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Specialist Guide to the

Global Leaders in Media Law Practice

The year 2024 started with new obligation for streaming services to invest in Dutch productions. Effective from January 2024, streaming platforms active in the Netherlands will be required to invest 5 per cent of their annual turnover in Dutch audiovisual productions such as series, films and documentaries.

Over the past year, significant developments include Europe’s largest media company, Bertelsmann, selling its Dutch TV operations for EUR1.1 billion.

In December, RTL Group, majority-owned by Bertelsmann, announced the all-cash deal that will see the transfer of ownership of its Dutch arm, RTL Nederland, to Belgian-owed DPG Media. The sale follows the blocked merger of RTL Nederland and Talpa Network, two of the country’s largest broadcasters, in February last year.

Netherlands competition authority, the ACM, blocked the merger at the start of last year following an in-depth review, on the grounds that

the merged company would unfairly dominate the country’s television and advertising market.

In other areas, lawyers say the market has been active across digital media, copyright and influencer marketing.

One lawyer commented: “Obviously, there is the matter of developments regarding the DSA and DMA. Influencers and influencer marketing is being regulated more and more. Changes have been made to the Dutch Copyright Act with regard to contract laws after a review report that suggested changes.”

He added: “All these legislative changes have led to questions from our media clients on how to deal with them.”

NETHERLANDS

TIER 1

AC&R is a boutique firm fully dedicated to soft IP (trademarks, copyrights and design rights) and media law. AC&R was established in January 2023 by Anne Bekema, Laura Broers, Arnout Groen and Jesse Hofhuis. The partners have extensive experience in handling the most prominent and complicated soft IP matters in the Netherlands and Europe and have a strong track record in the Dutch Media industry. By joining forces, the team of 10 lawyers at AC&R is able to provide practical solutions (steering away from legal difficulty) where possible and cutting-edge legal advice (exploring the boundaries of the law) where needed.

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

bureau Brandeis specialises in litigation, with a focus on complex and international disputes. The firm has a dedicated team of around 15 lawyers that know the world of media & entertainment inside out. Being seasoned litigators, the lawyers at bureau Brandeis not only know why most conflicts arise and how to avoid them, but help you win them if you have to. bureau Brandeis' experience in the media & entertainment industry is unrivalled in the EU. The firm is a leading player with regard to IP and contractual matters related to music, books, film, television and new media.

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. The firm’s media team 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.

Composed of highly experienced lawyers, Visser Schaap & Kreijger is a leading firm for media, competition and IP legal advice and litigation. Jacqueline Schaap and Patty de Leeuwe are the firm’s freedom of speech and defamation experts. They both have been involved in pioneering cases on these topics and on misleading advertisements on Facebook. Working with renowned IP expert Dirk Visser, Jacqueline also advises on film contracts and handles disputes relating to television broadcasting and formats. Joint founder Paul Kreijger advises on regulation, competition, data protection and electronic media. Together with Jasper Klopper Paul also handles disputes in the music industry.

TIER 2

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. The team has extensive experience with corporate and commercial transactions in the publishing segment and has advised clients from multimedia organisations and cable television.

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.

Van Kaam’s media division has a distinguished reputation for successful defense 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

Bird & Bird’s 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. The team handles a range of cases involving his core areas of specialisation - misleading advertising and freedom of expression.

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 has extensive litigation experience nationally and globally. In highlighted work the lawyers assisted Royal Dutch Football Association with a broad range of sports law matters including image rights, television rights and transfer issues.

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 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). The practice is appointed by national and international publishers, film and television production companies.

Hoyng Rokh Monégier covers new media, entertainment and advertising. The firm’s media and IP practice in Amsterdam and advises on matters including copyright and regulation. The team has significant experience working on cases connected with television formats, database rights, online betting as well as unfair competition.

TIER 4

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

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. The team works 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. The TMT practice provides clients with over two decades of experience of advising and litigating in commercial and regulatory matters.

TIER 5

The Amsterdam TMT division at Clifford Chance, 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

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. The IP and entertainment group specialises in copyright law and is known for its litigation services. The firm is also highlighted for its work with gaming industry clients.