Dutch Legislation

Chapter I

in force

General provisions

Copyright Act (Auteurswet) · Articles: 72

Section None

General provisions

1 Article 1

Copyright is the exclusive right of the author of a work of literature, science or art, or of their successors in title, to make this work public and…

2 Article 2

Copyright shall pass by succession and is subject to total or partial transfer.

3 Article 3

Where an author of a literary, scientific or artistic work has transferred or licensed the copyright to a publisher, such transfer or licence shall…

4 Article 4

Unless evidence to the contrary is provided, the person who is designated as such on or in the work shall be deemed to be the author, or, in the…

5 Article 5

With respect to a work of literature, science or art which consists of separate works by two or more persons, the person under whose direction and…

6 Article 6

If a work has been created according to the design of another person and under their direction and supervision, that person shall be regarded as the…

7 Article 7

If the work, performed in the service of another, consists of the creation of specific works of literature, science or art, then, unless otherwise…

8 Article 8

If a public institution, an association, a foundation or a company makes a work public as originating from it, without mentioning any natural person…

9 Article 9

If the author is not mentioned, or is not mentioned by their true name, on or in any printed copy of the work, the copyright may be exercised against…

10 Article 10

For the purposes of this Act, works of literature, science or art are understood to mean:

11 Article 11

There is no copyright in laws, decrees and ordinances issued by the public authority, nor in judicial decisions and administrative rulings.

12 Article 12

The disclosure of a work of literature, science or art shall also be understood to include:

12a Article 12a

If the author has transferred the rental right, as referred to in Article 12, paragraph 1, under 3°, with regard to a work of literature, science or…

12b Article 12b

If a copy of a work of literature, science or art has been put into circulation by transfer of ownership for the first time in one of the Member…

12c Article 12c

Where a broadcasting organisation transmits programme-carrying signals directly to the party that provides for the transmission of a work via cable…

13 Article 13

The reproduction of a work of literature, science or art shall also be understood to include the translation, the musical arrangement, the…

13a Article 13a

The reproduction of a work of literature, science or art does not include a temporary reproduction that is transient or incidental in nature, and…

14 Article 14

The reproduction of a work of literature, science or art shall also be understood to include the fixation of that work or a part thereof on any…

15 Article 15

The reproduction of reports or articles concerning current economic, political, religious or philosophical topics, as well as works of the same…

15a Article 15a

The quotation from a work of literature, science or art in an announcement, review, polemic or scientific treatise, or for a publication with a…

15b Article 15b

The further disclosure or reproduction of a work of literature, science or art that has been disclosed by or on behalf of public authority, and of…

15c Article 15c

The lending, as referred to in Article 12, paragraph 1, under 3°, of a copy of a work of literature, science or art that has been put into…

15d Article 15d

The amount of the remuneration referred to in Article 15c, paragraph 1, shall be determined by a foundation to be designated by Our Minister of…

15e Article 15e

Disputes regarding the compensation referred to in Article 15c, paragraph 1, shall be decided exclusively by the court (de rechtbank) The Hague in…

15f Article 15f

The payment of the remuneration referred to in Article 15c shall be made to a legal person deemed representative by Our Minister of Justice and…

15g Article 15g

The person who is obliged to pay the remuneration referred to in Article 15c, paragraph 1, is required, insofar as no other time has been agreed…

15h Article 15h

Unless otherwise agreed, it shall not be considered an infringement of copyright in a literary, scientific or artistic work to make available, by…

15i Article 15i

The reproduction or communication to the public that is intended exclusively for persons with a disability, provided that it is directly related to…

15j Article 15j

Any act that is necessary for the following shall not be considered an infringement of the copyright in a literary, scientific or artistic work:

15k Article 15k

The import by a person with a reading disability or an authorised entity of a work converted by an authorised entity in another Member State of the…

15l Article 15l

An authorised entity that makes an accessible format copy available across borders pursuant to Article 15j, paragraph 1, under 3°, or imports it…

15m Article 15m

For the application of Articles 15j, 15k and 15l, the following definitions apply:

15n Article 15n

The reproduction by research organisations and cultural heritage institutions for the purpose of carrying out text and data mining on works to which…

15o Article 15o

Without prejudice to the provisions of Article 15n, a reproduction in the context of text and data mining shall not be considered an infringement of…

16 Article 16

The reproduction or communication to the public of portions of a literary, scientific or artistic work shall not be considered an infringement of…

16a Article 16a

The short recording, reproduction and communication to the public of a work of literature, science or art shall not be considered an infringement of…

