ORGANIZACION MUNDIAL 
DEL COMERCIO 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio IP/N/I/NLD/C/l 
23 de mayo de 1996 
(96-1964) 
Original: ingles 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTICULO 63 DEL ACUERDO 
Paises Bajos 
En el presente documento se reproducenl las leyes y reglamentos siguientes, notificados por 
los Paises Bajos en virtud de 10 dispuesto en el parrafo 2 del articulo 63 del Acuerdo: 
Ley de Derecho de Autor, con las modificaciones introducidas hasta 
el 27 de octubre de 1972; 2 
Ley de 30 de mayo de 1985 que adapta la Ley de Derecho de Autor 
de 1912 al Acta de Paris del Convenio de Berna; 10 
Ley de 3 de julio de 1989 que modifica la Ley de Derecho de Autor 
de 1912 en 10 que respecta a la prevencion de la pirateria de obras 
protegidas por el derecho de autor; 14 
Ley de 30 de mayo de 1990 que modifica la Ley de Derecho de 
Autor de 1912 en relacion con el derecho aplicable a la reproduccion 
de imagenes grabadas 0 de grabaciones sonoras para uso, estudio 0 
practica de caracter personal. 16 
lEn ingles solamente. IP/N/lINLD/C/1 
Page 2 
NATIONAL LEOISLATION 
NETHERLANDS 
The Copyright Act, 1912 
(as last amended by the Law of October 27, 1972) * 
CHAPTER I 
Section 1. -Na'ture of copyri~ht 
Article 1. -Copyright is the exclusive right of the 
author of a literary, scientific or artistic wor~ or of his 
assignees, to make such work public and to reproduce it, 
subject to the limitations provided in the Law. 
Article 2. -Copyright shall be deemed personal prop­
erty. It shall pass on by succession and shall be capable of 
transfer in whole or in part. Transfer of copyright in whole 
or in part may be effected only by an authenticated or 
private deed. The transfer shall comprise only those rights 
specifically mentioned in the deed of transfer or which are 
necessarily implied from the nature or pnrpose of the 
agreement. 
The copyright belonging to the author of a work and, 
after his death, the copyright belonging to the person having 
acquired any unpublished work as heir or legatee of the 
author, shall not be subject to seizure. 
Section 2. -Auihor of the work 
Article 3. -[repealed] 
Article 4. -In the absence of proof to the contrary, 
the person who is indicated as author in or on the work' or, 
where there is no such indication, the person who, when the 
work is made pubiic, is made known as the author by the 
party who makes the work public, shall be deemed to be the 
author of the work. 
If the author is not named, the person who delivers an 
oral address which has not appeared in print shall be deemed 
to be the author thereof, unless there is proof to the 
contrary. 
Article 5. -If a literary, scientific or artistic work 
consists of separate works by two or more persons, the person 
under whose' guidance and supervision the work as a whole 
has been made or, if there is no such person, the compiler 
of the various component works, shall -be deemed to be the 
author of the whole work, subject to the copyright in each 
of the separate works. 
Where a separate work in which copyright subsists is 
incorporated in a whole work, the reproduction or making 
public of each separate work, by any person other than the 
., The b .. ie Act i. dated September 23, 1912. The Law of October 27, 
1972, WaI published in the Staatsblad. 1972, No. 579. -WIPO trandation. author thereof or his successor in title, shall be deemed !o 
be an infringement of the copyright in the whole work. 
Where such a separate work has not been previously 
made public, the reproduction or making public of the 
separate work by the author thereof or his successors in 
title, without mention of the whole work of which it is a 
-part, shall be regarded as an infringement of the copyright in 
the whole work, unless otherwise agreed between the parties. 
Article 6. -If a work has been produced according to 
the plan and under the guidance and supervision of another 
person, that person shall be deemed to be the a~thor of the 
work. 
Article 7. -Where work performed in the sendce of 
another person consists in the production of certain literary, 
scientific or artistic works, the person in whose service they 
were produced shall he deemed to be the author thereof, 
unless 'otherwise agre'ed betw~en the parties. ' 
Article 8. -Any public, institution, association, founda­
tion or partnership which makes a work public as its own, 
without naming any natural person as the author thereof, 
shall be regarded as the author of the work, unless it is'shown 
that making the work public in, such manner was. unlawful. 
Article 9. -If a work appearing in print does not men­
tion the name of the author or does not mention his true 
name, the person mentioned in such work as the publisher 
or, where there is no such indication, the person whose name 
appears as the printer thereof may, on behalf of the copyright 
owner, assert the copyright in the work against third parties. 
Section 3. -Works protected by copyright 
Article 10. -For the purposes of this Act, the term 
•• literary, scientific or artistic works" shall include: 
(i) books, pamphlets, newspapers, periodicals and all other 
writings; 
(ii) dramatic and dramatico·musical works; 
(iii) lectures; 
{iv} choreographic works and entertainments· in dumb 
show, the acting form of which is fixed in writing or 
otherwise; 
{v} musical works, with or without words; 
(vi) drawings, paintings, works of architecture and sculpture, 
lithographs, engravings and the like; 
(vii) geographical maps; -
(viii) plans, sketches and three-dimensional works relatin$ to 
architecture, geography, topography or other sciences; COPY RIGHT -SEPTEMBER 1973 
(ix) photographic and cinematographic works, and works 
produced by analogous processes; 
(x) works of applied art and industrial designs,1 
and generally any production in the literary, scientific or 
artistic fields, whatever may be the mode or form of its 
expression. 
Reproductions of adaptations of a literary, scientific or 
artistic work, such as translations, arrangements of music, 
cinematographic adaptations and other alterations, as wel~ 
as collections of different works, shall be protected as 
separate works, without prejudice to the copyright in the 
original work. 
Article 11. -No copyright shall subsist in laws, decrees 
or ordinances issued by public authorities, or in judicial or 
administrative decisions. 
Section 4. -Publication 
Article 12. -The publication of a literary, scientific or 
artistic work shall include: 
(i) the publication of a reproduction of all or part of the 
work; 
(ii) the distribution of all or part of a work or of a repro­
duction thereof, so long a.s such work has not appeared 
in print; 
(iii) the public recitation, performance or presentation of 
all or part of a work or of a reproduction thereof. 
A recitation, performance or presentation in a private 
circle shall be deemed to be a public recitation except where 
such circle is confined to relatives or friends, or to persons 
who may be assimilated to relatives or friends, and where 
no fee of any kind is charged for admission to the recitation, 
performance or presentation. This provision shall apply also 
to an exhibition. 
A recitation, performance or presentation which serves 
exclusively a scientific purpose, or education dispensed in 
the name of the public authorities or of a non-profit-making 
legal entity, shall not be deemed to be a public recitation, 
performance or presentation, provided that it is incorporated 
in the study program. 
