Dutch Legislation

Chapter II

in force

The exercise and enforcement of copyright and provisions of criminal law

Copyright Act (Auteurswet) · Articles: 34

Section None

The exercise and enforcement of copyright and provisions of criminal law

26 Article 26

If a joint copyright in the same work vests in two or more persons, the enforcement of this right may, unless otherwise agreed, be effected by each…

26a Article 26a

The right to grant consent for the communication to the public by way of retransmission of a work via cable or by any other means may only be…

26b Article 26b

The parties are obliged to conduct negotiations regarding the consent for disclosure by means of transmission, as referred to in Article 26a…

26c Article 26c

If no agreement can be reached regarding the disclosure by means of retransmission, as referred to in Article 26a, paragraph 1, each party may appeal…

26d Article 26d

The court may, upon the claim of the author, order intermediaries whose services are used by third parties to infringe copyright to terminate the…

26e Article 26e

The preliminary relief judge may, upon the claim of the author or his successor in title, permit the temporary continuation of the alleged…

27 Article 27

Notwithstanding the total or partial assignment of his copyright, the author remains entitled to institute legal proceedings to claim damages against…

27a Article 27a

In addition to damages, the author or his successor in title may claim that the person who has infringed the copyright be ordered to surrender the…

28 Article 28

Copyright grants the entitled party the authority to claim, as their property, movable objects that are not registered property and that have been…

29 Article 29

The authority referred to in Article 28, paragraph 1, cannot be exercised with regard to items in the possession of persons who do not trade in…

29a Article 29a

For the application of this article, "technological measures" shall be understood to mean any technology, device or component that, in the normal…

29b Article 29b

Any person who intentionally and without being entitled to do so removes or alters electronic rights-management information, or distributes, imports…

29c Article 29c

A provider of an online content-sharing service makes works of literature, science or art provided by the users of its service available to the…

29d Article 29d

By way of derogation from the provisions of Article 29c, paragraph 2, an online content-sharing service provider that has been providing its service…

29e Article 29e

Article 6, paragraph 1, of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital…

30 Article 30

If a person makes a portrait public without being entitled to do so, the same provisions as those set forth in Articles 28 and 29 with regard to…

30a Article 30a

For the provision of mediation services regarding music copyright as a business, whether or not with the intent to make a profit, the consent of Our…

30b Article 30b

Upon the petition of one or more representative organisations of professional or trade peers, in the opinion of Our Minister of Justice and Security…

31 Article 31

Any person who intentionally infringes upon the copyright of another shall be punished by a term of imprisonment not exceeding six months or a fine…

31a Article 31a

Any person who intentionally has in his possession an object in which a work is embodied in infringement of another's copyright,

31b Article 31b

Any person who makes a profession of committing the offences referred to in Articles 31 and 31a, or who carries out the commission of these offences…

32 Article 32

He who, in respect of an object of which he can reasonably suspect that it contains a work in which the copyright of another is infringed,

32a Article 32a

He who intentionally facilitates means which are exclusively intended to remove or circumvent, without the permission of the author or his successor…

33 Article 33

The acts criminalised in Articles 31, 31a, 31b, 32 and 32a are indictable offences (misdrijven).

34 Article 34

Any person who intentionally makes any unlawful alteration to any work of literature, science or art in which copyright subsists, or to the title…

35 Article 35

Any person who, without being entitled to do so, exhibits a portrait in public or makes it public in any other manner, shall be punished by a fine of…

35a Article 35a

Any person who, without having obtained the required consent of Our Minister of Justice and Security, performs acts that pertain to a business as…

35b Article 35b

Any person who, in a written application or statement intended to be used in the business of a party that, with the consent of Our Minister of…

35c Article 35c

Any person who intentionally fails to provide a written statement to the legal entity referred to in Article 16d, paragraph 1, serving for the…

35d Article 35d

Any person who intentionally fails to provide a statement as referred to in Article 15g, or who intentionally makes an incorrect statement in such a…

36 Article 36

The reproductions declared forfeit by the criminal court shall be destroyed; however, the court may determine in the judgment that they shall be…

36a Article 36a

Investigative officers may at all times, for the purpose of investigating offences punishable under this Act, demand access to all documents or other…

36b Article 36b

Investigative officers are authorised to enter any place for the purpose of investigating offences punishable under this Act and for the seizure of…

36c Article 36c repealed