Copyright
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Are you an author or maker of an original work? Then you determine what happens with your work. The Dutch Copyright Act (Auteurswet) automatically protects the copyright of original works of literature, science, and art from the moment the work is created. Do you have copyright of a work? Then you may determine what happens with the work. For instance, you decide how others use, copy, or display your work.Â
Examples of works protected by copyright are:
- books, music, and films
- paintings and drawings
- software, video games, and apps
- architectural drawings
- photos and videos
- newspaper articlesÂ
Examples of works that are not protected include catalogues, manuals, timetables, and theatre programs.Â
When does copyright apply?Â
Copyright applies from the moment you created your original work. You do not need to register or file your work. Copyright is automatic, free-of-charge, and applies internationally. The Dutch Copyright Act protects your work if it meets these 3 conditions:Â
- Your work is original and personal. It cannot be similar to works of others.
- Your work is perceptible by the senses. Your work can be seen, read, or heard.
- Your work does not concern a technical product or production process. In this case you must apply for a patent.Â
How do you prove your copyright?Â
Your copyright is not officially registered anywhere, so it is wise to include your name and the date when creating a work. In a court case you can then prove the work was already yours on the stated date. You can do this for instance by:Â
- putting a copyright icon © with your name and date on your work.
- sending yourself a copy or a picture of the work by registered mail. Do check if a date is stated on the package and leave the package er envelope closed.
- having a civil-law notary record your copyright for a specific work with a date stamp, notarial deed, or report.
- having a digital date stamp for your work recorded in the Benelux Office for Intellectual Property’s (BOIP) iDEPOT.
Please note: these measures do not give you any IP rights. They are extra proof that you were in possession of the work at a given time.Â
Transfer of copyrightÂ
Authors (makers) can transfer their copyright in whole or in part (in Dutch):Â
- the author can issue the rights under licence to a museum or publisher for example. In this case, copyright remains with the author, but the museum or publisher has permission to display, disseminate, or copy the work. An exclusive licence must be agreed in writing. A non-exclusive licence can be agreed verbally as well.
- In the case of a copyright transfer, the author sells the rights to their work to another party.Â
The author of the work may decide the price of licencing or transfer of the copyrights. This must also be agreed in writing. If an author creates a work for an employer, the copyright automatically transfers to the employer unless a prior agreement determines otherwise.Â
Copyright after death
If a copyright holder dies, their copyright is automatically transferred to their heirs. The copyright applies until 70 years after the death of the work’s creator. This period starts on 1 January of the year after the death of the creator.
Copyright violation
Is your original work used without your permission? For example, it is distributed, printed, published, or uploaded to the internet? Then this is a copyright violation (in Dutch). You can have the court prohibit further distribution of your work. And you can demand compensation for the damages.Â
Online content platformsÂ
Platforms which distribute user-generated content, such as pictures, music, and videos online must:Â
- actively obtain permission from the rightsholders on copyrighted content
- partially share income generated by advertisements with all rightsholders
- filter content which violates copyrights for which no permission is acquired and remove the violating content if needed
- allow their users to appeal wrongful removal of contentÂ
Other protections by the Copyright Act
Copyright contract law (Wet auteurscontractenrecht, in Dutch) strengthens the position of authors and performers who depend on exploitation agreements to have their work distributed. For instance with publishers, record companies, or film producers. The exploitation contract gives the operating company permission to exploit their work in return for compensation. Copyright contract law requires exploitation contracts to state that the maker has the right to:Â
- a fair remuneration, and a higher remuneration if the work becomes very successful
- partially or fully end the contract with the exploitation organisation if the work is not properly exploited
- have unfair demands in the exploitation contract removedÂ
TransparencyÂ
If you use copyrighted works, you must be transparent towards the creator and performers of the work. You must inform authors and performers on, among others, how they distribute the work, how it is performed, their revenue, and the author’s and performers’ remuneration.
Are you a performing artist, such as a singer, musician, actor, or film or music producer? Neighbouring rights (naburige rechten) protect your performance of a work. The performing artist must give permission before another party may record, broadcast, or sell your performance.Â
Neighbouring rights originate automatically and may be transferred. They provide protection of your rights for 50 years. A 70-year term of protection applies to an executive musician or a music producer.
Databases and collections of works which took a great deal of time to compile can be protected under database law and copyright law. If you want to use a database you must ask permission from the person who created it. You do not need permission to use a database for text and data mining (TDM).
Do you lend protected works such as paintings, books, music, or movies? You must compensate the copyright owners. You must report to the Public Lending Rights Office (Stichting Leenrecht) which works you have lent, and pay them accordingly. They will distribute your payment to the rights holders.Â
You can find more information with the Centre for Service to Authors’ and related Rights (Centrum voor Dienstverlening Auteurs- en aanverwante Rechten, Cedar).
If you film or photograph people, you will own the copyright on the resulting work but not the portrait right. The portrait right allows the portrayed person to prohibit the publication or copying of the photo or film. If multiple persons are portrayed, they each have portrait rights. In many cases you must ask permission to publish a portrait. Portrait rights last until 10 years after the death of the person or persons portrayed.
Collective management of copyrightÂ
Creators of works may exercise their copyrights through a collective management organisation (CMO). CMOs are subject to the EU directive on copyright and related rights. CMOs must inform creators on how their work is distributed, the revenue, and their resulting remuneration. There are specific CMOs in the Netherlands (in Dutch) for specific types of copyright.Â
An Independent Management Entity (IME) is similar to a CMO but it is organised on a for-profit basis.Â
Supervision and complaintsÂ
The Dutch Copyright Supervisory Board (College van Toezicht Auteursrecht, CvTA, in Dutch) supervises several CMOs and IMEs (in Dutch).Â
Do you wish to file a complaint against a CMO or IME as a user of work protected under copyright law? You must first contact the party you wish to file a complaint against. If they fail to settle your complaint properly, you can contact VOI©E’s integrity committee (in Dutch) or the Copyright Disputes Committee for businesses (in Dutch) if the CMO or IME is a member.Â
Licences for music copyright mediationÂ
If you want to mediate in music copyrights, you need a licence from the Ministry of Justice and Security. This licence allows you to mediate performances of copyrighted works on radio or TV and in public. You do not need a licence if you publish the music on the internet, whether through downloads or streaming.