Buma Stemra is not admissible in summary proceedings it had filed against radioportal NederlandFM, due to lack of urgent interest. The question of whether embedded radio streams new disclosures, now remains unanswered.
Buma Stemra has recently begun invoices to send to radioportals for the embedding of streams with music. According to the foundation, there is a new disclosure and to make the sites revenue, which artists would have been entitled to a fee. NederlandFM refused to pay and sent to a jury trial.
The court finds that NederlandFM already in 2001 it was started and that the owner, Jim Souren, several times in contact with Buma Stemra, among other things about the licensing policy. On October 25, would Souren have already let know to want to send you on a proceedings on the merits, but only at the end of march sent Buma a summation.
According to the court, can not be said to be ‘that’ in this procedure is swiftly dealt with. The claim that Buma ‘hands full had to a lobby of Souren against the ’embedded tax’ cuts no wood, is in the judgment. This is why it is not more important that the claimed infringement still continues, and according to the court, can not be said that there is urgent interest, such as is necessary for a kortgedingbehandeling. Buma is therefore inadmissible.
Jim Souren of the Netherlands.FM responds positively towards Tweakers.net. “The most important question remains unanswered: is embed for radio stations, a new disclosure?”, says Souren. “In interlocutory proceedings there is too little time for the merits of the case is actually the better procedure to get it to stand still.”
Buma/Stemra responds ‘surprised’ at the decision. The opinion of the court that there is no urgency, the organisation shall be rejected. “We are of the opinion that a copyright infringement always requires urgent remedial action,” said spokesman Bas Erlings. The organisation says to ‘consider’ next steps. Souren of the Netherlands.FM says hope the case comes to the case to find out.