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Dutch Court Bars ABBA Parody From Spotify

The judgment finds rights-holder interests stronger than the band’s claim and sets limits on commercial streaming of closely copied parodies.

Overview

  • A court in Utrecht ruled Wednesday that De Kapotte Kachels may not restore their ABBA-parody 'Dikke Pens' to Spotify and ordered the band to pay €21,903 in legal costs.
  • The judge said the parody’s melody is directly recognisable from ABBA’s 'Take a Chance on Me' and that global streaming would reach a large audience in a way that harms the rights-holder’s interests.
  • The ruling allows the band to continue performing 'Dikke Pens' live but treats commercial distribution on a streaming platform differently because it can be monetized and widely distributed.
  • De Kapotte Kachels financed their challenge with about €25,000 raised by crowdfunding and the band has said it will not appeal the verdict.
  • Intellectual property lawyers say the decision is fact-specific and does not ban all parodies, but it raises the bar for carnival artists who want to place songs on commercial streaming services without permission.