B912408
Kluwer Copyright Blog: "In an interesting case about the portrait rights of the legendary Dutch football (soccer) player Johan Cruijff, the Supreme Court of the Netherlands recently ruled that a portrait right is not an exclusive right and that a commercial interest can make a difference, unless a reasonable remuneration has already been offered. [...]
In short, the Appellate Court concluded earlier that there is no right of self-determination with regard to the use of a portrait, as such a right would unduly hinder the freedom to receive and provide information or ideas by means of photographs. Portrait rights cannot be compared with exclusive IP-rights."
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