Carnival band the Kapotte Kachels from Eindhoven had a very special performance on Wednesday. In the court in Utrecht, the members of the band were diametrically opposed to the major music publisher Universal Music. He believes that the song Dikke Pens should not be on Spotify, because Abba does not tolerate parodies of their song Take a chance on me.
It was also special that both songs were played in the courtroom at the beginning of the summary proceedings. The clerk had specially looked up the songs on YouTube and with a serious face first played Abba’s Take a chance on me and then Dikke Pens. It would undoubtedly have been the most serious audience for Dikke Pens, although the lawyer for Abba’s record label shouted that ‘it is difficult to sit still!’
According to the lawyer of the Kapotte Kachels, such a parody should be possible, also on Spotify. “You don’t just celebrate Carnival in the pub, but also at home. And then you want to stream a song like that,” he argued. He doesn’t see a problem with a parody based on an Abba song. “It is 50 percent from Abba and 50 percent from Broken stoves,” he clarified.
But Universal Music does not agree with this and the explanation was simple: Abba does not want different lyrics to be written on their music and that their name suddenly appears on Spotify with a song by the Kapotte Kachels. “Björn and Benny from Abba just don’t want that,” said Universal’s lawyer. “They never give permission to change their texts. To anyone. And certainly not to make money with it.”
According to Universal Music, the gentlemen are allowed to play the song during live performances and broadcasting it on TV or YouTube is no problem. But distributing it worldwide via Spotify is not allowed.
The four members of the Kapotte Kachels sat silently during the lawyers’ legal battle and left the floor to them. They believe that Dikke Pens should be available everywhere, including on Spotify. It’s not without reason that they won Kies je Kraker in 2025.
They achieved more than a million streams on Spotify and Universal also thinks that is commercial. “Abba can have that money from us,” was one of the few things that Sander van de Dikke Kachels added to the lawyers’ words.
It is still unclear which way things will go. The judge will decide on July 29 whether Dikke Pens can be put back on Spotify or whether Abba will be right.