. Simultaneous publication, by wire or otherwise, of a work 
made public by way of radio or television broadcast shall not 
be deemed to be separate publication where it is carried out 
by the organization making the broadcast. 
Section 5. -Reproduction 
Article 13. -The reproduction of a literary, scientific 
or artistic work shall include also translation, arrangement 
of music, cinematographic adaptation or dramatization, and 
generally any partial or total adaptation or imitation, in a 
1 Article la of the Law of October 27, 1972, contains the following 
provision: 
Article la. -Vntilthe date of entry into force of the Benelux 
l!niform Law on Designs and Modeh, annexed to the Benelux Con· 
vention on Designs and' Models, concluded at Brussels on October 25, 
1966, the first paragraph of Article ID, under (x), should read as 
follows: 
(x) works of applied art; IP/N/1/NLD/C/l 
Page 3 
modified .form, which cannot be regarded as a new and 
original work. 
Article 14. -The reproduction of a literary, scientific 
or artistic work shall be und'erstood to mean also the record. 
ing of all or part of the work on an article intended for 
causing a work to be heard or seen. 
Section 6. -Limitations on copyright 
Article 15. -Unless the copyright is expressly reseryed, 
the reprinting in a daily or weekly newspaper or weekly or 
other periodical, without the authorization of the author or 
his successors in title, of articles, reports or other, contribu­
tions, with the exception of noye1s and short stories, having 
appeared in another daily or weekly ne~spaper or weekly or 
other periodical, shall not be deemed to be an infringement 
of copyright, provided that the name of the daily or weekly 
newspaper or weekly or other periodical from which they 
were reprinted is clearly stated, 8S well as the name of the 
author, if given. In the case of periodicals, it shall be sufficient 
to make a general reservation of copyright in the heading of 
each issue. No reservation of copyright may be made in 
respect of articles on current political topics, news of the 
day and miscellaneous information. 
The right of reprinting referred to in the preceding 
paragraph shall apply to foreign newspapers and periodicals. 
only with re~pect to news of the day, miscellaneous informa­
tion and articles on current economic, political or religious 
topics, provided that the last sentence of the preceding para­
graph shall not apply with respect ~o articles. on current polit­
ical topics. 
The provisions of this Article shall apply also to reproduc­
tions in a language other than that of the original article. 
Article 15a. -Short quotations of articles,· even in the 
form of press summaries, appearing in a daily or weekly 
newspaper or weekly or other periodical shall not be deemed 
to be an infringement of copyright on condition that the 
name of the daily or weekly newspaper or weekly or other 
periodical from which they are taken i~ clearly stated, as 
well as the name of the author of the passages quoted, if 
given . 
Article 15b. -Subsequent publication or reproduction of 
a literary, scientific or artistic work made public by or on 
behalf of the public authorities shall not be deemed to be an 
infringement of the copyright in such work, unless the copy­
right is expressly reserved, either in a general manner by a 
law, decree or administrative order, or in a specific case 
hy a notice appearing on the work itself or a communi­
cation made at the time of its publication. EYen if no such 
reseryation has been made, the author retains the exclusive 
right to cause those of his works which have been published 
by or on behalf of the public authorities to appear in the 
form of a collection. 
Article 16. -It shall not be deemed to be an infringe­
ment of the copyright in a literary, scientific or artistic work: 
(a) to reproduce, in whole or in part, in the original lan­
guage or in translation, works already published IP/NI1/NLD/CI 1 
Page 4 
(uilgegeven) in anthologies and other works clearly 
intended for use in education or for other scientific 
purposes, provided that: 
(i) reproduction. is confined to a small number of 
brief portion~ of the work, or to a small number 
of short essays or poems by the same author and, 
in the case of works referred to in Article 10, 
first paragraph, under (vi), to some of those 
works, and that the reproductions differ appre­
ciably in size or process of manufacture from the 
original work, on the understanding' that, where 
two or more such works have been made public 
together, the reproduction of only one of them 
shall be permitted; 
(ii) the provisions of Article 25 are respected; 
(iii) the reproductions mention the original work and 
the name of the author if it is indicated therein 
or thereon; 
(iv) equitable remuneration is paid to the author or 
to his successors in ti tie; 
(b) to quote, in the original ·language or in translation, 
parts of writings already made public, to quote parts 
of musical works already made public, and to incor­
porate reproductions of works of plastic art already 
made public in the texts of ~nnouncements or criticisms, 
polemic writings or scientific treatises, pro .... ided that: 
(i) the number and length of the parts quoted or 
reproductions incorporated do not go beyond 
what is reasonably acceptable to social custom; 
(ii) the provisions of Article 25 are respected; 
(iii) the name of the author is mentioned if it is 
indicated on or in the original work_ 
The right [of the Queen] to determine by administrative 
regulation what shall be understood, in the first paragraph, 
under (a)(i), by .. a small number of brief portions of the 
work or a small number of short essays or poems by the same 
author ", and to determine what shall be understood, in the 
first paragraph, under (a)(iv), by .. equitable remuneration ", 
is reserved. 
A summary of a lecture which has been delivered in 
public without having previously appeared in print may 
contain quotations of the said lecture in the original language 
or in translation, provided that the number and length of 
such quotations do not go beyond what is reasonably accept­
able to social custom and that the name of the speaker is 
indicated; the provisions of Article 25 shall be complied 
with.! 
Article 16a. -It 5hall not be deemed to be an infringe­
ment of the copyright in a literary, scientific or artistic work 
to make a short recording, reproduction or presentation 
% Article II of the La"· of October 27, 1972, contains the following 
pro,·ision: 
Article II. -Article 16(a) shall not be applicable to antho­
logiel and other works clearly intended for use in education or 
for other scientific purposes, and which are puhlilhed unabridged 
in the lime form as that in which they were published prior to the 
entry into force of this Law. Such antbologies and works sball 
remain subject to the law applicable prior to the entry into force 
of this Law. NATIONAL LEGISLATION· 
thereof in public in a photographic, film, radio or television 
report, provided that this is necessary to give a proper 
account of the current events which are the subject of the 
report. 
Article 16b. -It shall not be deemed to be· an infringe­
ment ·of the c~·pyright in a literary, scientific or artistic work 
to reproduce it in a limited number of copies for the sole 
purpose of the personal practice, study or use of the person 
who makes the copies or orders the copies to be made 
exclusively for himself. 
Where the work is one of those referred to in Article 10, 
first paragraph, under (i), including the score or parts of a 
musical work, the reproduction shall furthermore be confined' 
to a small portion of the work, except in the case of: 
(a) works of which, in all probability, no new copies are 
made aYailable to third parties for payment of any 
kind; 
(b) short articles, news items or other texts which have 
appeared in a daily or weekly newspaper or weekly or 
other periodical. 
