No copyright infringement in “Knokke Off” v. “Verzwijg Mij Niet” dispute

The Enterprise Court of Ghent recently delivered a ruling in a copyright dispute between author Piet Baete and production company Dingie BV, producer of the hit TV series Knokke Off (internationally known as High Tides and set in the Belgian exclusive beach resort of Knokke). The case revolved around allegations that the series unlawfully adapted Piet Baete’s crime novel Verzwijg Mij Niet, published in 2011.

The claim

Baete argued that, as the author of the book Verzwijg Mij Niet, he holds the corresponding copyrights and that Knokke Off constitutes an unauthorized adaptation thereof, produced without his consent, in violation of Article XI.165 of the Belgian Code of Economic Law. He targeted Dingie’s adaptation of the storyline, arguing that the series’ script corresponds to the plot developed in his book. He sought an injunction to stop further exploitation of the series and its derivatives, subject to penalty payments.

Dingie BV denied the allegations, asserting that the series was conceived and developed independently, well before Baete’s book was published, and that any similarities were purely coincidental. The producer characterized Baete’s action as an attempt to capitalize on the series’ success. In a counterclaim, Dingie sought damages, alleging vexatious and reckless litigation.

The Court’s analysis

The Court dismissed both parties’ claims and reaffirmed key principles of copyright law:

• Ideas, thoughts, principles, methods and the like are not protected. Only original works expressed in a concrete form can be protected.
• To prove infringement, the claimant must show that the adaptation reproduces original elements of the work, creating the same “overall impression”.
• A film adaptation that does not follow the main theme of the original work and leads to a different overall impression cannot constitute copyright infringement merely because it takes over a general idea that is common knowledge.

After comparing the novel and the series, the Court concluded there was no substantial similarity:

• The novel Verzwijg Mij Niet is a classic crime thriller built around a murder investigation, set against Knokke’s bourgeois backdrop.
• Knokke Off portrays the lives of privileged youth in Knokke, focusing on identity, excess and relationships. It is not a whodunit.

The only common element is Knokke as a setting, which the Court deemed part of the public domain and not subject to copyright protection. Any other parallels lacked originality and could not justify exclusivity.

Conclusion

This ruling is a clear reminder of the limits of copyright protection. Copyright does not protect ideas, themes or settings. It only protects the concrete expression of an original work. It is widely accepted that copyright does not cover style. Article 9.2 of the TRIPS Agreement confirms that ideas, procedures, methods of operation or mathematical concepts as such are excluded from protection.

To establish infringement, a copyright holder must demonstrate that the adaptation reproduces original elements, such as narrative structure or character development, creating the same overall impression.

While there is little doubt that the novel Verzwijg Mij Niet meets the originality threshold for copyright protection, the Court found no reproduction or adaptation of its original elements in the disputed series Knokke Off. The format, specific scenarios and characters were not copied.