Notifying Member

Netherlands

Details of the notified legal text

Title

Copyright Act (Auteurswet)

Subject matter

Copyright and related rights

Nature of notification

[X]     Main dedicated intellectual property law or regulation_

[  ]     Other law or regulation_

Link to legal text[*]

https://ip-documents.info/2024/IP/NLD/24_06516_00_e.pdf

https://ip-documents.info/2024/IP/NLD/24_06516_00_x.pdf

Notification status

[  ]     First notification

[  ]     Amendment or revision to notified legal text

[X]_     Replacement or consolidation of notified legal text(s)

Previous notification(s) referred to

IP/N/1/NLD/C/1

Brief description of the notified legal text

Implementation of European legislation regarding copyright has led to the adjustment of the Dutch Copyright Act. Some highlights:

•      The position of the creator in the digital single market has been further strengthened. The interpretation of the concept of fair compensation is being further harmonized (art.25c and art.25d of the Copyright Act).

•      A new article is created (art.25ca Copyright Act) that contains a transparency obligation for operators and (sub)licensees. It requires the operator to provide the creator annually with an overview of the entire exploitation, in particular with respect to the modes of exploitation, the income generated thereby and the remuneration due. The information must be current, relevant and complete.

•      Art.25e Copyright Act deals with non-usus. Article 25e of the Copyright Act provides that a creator may terminate the exploitation agreement in whole or in part if the other party does not adequately exploit the copyright in the work within a reasonable period of time after the conclusion of the agreement. Previously, this article stated that the creator's interest had to give way in the event of a compelling interest of the operator in maintaining the agreement. This part has now been deleted.

Language(s) of notified legal text

English, Dutch

Entry into force

1 October 2022

Other date

Notification details

Submission date of notification

19 June 2024

Other information

https://wetten.overheid.nl/BWBR0001886/2022-10-01

Agency or authority responsible

The Ministry of Justice and Security