Where the work is one of those referred to in Article 10, 
first paragraph, under (vi), the copy must differ appreciably 
in size· or process of manufacture from the original work. 
The provisions of the first paragraph concerning repro­
duction made to order shall not apply to reproduction made 
by recording a work o·r a part thereof on an artiCle intended 
for causing the work to be heard or seen. 
In the case of reproduction permitted under this Article, 
the copies made may not be transmitted to third parties 
without the consent of the copyright owner, except where 
such transmittal is effected for the purposes of a judicial or 
adminis tra tive proceeding. 
An administrative regulation [issued by the Queen] may 
provide that, with respect to the reproduction of works 
referred ' to in Article 10, first paragraph, under (i), the pro­
visions of one or several of the foregoing paragraphs may 
be waived for the operation of the public service and for the 
performance of the tasks incumbent on public service institu­
tions. Directions and precise conditions may be fixed' to this 
end. • 
The foregoing provisions of this Article shall not apply to 
the imitation of an architectural work.' 
Article 17. -Without prejudice to the provisions of the 
foregoing Article, it shall no.t be deemed to be an infringe­
ment of the copyright in the works referred to in Article 10, 
first paragraph, under (i), to reproduce, on behalf of an 
enterprise, organization or other establishment, articles, 
information or other separate texts which have appeared 
in a daily or weekly newspaper or weekly or other 
period'ical, or small portions of books, pamphlets or other 
writings, pro,,·ided that they are scientific works and that 
the number of copies made does not exceed that which the 
3 The second paragraph of Article IV of the Law of October 27, 
1972, contains the following provision: 
Articles 16b and 17 shall eDter into force on a date which shall be 
determined by administrative regulation, hut not later than July 1, 
1974. COPYR(GHT -,SEPTEMBER 1973, 
enterprlse, organization or establishment may reasonably need 
for the purposes of its internal activities. Copies may only be 
transmitted to persons employed by the enterprise, organi­
zation or establishment. 
Any pet:s~)D who makes copies or orders the making of 
copies shall pay equitable remuneration to the author of the 
work thus reproduced or to his successors in title. 
An administrative regulation [issued by the Queen] may 
fix provisions concerning the maximum number of copies, 
the maximum size of copie~, the amount of remuneration, 
the mode of payment of remuneration and the number of 
copies in respect of which~iio remuneration iE payable.-
~"o Article 17B:. -Provisions, may b~ enacted by ad'ministra­
tive regulation, In the 'general interest, to govern the exercise 
, by, th~, author or his successors in title of the copyright in a 
literary, scientific or artistic work with respect to the publi­
cation of such a work by means of the radio or television 
broadcasting'of signs, sounds or images, or the distribution 
on a broader scale, by wire 0)" otherwise, of a work made 
public in such a manner. The said administrative regulation 
may state that such a work m~y be made public in such a 
manner or be distributed on a broader scale without the prior 
consent of the author or his successors in title. Those who 
'are thus entitled to make a work public or to distribute it on 
a broader scale shall nevertheless be 'bound to respect the 
rights of the author referred' to in Article 25 and pay the 
a1:lthor or his successors in title equitable remuneration which, 
failing agreement and a't the request of the most diligent 
party, shall be' ~ixed by the Court, which may at the same 
time order the payment of security. 
The pr~visron8 of the foregoing paragraph shall apply 
accordingly to the production· and' distribution of articles, 
with the exception of ci~ematographic reproductions, de­
signed to render all or part of a musical work audible by 
mechanical means, where in connection with the same musical 
work such articles have already beed produced ' and dis­
tributed either by or with the consent of the author or his 
snccessors in ti tIe. 
Article 17b. -Unless otherwise agreed, the right to 
make a work pUblic by broadcasting on radio or television 
shall not imply the right to record the work. 
The radio or television broadcasting organization entitled 
to the :-ublication referred to in the foregoing paragraph 
shall neYertheless be permitted to record the work intended 
for broadcasting, using its own facilities and solely for the 
purpose of its own radio and television broadcasts, provided 
that the recording of sounds or images is destroyed within 
28 days from the date on which the first radio or television 
broadcasting of the work took place, and in any event within 
six months following the date of the recording. The organiza­
tion thus entitled to make the recording shall nevertheless 
Le bound to respect the rights of the author referred to in 
Article 25. 
~ The .econd paragraph of Article IV, of the Law of October 27, 
1972. containa the following provision: 
Articles 16b and 17 shall enter into force on a date which shall be 
be determined by administrative re!ulation, but not later than July 1, 
1974. IP/N/lINLD/C/l 
Page 5 
An administrative regulation may provide that recordings· 
thus mad~ which posses8 exceptional documentary value may 
be kept in official archives, and may further determine the 
conditions applicable in such a cas~. 
Article 17c. -It shall not be deemed to be an infringe_ 
ment of the copyright in a literary or artistic work when such 
work is performed vocally by a religious community and is 
provided with instrumental accompaniment in the course of 
a service. 
Article 17d. -'The administrative regulations referred 
to in Articles 16, secoQ.d paragraph, 16b, sixth paragraph, 17, 
third paragraph, and 17a, first and 'second paragraphs, and­
the possible amendment of such regulations, as wen as all' 
decisions, directions or measures deriving, therefrpm shall not 
enter into -force until two months hav.e expired following the 
date of their puhlication in the Staatsblad. 
. Article 18. -It shall not be deemed to be an infringe­
ment of the copyright in a work_referred to in Article 10, 
first paragraph, under (vi), which is permanently displayed 
in a public thoroughfare, to reproduce or publish a reproduc­
tion of such work, proyided that the work does not constitute 
the ·main part of the reproduction, that the reproduction 
differs appreciably in size or process of manufacture from 
the original work and that, with regard' to architec'tural 
works, only the exteri~r thereof ia reprod,ueed.' 
Article 19. -The reproduction of a portrait by or on 
behalf of the person portrayed, or, after his death, by or' on 
behalf of his relatives, shall not be deemed to be an infringe­
ment of copyright. 
If the portrait is of two or more persons, reproduction 
thereof by or on behalf of one of'the persons portrayed shall 
not be lawful without the consent of the others or, during 
the ten years following their dea'th, without the consent of 
tbeir relatives. ' 
It shall not be deemed to be an infringement of copyright 
to reproduce a photographic portrait in a newspaper or peri­
odi~al if the reprod'uction is made by one of the' persons 
referred to in the first paragraph of this Article or with his 
consent, provided that the name of the photographer is 
indicated if it appears on the portrait. 
This Article shall apply only to portraits which have been 
made pursuant to an order given to the author of the portrait 
by or on behalf of the persons portrayed. 
