Legal Assistance with Copyright and Media


Questioner

My 15 year old son made a video about a YouTube celebrity in which he makes jokes about this celebrity and posted this video on his own YouTube channel. This was in response to a message from this celebrity that he would be handing out personalized videos, and when my son asked him for such a video he received a message that he first had to transfer €90 for this. He made a video about how he thought this amount had been reached, and what the celebrity would spend it on. He also used images and clips from other videos of the person. Incidentally, he only said/repeated things that were said by the man himself, did not make things up and was not offensive in his language or anything like that. He did, however, portray the man as 'not very intelligent'. Because he actually found his video quite funny, and certainly not offensive, he even sent a message to the celebrity with a link to the video and a request for a response. Now he is receiving threatening messages from 'the management of the celebrity' with orders to remove the video, or legal action will follow. Can he do this? And should he remove the video?

Lawyer

We are dealing here with copyright that the creator may be entitled to. Inviting someone to do something and then imposing a penalty on it falls under the heading of unfair commercial practices. All this according to the 'Unfair Commercial Practices Guidelines', according to art. 6: 193a to 193j Civil Code.

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