Netherlands/ 5.1 General legislation  

5.1.7 Copyright provisions

Intellectual property can be divided into 2 categories: industrial property, which includes, amongst others, industrial designs and inventions, and copyright, which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs.

Industrial property

One of the areas protected by Industrial Property Laws is industrial design: the design must have a visual appeal, perform its intended use and must also be able to be reproduced by industrial means. The Benelux Office for Intellectual Property (BOIP) [Benelux-Bureau voor de Intellectuele Eigendom, BBIE] is the official body for the registration of designs in the BENELUX countries. In addition, the BOIP offers the possibility to formally record the existence of ideas, concepts, design prototypes etc. Industrial rights accrue to the creator for 20 years.

Copyright and related rights

Copyright

The Copyright Act of 1912 [Auteurswet 1912] protects "literary, scientific or artistic works". Copyright accrues to the creator until 70 years after his or her death. It enables the creator of a work of literature, science or art to earn a reasonable income. It was considered to be an important contribution to the flourishing of such fields in the Netherlands. By creating a work of literature, science or art, one can immediate claim copyright, but a court decision is required to be absolutely certain about such a right. Examples on which copyright protection rests are, for instance: a text, a work of art, user manuals, brochures, videos and other promotion material, photographs, jewellery, drawings, scale models and building structures. No costs are associated with copyright and protection is valid throughout the world: copyright does not end at the Dutch borders. 2 international copyright treaties - the Berne Convention for the Protection of Literary and Artistic Works and the Universal Copyright Convention - mean that Dutch works are automatically protected by copyright in over 150 countries.

Neighbouring rights

In 1993, the Dutch Neighbouring Rights Act [Wet op de Naburige Rechten] came into force. This Act protects creative achievements of performing artists, music producers, film producers and broadcasting associations. The name "neighbouring" indicates the relationship that exists between these rights and the copyright. The neighbouring rights are created automatically and are valid for 50 years.

In the Netherlands the Ministry of Justice is responsible for copyright legislation.

In 2003, the State Secretary of Culture reminded policymakers that the effects of copyright are voluminous (in the financial sense) enough for developing a culture political vision on its consequences for the makers and users of artistic and cultural products. Copyright relating to the Digitisation of state collections, in particular, is in the process of being regulated.

The inning and distribution of remunerations

Over 20 rights' organisations present the interests of creators, publishers and producers in the Netherlands ensuring that they receive their remunerations under Copyright Law and the Neighbouring Rights for the use of their creations. Together they deal with every aspect of the laws, varying from photographs to audiovisual works, from the entertainment industry to blank sound and image carriers, from publication to reproduction.

Chapter updated: 25-11-2008