Article 20. -Unless otherwise agreed, the owner of the 
copyright in a portrait shall not be entitled to make such 
portrait public without the consent of the person portrayed 
4 Article III of the Law of October 27, 1972, cootains the following 
provision: 
Article liT, -The prelent version of Article 18 .hall not be 
applicable to reproduction. appearing in book. or printed matter 
which are published unabrid~ed in the lame form .. that in which 
they were published prior to the entry into Corce of thi. Law. Such 
bookl and printed matter shall remain lubject, as far as reprodnc. 
tion. are concerned, to Article 18 .. worded prior to the entry 
into force of this Law. 
Reproduction. to which the fiut para!rlph it not applicablo 
and which, prior to the entry into force of thia Law, were made 
under Article 18 without infringins Iny copyri!ht, .. well .. 
unchanged copie. of luch reproductions, may be di.tributed durins 
the five yean following the entry into force of thi. Law. IP/N/l INLD/CI 1 
Page 6 
ot, during the ten years fonowing his, death, wi,thout the 
consent of his relatives. 
If the portrait is of two or more persons, reproduction 
thereof shall be lawful only with the consent of all :the 
persons portrayed or, during the ten years following their 
dieath, wi,th the consent of their relatives. 
The last paragraph of the preceding Article shall apply. 
Article 21. -If a portrait is made without having been 
ordered by or on behalf of the person portrayed, the copy· 
right owner shall be allowed to make it public only in so far 
as the person p,ortrayed or" after his" death, his relatives 
have no legiti~ate reason for opposing i~s being made public. 
Article 22. -In th~ interest of public' safety and for the 
purpose of judicial inquiries', images. of any nature may be 
reproduced, publ~oly exhibited and distributed by, or by 
ord'er of, the judicial authorities. 
Article 23. -Unless otherwise agreed, the owner of a 
dr~wing or painting, a work of architecture, a' sculpture or a' 
work of applied art shall be entitl~d, without the consent of 
the copyright owner, to exhibit such work publicly or to 
reproduce it in a ca talog for the' purpose of sale. 
Article 24. -Unless otherwise agreed, the author of a 
painting shall, notwithstanding the transfer of his copyright, 
be entitled to make further similar paintings. 
Article 25. -Eve~ after transfer of his copyright, the 
author of a work shall hav~ th~ foll~wing rights: 
(a) the right to obje~t to pnl?lication 'of th~ work under a 
name other than' his own, as well' as any' alteration of 
the name of the work ~r-t,~~ indi~atio'n of the a~thor, 
if such name or indication ,appears on or in the work 
or has heen made public in conjunotion ",ith the work; 
(b) the right to ~bj~ct to any other, modification of the 
work, except wnere the nat~re of the modification is 
8uch that it would be unreasonable to object to it; 
(c) the right to object to any distortion, mutilation or other 
modification of the work which w~uI<r be preju4icial to 
the honor. or reputation of the author or to his value as 
such. 
The rights referred to under ( a), (b) and (c) above shall 
accrue, after the death~f the ~uthor and until the copy­
right expires, to the person whom the author shall have 
appointed by will or codicil. 
The righ ts referred to under (a) and (b) above may be 
transferred when modifications are to be made to the work 
~r to its name. 
If the author of the work has transferred his copyright, 
he shall retain the right to make such modifications to the 
work as he may make in good faith in accord'ance with the 
rules established by social custom. As long as copyright 
subsists, the same right shall belong to the person whom the 
author has appointed by will or codicil, if it may reasonably be 
supposed that the author would have ~pproved such 
modifications. 
Article 25a. -For the purposes of this Section, "rela­
tives" means the father and mother, spouse and children. ~ 'NATIONXL' U:GlSUTI0~ . -.' . , ....... ,.-
Each of the relatives may exercise individually the' right., 
accruing to him 'or her. In the event of dispute, the Couri 
may render a decision which shall be binding on each of 
the parties. 
CHAPTER II 
Enforcement of copyri~ht and criminal proyisioDs 
Article 26. -Where the copyright in a work belongs 
jointly to two or mor~ persons, it may be enforced by any 
one of them, unless' otherwise agreed. 
irtkle 27.,-Notwithstanding the transfer of his copy­
right in wh'ole or i~ part, th~ author shall retain the right tc? 
institute an action for damages against infringers .. 
After' the"de~'th of the author, the right to institnte 
actions for damages as provided for in the first paragraph 
shall accrue to 'his· heirs or legatees until the copyright 
expir.es. 
Article 28. -Copyright shall confer the power to seize 
personal propel'ty, objects made public in infringement of 
that copyright and unlawful reproductions, in accordance 
with the provisions governing seizure under a prior claim, 
and either to claim ownership of them or to demand ,that they 
be d'estroyed or rendered unusable. The same powers of 
seizure-and claim shall t:xist, ,with respect to the entrance 
fees paid for admission to a recita~, performance, exhibition or 
presentatio~ which constitutes an infringement of copyright. 
Where the surrender of the objects referred to in the 
first paragraph is demanded, the Court may order that su~h 
surrender be made only in return for compensation to he 
paid by the Cla.imant. 
The two foregoing paragraphs shall apply exclusively ,to 
personal property and to property which, by reason of its 
use, is regarded as real property. 
With respect to' real property other than that referred 
to in the' preceding paragraph which is liable to be the 
subject of an infringement of copyright, the Court may, at 
the reques.t of the, owner of the right, order that the 
defendant introduce such changes as wiil remove the infringe­
ment of the copyright, and may, order the defendant to pay a 
certain sum of money as compensation if, within a specified 
time, the Court order is not complied with. 
These provisions shall not prejudice any right to institute 
criminal proceedings for infringement of copyright 'and civil 
proce.ed'ings for damages. 
Article 29. -The right provided for in the first para· 
graph of the preceding Article shall not be exercised in 
respect of objects in the possession of ·persons who do not 
deal in similar objects and who have acquired them exclusively 
for their own use, unless they have themselves infringed the 
copyright. ' 
A request under the fourth paragraph' of the preceding 
Article m~y be made against the owner or possessor of real 
estate only when he is responsible for the infringement of 
copyright concerned. ,""COPYRiGil'i:'":':'.·':5EtrtMsEi(1973:;> 
I •.. _ •.• :" • .". :. "'" .... ~;'.. '. _. • •.•. 
Article 30.· -If any person makes a portrait public 
without being entitled to do so, the provisions of Articles 28 
and 29 on copyright shall be applicable with respect to the 
right of the person portrayed. 
Article 30a. -The exercise, with or without gainful 
intent, of the profession of intermediiary in matters of copy­
right in musical works, shall be subject to the permission of 
the Minister of Justice. 
