mid-sized practice is involved in test cases involving copyright protection of digital products and the portrait rights of paid footballers in connection with broadcasting images of football matches on television.


Houthoff Buruma maintains a strong local position with cable and telecommunications at the core of its focus. With experience advising on regulatory matters, lawyers supervise projects involving The Netherlands Authority for Consumers & Markets (ACM). Thomas de Weerd manages the TMT division which is appointed by national and international publishers, film and television production companies.


TIER 4

Baker McKenzie ‘s assistance in the area of media law includes advertising, market regulation, defamation and unfair competition. Ischa Gobius du Sart works on cases handled by the IP and media practice group, which include multi-jurisdictional transactions.  

Alvin Khodabaks manages the Amsterdam TMT division of Clifford Chance, which provides transactional and regulatory advice on mergers and acquisitions, compliance, antitrust and competition. The firm focusses on cross-border work connected with sports, intellectual property, public policy and regulation.


Freshfields Bruckhaus Deringer specialises in all aspects of media, IP and IT. The Amsterdam office, which is managed by Harald Spruit, has a primary focus on corporate and transactional matters. Working on multi-jurisdictional cases, the team assists media clients on issues including regulation, data protection and advertising law.  


International media work at Greenberg Traurig includes entertainment, gaming, sports and marketing. The firm’s local emphasis on media incorporates copyright law, contractual aspects and litigation. Radboud Ribbert leads the IP and entertainment group. He specialises in copyright law and is known for his litigation experience. Peter van Langeveld is also highlighted for his work with gaming industry clients.


TIER 5

CMS focusses on sports and data protection, with a separate division for each. Sports is among the firm’s core areas of expertise. Lawyers assist with sponsoring, portrait rights or transfers. Michiel van Dijk and Robert Jan Dil work on a range of sector-related cases that include privacy and copyright elements.


International firm NautaDutilh has a long-standing presence in the market with offices in neighbouring jurisdictions. Piet Sippens Groenewegen leads the firm’s TMT practice group, providing clients with over two decades of experience of advising and litigating in commercial and regulatory matters.


Stibbe’s TMT group is organised through the firm’s three Benlux offices, providing cross-border coordinated advice. Lawyers include key practitioners Judica Krikke and Erik Valgaeren who advise on matters ranging from broadcasting rights and sector-related tax to regulation and commercial contracting.


Top

Ranking and editorials

TIER 1

Brinkhof Advocaten

Kennedy Van der Laan

Le Poole Bekema

Visser Schaap & Kreijger


TIER 2

Bird & Bird

bureau Brandeis

De Brauw Blackstone Westbroek

Hoogenraad & Haak  

Hoyng Rokh Monégier

Van Kaam


TIER 3  

Allen & Overy

Boekx Advocaten

De Vos & Partners  

Höcker Advocaten   

Houthoff Buruma


TIER 4

Baker McKenzie

Clifford Chance

DLA Piper

Freshfields Bruckhaus Deringer

Greenberg Traurig


TIER 5

CMS

Loyens & Loeff

NautaDutilh  

Stibbe

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