It has been the topic of conversation in Brabant for weeks: De Kapotte Kachels are going to court because their carnival song Dikke Pens has been removed from Spotify. According to record label Universal, which manages ABBA’s rights, the song is too closely based on Take a Chance on Me. The carnival group disputes this and invokes the parody exception in the Copyright Act.
A crowdfunding campaign has now raised the €25,000 needed to start the proceedings. The creators are not seeking damages, but only one thing: the song must be returned to the streaming services.
This case touches on a question that regularly arises in the carnival circuit: when is a carnival song a permissible parody and when is it simply copyright infringement?
What exactly is going on?
Dikke Pens was a big hit during the 2025 carnival season. The song clearly draws on ABBA’s Take a Chance on Me, both musically and in terms of atmosphere. Spotify removed the song earlier this year because, according to Universal, it infringed copyright.
De Kapotte Kachels see things differently. According to them, it is precisely about satire, a carnivalesque use of a well-known song with a humorous twist. They therefore invoke the parody exception in Article 18b of the Copyright Act.
The legal crux: can you simply ‘convert’ a hit song into a carnival song?
Copyright protects both the melody and the lyrics of a song. Both parts are considered independent works and may not be edited or reproduced without permission. The combination of music and images – known as a sync – is also only permitted with the permission of the copyright holder.
If Dikke Pens is an adaptation of Take a Chance on Me, this is in principle not permitted without Universal’s consent.
However, there is one important exception to copyright law: parody.
Parody: when is it permitted?
The law stipulates that certain forms of use do not constitute infringement, including the creation of a parody. For a parody to be valid, it must meet a number of conditions:
- The new work must be clearly different from the original.
- It must contain humour, mockery or satire.
- No more work than is necessary to make the joke should be included.
- There should be no confusion about origin.
- The creator of the original work should not be disproportionately affected in their interests, for example through damage to their reputation.
- Freedom of expression plays a role, but it is not absolute.
Ultimately, it is up to the court to assess whether these conditions have been met. This involves weighing up the interests of the rights holders (ABBA/Universal) and the carnival group.
Why carnival is so often on the edge
Carnival music is a genre in which existing melodies are often adapted or used as the basis for a joke. This regularly leads to conflicts.
Examples from recent years:
- Ladders Zat was taken offline within a month because it was deemed too similar to Claude’s Ladada (Mon Dernier Mot).
- Lam Zijn Is Logisch (Alcoholisch), based on Automatisch by Flemming, was allowed to remain online.
- In the case of Willies Autopaleis, the court ruled that there was insufficient distance from Danny’s Autopaleis to constitute parody. The use of dialect alone was not sufficient to save the case.
It shows how thin the line is: carnival humour is not a licence to just use other people’s music.
Balancing interests: what does the judge look at?
Once it has been established that Dikke Pens contains sufficient humour and distance, a weighing up of the two parties takes place. Factors that play a role in this include:
- Is there a possibility of reputational damage for ABBA?
- Is a commercial advantage being gained (unfairly) from the popularity of the original song?
- Is the editing socially acceptable?
- Does the parody cause confusion among the audience?
- Is no more than is necessary being copied?
A well-known example of a failed parody exception is the use of the Miffy character in combination with themes such as drugs and sex. The court ruled that this was going too far, as it undermined the child-friendly nature of Dick Bruna’s works.
What now? Does De Kapotte Kachels have a chance?
The outcome is difficult to predict. The parody exception exists, but it has its limits. As reported by the AD newspaper, the group only wants the song to be reinstated on Spotify. They are not claiming any income and see it as protecting a carnival tradition.
“It’s about humour and parody, which is a tradition during carnival,” says band member Jop Roeland. “We will fight for the right of all carnival artists to continue this tradition.”
Whether the judge agrees with that position depends on two questions:
- Is Dikke Pens really a parody with sufficient creative distance?
- Do the interests of the carnival group outweigh those of Universal/ABBA?
What does this mean for artists, creative makers and businesses?
A few lessons from this and previous cases:
- A carnival song that remains too close to the original may be taken offline.
- A parody only works when it is clear that it is a joke and when that joke pokes fun at the original.
- Dialect, fancy dress parties or festive contexts do not make an adaptation a parody.
- The use of well-known melodies remains risky without permission.
- A balancing of interests may work in favour of the parodist or the copyright holder – it depends on the individual case.
Finally: will Dikke Pens be put back on Spotify?
Whether the song will return to streaming services remains to be seen. The legal framework is in place, but its application to this specific carnival song still needs to be assessed by the court.
To be continued.
Would you like advice on creating parodies, adaptations or using existing work in music, online content or campaigns? Please contact copyright lawyer Julia van Leeuwen at Guldemond Advocaten.