The following shall be deemed to be acts of an inter­
mediary in matters of copyright in musical works: the conclu­
sion or implementation, whethe~ or not in the name of the 
int~rmediary, and on behalf of the authors of musical works 
or their successors in· title, of agreements concerning the 
public performance or the broadcasting on radio or tele­
vision by signs, sounds or images of such works or repro­
ductions thereo~, in whole or in part. 
The· performance or radio or television broadcasting of 
dramatico-musical works, choreographic works and entertain­
ments in dumb show, and· reproductions thereof, if such 
works are rendered audible without being shown, shall be 
assimilated to the performance and radio or television broad-
casting of musical works. " 
Any agreement as refereed to in the second paragraph 
which is entered into without the ministerial permission 
required under the first paragraph shall be null and void. 
Further provisions sball be made by administrative regu­
lation, concerning among other tbings the supervision of the 
person having obtained the permission of the Minister of 
Justice. The cost of such supervision may be charged to that 
person. . 
The supervision referred to in the foregoing paragraph 
may only concern the way in ~hi~h the intermed'iary carries 
out the duties assigned to him. Interested parties shall partic· 
ipate in the supervision. 
Article 31. -Any person who intentionally infringes 
another's copyright shall be punishable by imprisonment not 
exceeding six months or by a fine not exceeding 25,000 
guilders. 
Article 32. -Any person who, knowing that a work con­
stitutes an infringement of copyright, distributes it or pub­
licly offers it for sale shall be punishable by a fine not 
exceeding 10,000 guilders. 
Article 33. -The infringements referred to in Arti­
cles 31 and 32 shall be misdemeanors. 
Article 34. -Any person who intentionally and unlaw­
fully makes changes in a literary, scientific or artistic work 
protected by copyright, _or in the title or the indication of 
the author of such work, or who performs another act derog­
a tory to a work in a manner prejudicial to the honor or 
reputation of the author or his value as such, shall be pun­
ishable by imprisonment not exceeding six months or by a 
fine not exceeding 25,000 guilders. 
Such act shall be a misdemeanor. 
Article 35. -Any person who, without being authorized 
to do so, publicly exhibits'a portrait or makes it public in any IP/NI1/NLD/CI 1 
Page 7 
other manner shall be punishable by a fine not exceeding 
io,oOO guilders. 
Such act shall be a minor offense. 
,Article 35a. -Any person who, without having obtained 
the required permission of the Minister of Justice, performs 
acts attributable to the exercise of the profession of inter­
mediary as defined in Article 30a ~hall be punishable by a 
fine not exceeding 5,000 guilders. 
Such act shall be a minor offense.· 
Article 35b. -. Any person who deliberately supplies 
inaccurate or incomplete information ina written request or 
statement on the ba~is of which amounts due as royalties a~e 
d'etermined, by the action of the person who, with the permis­
sion .of the Minister of Justice,· intervenes in matters of 
royalties payable on musical works, shall be punishable by 
imprisonment not exceeding three months or by a fine not 
exceeding 1,000 guilders. 
Such act shall be a minor offense. 
Article 36. -Reproductions confiscated by virtue of a 
decision of the Criminal Court shall be destroyed; however, 
the Court may order in its decision that they be s~rrendered 
to the copyright owner if the latter applies to the Office of 
the Clerk of the Court within one month from the date on 
which the decision becomes final. 
Upon such surrender, ownership of the copies shall pass 
to the copyright owner. The Court may order that such 
surrender take place only on payment by the copyright owner 
of compensation, which compensation shall accrue to the 
State. 
Article 36a. -If an infringement is commited by a 
legal entity, society, association or foundation, or on its 
behalf, criminal action shall be instituted against, and sen­
tences and other measures imposed on: 
(i) either the legal entity, society, association or foundation 
in question, 
(ii) or those who gave the order to perform the unlawful 
act or omission concerned or are directly responsible 
for it, 
(iii) or against both. 
An infringement is deemed to have been committed by a 
legal entity, society, association or foundation, or on its 
behalf, if it is committed' by persons who, either by virtue of 
their duties or for another reason, act on behalf of the legal 
entity, society, association or foundation, irrespective of 
whether those persons have committed the infringement indi­
yidually or whether their action was concomitant with the 
perpetration of the infringement. 
'Where criminal proceedings are brought against a legal 
entity, society, association or foundation, the latter shall be 
represented at the proceedings by its director or one of its 
directors. The director may be represented by an agent. The 
Court may order the personal appearance before it of a 
particular director, in which case it may order that he be 
summoned. 
Where criminal proceedings are brought against a legal 
entity, society, association or foundation, Article 538(ii) IP/NI1/NLD/CI 1 
Page 8 
of the Code of Criminal Procedure shall be applicable 
accordingly. 
Article 36b. -Investigators shall have the right of 
access to any place for the investigation of facts associated 
with infringements in terms of this Act and for the seizure 
of objects which are liable to be associated with such 
infringement. 
If access is denied them, they may gain entry, if neces­
sary, with the assistance of the police. 
They shall not enter a dwelling against the will of the 
occupier unless they present a special warrant or are accom­
panied by the Royal Prosecutor or the deputy of the Royal 
Prosecutor. They shall report on such entry within twenty­
four hours. 
CHAPTER III 
Duration of Copyright 
Article 37. -Copyright shall terminate on the expira­
tion of a term of fifty years from the first of January of the 
year following the year of the death of the author. 
The duration of the copyright belonging jointly to two or 
more persons in their capacity as co-authors of a work shall 
be counted' from the first of January of the year following 
the year of the death of the last surviving co-author. 
Article 38. -The copyright in a work with respect to 
which the author has not been indicated, or has not been 
indicated in such a way that his identity is beyond doubt, 
shall terminate on the expiration of a term of fifty years 
from the first of January of the year following that in the 
course of which the work was first made public by or on 
behalf of the copyright owner. 
This provision shall be applicable also to a work of 
which a public institution, -an association, a foundation or a 
partnership is deemed to be the author, and to a work pub­
lished for the first time after the death of the author. 
If the author discloses his identity prior to the end' of 
the term mentioned in the first paragraph, the duration of 
the copyright in the respective work shall be calculated in 
accordance with the provisions of Article 37. 
Article 39. -[repealed] 
Article 40. [repealed] 
Article 41. For the purposes of Article 38, a work 
which has appeared in instalments or episodes shall be 
deemed to have been made public only on the issue of the 
last instalment or episode. 
In the case of a work consisting of two or more volumes, 
numbers or sheets, or which has. appeared in print on dif. 
ferent dates, and' in the case of reports or communications 
published by associations or private persons, each volume, 
number, sheet, report or communication shall be deemed to 
be a separate work. 
Article 42. -Notwithstanding the prOVlSlons of this 
Chapter, no claim may be made in the Netherlands to a NATIONAL LEGISLATION 
copyright which has already terminated in the country of 
origin of the work. 
