Cher ‘believed’ and was proven right by the Dutch judge

Because of the decision of the judge in interim proceedings, artists, authors and licensers are not just depending on an (limited) audit clause in the contract any more. Until recently, this was the only way for artist to get information concerning their work. But now, if they want to get more financial information than is possible with an audit clause, they can also invoke article 843a of the Criminal Procedures in the Netherlands.

The case between Cherilyn Sarkisian, better known as Cher, and Universal International Music (UIM) runs in the United States. The trail is about not conveying royalties to Cher for her CD’s ‘Cher The Greatest Hits’ en The Very Best Of Cher’.

The UIM, which is vested in the Netherlands, was asked by the Superior Court of California to hand over contracts, figures and other information relating to the CD’s. UIM refused, so Cher claimed that the judge in interim proceedings in the Netherlands, would force UIM to hand over the requested information.  

The decision on the interim injunction was delivered by the court in interim proceedings in Utrecht on August 2, 2011. Cher was proved right for the most part. The judge in interim proceedings declared that Cher could invoke article 843a Civil Procedures, the so-called exhibition obligation. This obligation means that Cher, who has a rightful interest, can claim insight, copy or excerpt of the information.

It is important to meet with the five conditions from article 843a RV. There should be:
a.    A rightful interest;
b.    Insight, copy or excerpt of the information;
c.    Concerning a legal relationship;
d.    No important reasons why the information shouldn’t be available
e.    A proper administration of justice is not possible without the information.

The judge in interim proceedings ruled that Cher did meet the conditions for the most part. Now UIM must hand over a large portion of the information requested by Cher.

Read more about royalties on FutureofCopyright:

• Employees of Spanish collecting society SGAE face fraud charges
• US Court: distribution of digital tracks is about licensing, not sales

Sources: De Vos blog; Boek9.nl
By: Karen Groen