Citaat | Parket bij de Hoge Raad 10 januari 2003

Alinea 45 Parket bij de Hoge Raad 10 januari 2003

Een alinea uit Parket bij de Hoge Raad 10 januari 2003, ECLI:NL:PHR:2003:AF0128.

In January 1995 a written agreement for the exploitation of the master recording called "Charlie the Symbolic Dog", which comprised recordings with the artist Bone Fiction, was concluded between Peer-Southern Productions Holland B.V. (Peer) and Bone Fiction. As a result, Peer was authorized to seek and negotiate licensing deals for the manufacture and distribution of the master recording mentioned. This right was exclusive for territory A (the world excluding Great Britain and United States) and - at first - non-exclusive for territory B (Great Britain and United States) but with an option for exclusivity. The non-exclusivity was due to the fact that Bone Fiction had invested a lot of money in the recordings and was at that time not sure of Peer's possibilities for exploitation of the master recording in these two countries. Bone Fiction wanted to be able to look for themselves for other licensing partners in these two countries. But not very late after signing this agreement, Peer came up with Rainbow, who wanted worldwide exclusive rights. Therefore, due to a verbal agreement between Bone Fiction and Peer-Southern Productions Holland B.V. made after January 1995 but before June 1st 1995, Peer was entitled to provide Rainbow Entertainment Consulting B.V., d/b/a Rainbow Entertainment Group (Rainbow) with the entire exclusive worldwide licensing rights with regard to Bone Fiction's master recording. Thus including exclusive rights for Great Britain and the United States. Also before June 1st 1995, Peer had given [betrokkene 2] the Dutch text of the agreement, as well as an english translation of the text of Rainbow's draft-license agreement. As a result of this, Bone Fiction was fully consulted and fully aware of and fully consented in the exclusivity of all (worldwide) licensing rights granted to Rainbow. Furthermore, there have been several meetings with all parties involved, during which the members of the group Bone Fiction were present and at which occasion Rainbow's plans for the exploitation of the album were explained and agreed to by all parties involved, including Bone Fiction.

Zelf controleren

Voor dit citaat hoeft niemand Bron op zijn woord te geloven. Het document dat rechtspraak.nl publiceerde, staat op https://bron.page/api/v1/blobs/1cb761a0a82849a1aa9ea79dde3c3cfba583b0a405b2244c20cc597edf9707e6. Wie het ophaalt en de SHA-256 ervan berekent, krijgt 1cb761a0a82849a1aa9ea79dde3c3cfba583b0a405b2244c20cc597edf9707e6, en de alinea staat in dat document op bytes 14926 tot 17062.