CHAPTER IV 
(Articles 43 and 44) 
(contains modifications of the Bankruptcy Act 
and the Criminal Code) 
CHAPTER V 
(Article 45) 
[repealed] 
CHAPTER VI 
Transitional and Final Provisions 
Article 46. -With the entry into force of this Act, the 
Copyright Act of June 28, 1881 (Staatsblad No. 124), shall 
he repealed. 
However, Article 11 of the aforementioned Act shall 
remain in force in respect of works and translations depos­
ited prior to the said date. 
Article 47. -This Act shall apply to 'all literary, scien­
tific or artistic works published for the first time in the 
Netherlands either before or after its entry into force, by 
or on behalf of the author, or published in the Netherlands 
during the thirty days following first publication in another 
country, as well as to all such works not published, or not 
published under the same conditions, of which the authors 
are Dutch citizens. 
A work shall be deemed to have been published' within 
the meaning of this Article when it has appeared in print or, 
in general, when copies of the work" irrespective of their 
nature, have been made available to the public in sufficient 
quantity. 
The performance of a dramatic, dramatico-musical or 
musical work, the presentation of a cinematographic work, 
the recitation or radio or television broadcasting of a work 
and the exhibition of a work of art shall not constitute 
publication (uitgave). 
With regard to architectural works and works of plastic 
art constituting an integral part thereof, the construction of 
the architectural work or the incorporation of the work of 
plastic art shall constitute publication. 
Article 47a. -This Act shall remain applicable to all 
literary, scientific or artistic works published for the first 
time by or on behalf of the author prior to December 27, 
1949, in the Dutch East Indies or prior to October 1, 1962, 
in Dutch New Guinea. 
Article 48. -This Act does not recognize copyright in 
works in which, at the time of its entry into force, copyright 
has expired under Article 13 or 14 of the Copyright Law of 
June 28, 1881 (Staatsblad No. 124), or in wQrks in respect 
of which, on the said' date, the right of reproduction has 
expired under Article 3 of the Law of January 25, 1817 ~OprRIGl!T~SE,PTEMB.ER 1~7S . , 
(~:aat$blad No. 5), relating to the rights exercisable in the 
\'rtherlands in respect of the printing and publication of 
literary and artistic works. 
Article 49. -Copyright obtained under the Copyright 
Act of June 28, 1881 (Staatsblad No. 124), and also the right 
to copy or any right of this nature obtained under earlier 
legislation and maintained by the said Act, shall continue 
after the entry into force of this Act. 
Article SO. -[repealed] 
Article SOa. -[repealed] 
Article SOb. -The exclusive right of the composer of 
a musical work to manufacture instruments intend'ed to 
render all oCr part of the work audible by a mechanical 
process, and the right of public performance' of such work 
hy means of similar instruments, shall not be applicable to 
all or part of a musical work which was adapted for' sou~d 
reproduction by mechanical means prior to November 1, 
1912, in the ,Realm in Europe or in the Dutch East ludies. 
Instruments as referred to in the foregoing paragraph 
\\'hich have been manufactured in one of the, States of the 
rnternational Union for the Protection of Literary and 
Artistic Works without the cousent of the composer of the 
musical work, bnt without violating a legal' provision cur­
rently in force in that State, may be distributed, sold and 
used for public performances in the Netherlands. 
Article c SOc~, -Any person who, prior to September 1, 
1912, without violating the provisions of the Copyright Act 
,If June 28, 1881 (Staatsblad No. 124), or of ahy treaty in 
force in the Netherlands or in the Dutch East Indies, has 
published copies of a literary, scientific or artistic work, 
"'hich do not constitute a reprinting of all or part of such a 
work as referred to in Article 10, under (i), (ii), Cv) or (vii), 
"hall not, as a result of the entry into force of this Act, lose 
the right to d~stribute and sell such copies made before or 
I fter that date. 'This right may be transferred in whole or in 
1)art by inheritance or assignment. The second paragraph of 
\rticle 47 shall apply accordingly. 
The Court may, on written petition by the owner of the 
copyright in the original work, either revoke the right pro­
\ ided for in the first paragraph, in ..... hole or in part, or 
I hoard the petitioner an indemnity for the exercise of the 
,lid' right, and in either case the provisions of the following 
wo Articles shall apply. ' , 
Article SOd. -The petition for total or partial revoca­
ion of the right set forth in Article SOc may only be made IP/N/lINLD/CI 1 
Page 9 
if a n,ew edition of copies has been made since Novemb~r 1;" 
1915. The second paragraph of Article 47 shall ~pply 
accordingly. ' 
The petition, shall be filed with the Court of Amsterdam" 
before the end of the calendar year follo ..... ing that in the 
course of which publication took place. The Clerk of the 
Court shall summon the parties at an appropriate date to be 
specified by the Court. The case shall be heard in the 
Council Chamber. 
The Court, shall accede to the petition for revocation or' 
the right only if and to tbe extent that it finds that the 
moral rights of the petitioner are injured by the distributio~' 
and sale of the copies. If the petition is not filed by:' the, 
author of the original work, thee Court shall refuse it' if" 
there is good reaso,n to believe that the author has consented'/ 
to the publication of the copies., The Court shall also' ref~se ,: 
the petition where the pe'titioner has made an' effort Cc to: 
obtain an indemnity from the pe~sons who exercise the right; 
It may refuse the petition if revocatiou of the right would 
unduly prejudice the interests of the persons exercising 'th~' 
right as ~ompared with, the interests of the petitioner which" 
have to be safeguarded. If the Court revokes the right in 
whole or in part, it shall set the date on which such revoca­
tion shall take effect. 
In arriving at a decision, the Court shall make such pro­
visions as it deems just in consideration of the' interests of 
both parties and other interested persons. It shall asseS8 the' 
costs incurred by both parties and shall determine what por~ 
tion thereof is to be paid by each. No appeal from judicial 
decisions rendered pursuant to this Article shall be admissible. 
No court clerk's fees shall be charged for proceedings under' 
this Article. 
Article 50e. -An indemnity may be awarded for the 
exercise of the right set forth in Article SOc only where a 
new edition of copies has been published since May 1, 1915. 
The second' paragraph of Article 47 shall apply accordingi y. 
The second and fourth paragraphs of the preceding Arti-
cle shall apply. 
Article 50f. -[repealed] 
Article 51. -[repealed] 
Article 52. -This Act may be cited as "The Copyright 
Act, 1912". 
