Brein wins legal case of amateurondertitelaars
Brein, a litigation win that was filed by a group of amateurondertitelaars. They create Dutch subtitles in foreign movies and tv-series and post it online.
The district court of Amsterdam ruled this week that that’s not allowed without the permission of the filmmakers, it appears from the judgment that by Brein has been put online.
The Foundation makes Subtitles Free had in the lawsuit argued that the subtitles are an independent work form, which the holders of the copyright on the original text, no permission need to give the before the subtitles online are distributed. The foundation relied on the freedom of expression.
All receivables of the group are dismissed by the district court. According to the court, there is a literal translation of the copyrighted work, and is therefore always the author’s consent is required before the subtitles are distributed. Or the subtitle shall be construed as independent work is not relevant.
Director Tim Kuik of Brein says are pleased with the ruling. According to him, it is easier to act against other groups without permission subtitles. “Brain will this enforcement also increase since it is extremely harmful to the copyright owners and the new business models who are suffering under the illegal competition from illegal subtitled pirated movies and tv-series.”