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.