Article 53. This Act shall enter into force in the 
Realm in Europe on the first day of the month following 
that in which it is promulgated. IP/NI 1 INLD/CI 1 
Page 10 
NETHERLANDS 
Law Adapting the 1912 Copyright Law to the Paris Act of the Berne Convention 
(of May 30, 1985)* 
Article I. The following amendments shall be 
made to the 1912 Copyright Lawl: 
A. Article 10 shall be amended as follows: 
In the first paragraph, indent (iv), the words 
"choreographic works and entertainments in dumb 
show, the acting form of which is fixed in writing or 
otherwise;" shall be replaced by "choreographic 
works and entertainments in dumb show;". 
The first paragraph, indent (ix), shall read as fol­
lows: 
(ix) photographic works; 
The first paragraph, indent (x), shall become first 
paragraph, indent (xi). 
The first paragraph, indent (x), shall read as fol­
lows: 
(x) film works; 
B. Article 15 shall read as follows: 
It shall not be deemed an infringement of 
copyright to reproduce news reports, miscella­
neous reports, or articles concerning current 
economic, political or religious topics, that have 
appeared in a daily or weekly newspaper or 
weekly or other periodical, or works of the same 
nature that have been broadcast by radio or tele­
vision or have been transmitted by cable by a 
cable broadcasting organization within the mean­
ing of the 1904 Telegraph and Telephone Law 
(Staatsblad No. 7), on condition that: 
(i) the reproduction is effected by a daily or 
weekly newspaper or weekly or other peri­
odical, in a radio or television broadcast, or 
by means of transmission by cable to the 
public by a cable broadcasting organization 
within the meaning of the 1904 Telegraph 
and Telephone Law (Staatsblad No. 7), 
• Published in Staatblad, No. 307, of June 18, 1985. -" 
WIPO translation. 
I See Copyright, 1973, pp. 181 et seq. (ii) the provisions of Arti"cle 25 have been com­
plied with; 
(iii) the source is stated in a clear manner, to­
gether with the name of the author if it is 
given in the source; 
(iv) copyright is not explicitly reserved. 
In the case of periodicals, a generally worded 
reservation placed at the head of each number 
shall also be deemed an explicit reservation 
within the meaning of indent (iv) of the first 
paragraph. 
A reservation within the meaning of indent 
(iv) of the first paragraph may not be made in 
respect of news reports and miscellaneous re­
ports. 
The provisions of this Article shall be of appli­
cation where the reproduction is in a language 
other than that of the original. 
C. Article 15a shall read as follows: 
Quotations in an announcement, cntIclsm, 
polemic or scientific treatise shall not be deemed 
an infringement of copyright in a literary, scien­
tific or artistic work where: 
(i) the work from which the quotation is made 
has been lawfully pu bUshed, 
(ii) the quotation is compatible with that which 
may be reasonably accepted under the rules 
of social intercourse and the number and 
length of the quoted passages is justified by 
the purpose to be achieved; 
(iii) the provisions of Article 25 have been com­
plied with; 
(iv) the source is stated in a clear manner, to­
gether with the name of the author if it is 
given in the source. 
In the case of a short work or of a work w"ithin 
the meaning of Article 10, first paragraph, indent 
(vi), indent (ix) or indent (xi), it shall be permis­
sible for the purpose and under the conditions 
stated in the first paragraph to reproduce the 
entire work if done in such a way that the repro­
duction differs appreciably in size or in process of 
manufacture from the original work. Quotations within the meaning of this Article 
shall include quotations from articles that have 
appeared in daily or weekly newspapers, weeklies 
or other periodicals in the form of press re­
views. 
The provisions of this Article shall also be of 
application in respect of quotations in a language 
other than the original. 
We reserve Our right to determine, in general 
administrative regulations, what is to be under­
stood in the first paragraph, indent (ii), by "rea­
sonably accepted under the rules of social inter­
course." 
D. Article 16 shall read as follows: 
The following shall not be considered an in­
fringement of copyright in a literary, scientific or 
artistic work: 
(a) the reproduction of parts of works in pub­
lications or recordings of sounds or images made 
for use as illustrations in teaching, on condition 
that: 
(i) the work from which the reproduction is 
made has been lawfully made available to 
the public; 
(ii) the reproduction is compatible with that 
which may be reasonably accepted under 
the rules of social intercourse; 
(iii) the provisions of Article 25 have been com­
plied with; 
(iv) the source is stated in a clear manner, to­
gether with the name of the author if it is 
given in the source; 
(v) reasonable remuneration has been paid to 
the author or his successors in title; 
(b) making available to the public parts of 
works by means of a radio or television broadcast 
or by communication by means of cable by a 
cable broadcasting organization within the mean­
ing of the 1904 Telegraph and Telephone Law 
(Slaalsblad No. 7) in a program made to serve as 
an illustration in teaching, on condition that: 
(i) the work from which the reproduction is 
made has been lawfully published; 
(ii) the making available to the public is com­
patible with that which may be reasonably 
accepted under the rules of social inter­
course; 
(iii) the provisions of Article 25 have been com­
plied with; 
(iv) the source is stated in a clear manner to­
gether with the name of the author if it is 
given in the source; 
(v) reasonable remuneration has been paid to 
the author or his successors in title. IP/NI 1 INLD/CI 1 
Page 11 
NATIONAL LEGISUTION 
In the case of a short work or of a work within 
the meaning of Article 10, first paragraph, indent 
(vi), indent (ix) or indent (xi), the entire work 
may be reproduced for the same purpose and 
subject to the same conditions. 
In the case of reproduction in a work of com­
pilation, only short works or short passages of 
works may be reproduced from one and the same 
author and, in the case of works within the mean­
ing of Article 10, first paragraph, indent (vi), 
indent (ix) or indent (xi), only a small number of 
those works may be reproduced and only if done 
in such a way that they differ appreciably in size 
or process of manufacture from the original 
work, on the understanding that, where two or 
more such works had been made public together, 
the reproduction of only one of them shall be 
permitted. 
The provisions of this Article shall also be of 
application in respect of reproduction in a lan­
guage other than that of the original. 
We reserve Our right to determine, in general 
administrative regulations, the reasonable re­
muneration to be paid in accordance with the 
first paragraph, indents (a)(v) and (b)(v), and 
also to determine what is to be understood in the 
third paragraph by "short works or short pas-
sages of works." . 
E. In the second paragraph of Article 17a, the 
words "of cinematographic reproductions" shall be 
replaced by "of reproductions of film works." 
F. A new Article 29a shall be added, with the 
following wording: 
. Article 29a. Proceedings for the prohibition of 
an act by which copyright has been infringed or 
will be infringed by a third party may also be 
instituted by legal persons, to be designated by 
Our Minister for Justice, having full legal rights 
for the purpose of administering the interests of 
authors of works or their successors in title. 
G. In the first paragraph of Article 38, the words 
"first made public by or on behalf of the copyright 
owner" shall be replaced by "first made lawfully 
public." 