16b Article 16b

The reproduction of a work of literature, science or art which is limited to a few copies and which serves exclusively for the personal practice…

16c Article 16c

The reproduction of a work of literature, science or art, or a part thereof, on an object intended to perform, exhibit or display a work shall not be…

16d Article 16d

The payment of the remuneration referred to in Article 16c shall be made to a legal person designated by Our Minister of Justice and Security, which…

16e Article 16e

The amount of the remuneration referred to in Article 16c shall be determined by a foundation to be designated by Our Minister of Justice and…

16f Article 16f

The person who is obliged to pay the remuneration referred to in Article 16c is required to provide, without delay or within a period agreed upon…

16g Article 16g

Disputes relating to the compensation referred to in Articles 15i, 15j, 16, 16b, 16c and 16h shall be decided exclusively by the court (de rechtbank)…

16ga Article 16ga

The seller of the objects referred to in Article 16c, paragraph 1, is obliged, upon the request of the legal entity referred to in Article 16d…

16h Article 16h

A reprographic reproduction of an article in a daily, news or weekly newspaper or a magazine, or of a small part of a book and of other works…

16i Article 16i

The remuneration referred to in Article 16h shall be calculated for each page on which a work as referred to in the first and second paragraphs of…

16j Article 16j

A reprographic reproduction made in compliance with Article 16h may, without the consent of the author or his successor in title, only be provided to…

16k Article 16k

The obligation to pay the compensation referred to in Article 16h shall lapse three years after the time at which the reproduction was made.

16l Article 16l

The payment of the compensation referred to in Article 16h shall be made to a legal person to be designated by Our Minister of Justice and Security…

16m Article 16m

The person who is required to pay the remuneration referred to in Article 16h to the legal entity referred to in Article 16l, paragraph 1, is obliged…

16n Article 16n

The reproduction of a work of literature, science or art by a cultural heritage institution shall not be considered an infringement of copyright if:

16o Article 16o

The reproduction or making available by publicly accessible libraries, educational establishments and museums, as well as archives and institutions…

16p Article 16p

The diligent search for the rightholder, as referred to in Article 16o, paragraph 1, under b, shall be carried out by consulting the sources…

16q Article 16q

The use of a work of literature, science or art in accordance with Article 16o, paragraph 1, shall be terminated if a rightholder, with respect to…

16r Article 16r repealed
17 Article 17

The reproduction or making available by a public media institution as referred to in Chapter 2 of the Media Act 2008 of a work as referred to in…

17a Article 17a repealed
17b Article 17b

Unless otherwise agreed, the authority to make a work public by broadcasting a radio or television programme via radio or television, or any other…

17c Article 17c

The congregational singing and the instrumental accompaniment thereof during a religious service shall not be considered an infringement of the…

17d Article 17d

A general administrative order (algemene maatregel van bestuur) established pursuant to Articles 15j, paragraph 3, 16b, paragraph 5, 16c, paragraph…

18 Article 18

The reproduction or communication to the public of images of a work as referred to in Article 10, paragraph 1, under 6°, or of a work relating to…

18a Article 18a

The incidental inclusion of a work of literature, science or art as a component of minor significance in another work shall not be considered an…

18b Article 18b

The publication or reproduction of a work of literature, science or art in the context of a caricature, parody or pastiche shall not be considered an…

18c Article 18c

The making available to the public of a work for non-commercial purposes by a cultural heritage institution shall not be considered an infringement…

19 Article 19

The reproduction of a portrait by, or on behalf of, the person portrayed or, after their death, their surviving relatives shall not be considered an…

20 Article 20

Unless otherwise agreed, the person entitled to the copyright in a portrait is not authorised to make it public without the consent of the person…

21 Article 21

If a portrait has been produced without an instruction to that effect having been given by or on behalf of the person portrayed, or for his benefit…

22 Article 22

In the interest of public safety as well as for the investigation of criminal offences, images of any kind may be reproduced or made public by or on…

23 Article 23

Unless otherwise agreed, the owner, possessor or holder of a drawing, painting, building or sculpture or a work of applied art is authorised to…

24 Article 24

Unless otherwise agreed, the creator of any painting, notwithstanding the transfer of his copyright, remains entitled to produce similar paintings.

24a Article 24a

The reproduction of a database as referred to in Article 10, paragraph 3, made by the lawful user of the database, which is necessary to obtain…

25 Article 25

The author of a work shall, even after having transferred his copyright, have the following rights:

25a Article 25a

In this paragraph, the term surviving relatives shall be understood to mean the parents, the spouse or the registered partner, and the children. The…