ADULT MOVIE STAR KIM HOLLAND SUCCESSFULLY SEWS VIDEOSITE FOR COPYRIGHT INFRINGEMENT (NETHERLANDS)

Adult movie star Kim Holland successfully sews videosite for copyright infringement (Netherlands) User generated content: online videosite itself is deemed to make content available to the public.

The Dutch online videosite 123Video.nl allows its users to upload content. Until October 2008 this was also possible in the category XXX (Erotic Content). Also films with and by the wellknown Dutch porn model Kim Holland were made available. Kim Holland's holding company sewed 123Video.nl and filed an extensive damages claim for these copyright infringements against 123 Video.nl itself, not against the user who uploaded the content. On 24 November 2010 the District Court of Amsterdam decided that 123Video.nl should be deemed to make the content available to the public, thus applying the Rafael/Hoteles judgment by the ECJ.

123Video.nl had denied all responsibility and liability and referred to the uploader. The Distict Court has now held that the role of 123Video.nl is more involved than strictly and passively forwarding the uploads to the public in the name of the uploader. The Court considers relevant that the content is converted to Flashvideo and stored on the server of 123 Video.nl. And 123 Video sometimes modifies the content - it moved a porn movie from from another category into the XXX category. Of each film a still (screenshot) is shown. Furthermore there are categories 'most views', 'best reviews' etc. This causes that 123Video.nl makes the content public itself, and is directly liable for damage due to copyright infringement if content is uploaded and made available without the copyright owners consent.

Ruud Slakhorst of Kim Holland Productions says: “123Video made additional turnover with our films, by meand of commercials that were shown before our illegally uploaded material, but it found that it was not at all responsible for any of the content. We needed to check ourselves whether any material on the site is infringing. But we just can't permanently keep an eye on all those online videosites like 123Video.nl. Now it has been decided that an online videosite has its own responsibility, and must act alike. The judgment is a great victory for rightholders in films.”

The District Courts has not yet decided on the damages claim. Kim Holland first needs to provide evidence that she is the owner of the copyright to the uploaded films. 123Video.nl has announced that it will appeal against the recent judgment.

A team led by copyright lawyer Maarten Haak has represented Kim Holland in this matter.

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ADULT MOVIE STAR KIM HOLLAND SUCCESSFULLY SEWS VIDEOSITE FOR COPYRIGHT INFRINGEMENT (NETHERLANDS)