A district court in Utrecht ruled on Wednesday against the band De Kapotte Kachels, refusing to force Spotify to restore their carnival parody song "Dikke Pens."
The Eindhoven-based band created the track as a parody of ABBA's hit single "Take a Chance on Me."
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After winning the Kies je Kraker 2025 competition and gaining popularity on Spotify, record label Universal Music requested its removal on behalf of ABBA members Björn Ulvaeus and Benny Andersson.
Universal Music's legal team argued that the original creators strongly oppose unauthorized altered lyrics set to their composition.
"That is simply not what Björn and Benny want," stated the lawyer representing Universal Music, as reported by RTV Utrecht.
In response, the attorney for the carnival group defended the band's right to distribute the track for seasonal festivities, highlighting how audiences consume carnival media at home.
"You don't just celebrate Carnival in the pub, but also at home.
And then you want to stream a song like that," said the lawyer for De Kapotte Kachels.
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The Utrecht court concluded that the commercial and intellectual property rights of Universal Music and ABBA outweigh the interest of De Kapotte Kachels.
The judge noted that the melody remains immediately recognizable to a broad audience and generates commercial value through streaming platforms.
The ruling does not completely restrict the group's freedom of expression, as the judge permitted the band to continue singing and performing "Dikke Pens" during live performances.
However, the legal defeat obliges the band to pay 21,903 euros in legal court expenses.
Band member Sander confirmed to Omroep Brabant that the group raised 25,000 euros through a crowdfunding campaign last year to launch the lawsuit.
Prior to the verdict's release on Wednesday morning, he noted that the group would accept the outcome. "We resign ourselves to the ruling," said Sander.
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De Kapotte Kachels confirmed they will not file an appeal against the court's decision.
