Carnival group loses ABBA parody lawsuit, song stays off Spotify

A Dutch court has ruled against the carnival group Kapotte Kachels, denying their request to have their parody song 'Dikke pens' reinstated on Spotify. The song, a parody of ABBA's hit 'Take a chance on me,' had already garnered a million streams before being removed at the request of ABBA and music label Universal Music.

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Björn and Benny of ABBA want to prevent others from creating new lyrics to their music. They never give permission for this, especially not for commercial purposes.

The court sided with the Swedish pop group and their label, stating that ABBA does not permit others to create new lyrics for their music, especially for commercial gain. The lawyer for Universal Music emphasized that Björn and Benny of ABBA never give permission for such uses.

While the Kapotte Kachels argued that their parody was 50% their creation, the court found that the commercial interests of Universal and ABBA carried more weight. The ruling prevents the song from being placed back on streaming platforms, as it could lead to a lasting association between ABBA's work and content they do not wish to endorse.

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The use of 'Dikke pens' on streaming platforms leads to a lasting association between ABBA's work and an expression with different content and intent, with which ABBA does not wish to be associated.

However, the group is still permitted to perform 'Dikke pens' live, broadcast it on television, and distribute it via YouTube. The court determined that this restriction does not infringe on the band's right to free expression. As the losing party, Kapotte Kachels must cover legal costs totaling 22,000 euros. Fortunately, a crowdfunding campaign initiated by the group has already raised over 25,000 euros, covering the expenses. The band has decided not to appeal the ruling.

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We accept the verdict.