H. A new Chapter V shall be inserted, with the 
following wording: 
CHAPTER v 
Special Pro"isions on Film \Vorks 
Article 45a. Film work shall mean a work 
consisting of a sequence of moving images, with 
or without sound, irrespective of the manner of 
fixation of the work. where it is fixed. IP/N/lINLD/C/1 
Page 12 
COPYRIGHT -FEBRUARY 1986 
Notwithstanding the provisions of Articles 7 
and 8, those natural persons who have furnished 
a contribution of a creative nature intended for 
the realization of a film work shall be considered 
the authors of a film work. 
The natural or legal person responsible for the 
making ofa film work with a view to its exploita­
tion shall be considered the producer of the film 
work. 
Article 45b. Where one of the authors is un­
willing or unable to complete his contribution to 
the film work, he may not oppose, unless other­
wise agreed in writing, the use by the producer of 
the contribution, to the extent that it is already in 
existence, for the purposes of completing the film 
work. He shall be considered the author within 
the meaning of Article 45a of the contribution 
that he has made. 
Article 45c. A film work shall be deemed to 
have been completed once it is ready for exhibi­
tion. Unless otherwise agreed in writing, the pro­
ducer shall decide when the film work is ready 
for exhibition. 
Article 45d. Unless otherwise agreed in writ­
ing by the authors and the producer, the authors 
shall be deemed to have assigned to the producer 
as from the time referred to in Article 45c the 
right to make the film work available to the pub­
lic, to reproduce it within the meaning of Article 
14, to add subtitles to it and to dub the dialogue. 
The above shall not apply to those who have 
composed music for the purpose of the film work 
or who have written the words belonging to the 
music. If the producer effects exploitation in a 
form that did not exist or was not reasonably 
foreseeable at the time referred to in Article 45c 
or if he assigns the right to a third party to effect 
exploitation, he shall be required to pay reason­
able remuneration to the authors for that exploi­
tation. 
Article 45e. Each author shall have the fol­
lowing rights in respect of the film work in addi­
tion to the rights set out in Article 25: 
(a) the right to have his name mentioned in the 
film work at the place that is usual for the 
purpose with mention of his capacity or of 
his contribution to the film work; 
( b) the right to require that the part of the film 
work referred to in (a) also be exhibited; 
(c) the right to oppose the mention of his name 
on the film work unless such opposition be 
unreasonable. 
Article 45f. The author shall be assumed, un­
less otherwise agreed in writing, to have refrained 
in respect of the producer from opposing amend-ments referred to in Article 25, first paragraph, 
indent (b), to his contribution. 
Article 45g. Each author shall preserve, unless 
otherwise agreed in writing, his copyright in his 
contribution where the latter constitutes a work 
that may be separated from the film work. After 
the time referred to in Article 45c, each author 
may, unless otherwise agreed in writing, make his 
contribution separately available to the public 
and reproduce it, on condition that he does not 
thereby prejudice the exploitation of the film 
work. 
I. Article 47 shall be amended as ·follows: 
In the first paragraph, the words "by or on behalf 
of the author" shall be deleted. 
A new paragraph shall be inserted following the 
first paragraph, with the following wording: 
For the application of the preceding para­
graph, authors who are not Dutch citizens but 
who have their usual place of residence in the 
Netherlands shall be treated as Dutch citizens in 
respect of unpublished works or works that have 
been published subsequent to the author taking 
up his usual place of residence in the Nether­
lands. 
The third paragraph (former second paragraph) . 
shall read as follows: 
A work shall be deemed to have been pub-' 
lished within the meaning of this Article when, 
with the consent of the author, it has appeared in 
print or, in general, when, with the consent of the 
author, sufficient copies thereof, of whatever 
kind, have been made available, depending on 
the type of work, to meet the reasonable needs of 
the public. 
In the fourth paragraph (former third para­
graph), the words "cinematographic work" shall be 
replaced by "film work." 
A new paragraph shall be added at the end, 
worded as follows: 
Notwithstanding the pro ... isions of the preced­
ing paragraphs, this Law shall be of application 
to film works if the producer thereof has his 
registered offices or his usual place of residence 
in the Netherlands. 
1. Article SOb shall be deleted. 
Article /I. The provisions of section H of Article 
I shall not be of application if a start has been made 
on making the film prior to the time of the entry 
into force of this Law. IP/N/lINLD/C/1 
Page 13 
COLLECTIVE ADMINISTlUTION OF AUTHORS' RIGHTS 
-Article Ill. Objects that are intended to perform 
bY'-" mechani~l m:ans a Il!usical .work .or a part 
thereof, fa~ncated In comph~nce With Artlcl<: SOb as 
worded pnor to the entry mto force of thIS Law, 
Play still be placed on the market during one year, 
computed from January 1 of the year following that 
in-which this Law enters into force. Article IV. This Law shall enter into force at a 
time that We shall determine. 
We direct and ordain that it shall be entered in 
the Staatsblad and that all ministerial departments, 
authorities, official bodies and civil servants, as it 
concerns them, shall ensure its correct implementa­
tion. IP/Nl1/NLD/C/1 
Page 14 
COPYRIGHT -OCTOBER 1991 LAWS AND TREATIES 
3. NETHERLANDS 
Act Amending the 1912 Copyright Act in Connection 'Vith the 
Prevention of Piracy of'Vorks Protected by Copyright 
(of July 3,1989) 
Section I. The following amendments shall be 
made to the 1912 Copyright Act*: 
A. The letters (a), (b) and (e) in the first para­
graph of Section 25, shall be amended to ( b), (e) 
and (d) respectively. 
A new part (a) shall be inserted in the first para­
graph of Section 25, which shall read as follows: 
(a) the right to oppose the publication of the 
work without stating his name or other 
designation as creator, unless such opposi­
tion would be unreasonable; 
The second paragraph of Section 25 shall be 
replaced by the following: 
Upon the death of the creator and until the 
expiry of the copyright, the rights referred to in 
the first paragraph shall be vested in the person 
designated by the creator in his last will and tes­
tament or by codicil. 
The third paragraph of Section 25 shall be re­
placed by the following: 
The right referred to under (a) in the first 
paragraph may be waived. The rights referred to 
under (b) and (c) may be waived insofar as 
changes to the work or its title are concerned. 
B. A new Section 27a shall be inserted, which 
shall read as follows: 
Section 2 la. In addition to suing for dam­
ages. the creator or the person in whom his rights 
are vested may apply to the courts for a ruling 
ordering the person who has infringed the copy­
right to surrender the profit deriving from the 
infringement and to render accounts therefor. 
D1IIY inroforce: See Section 11. 
Sourcc: Slaatsb/ad, :-':0. 282 of July 13, 1989. English text 
pro\'ided by the ~1inistry of Justice of the Netherlands. 
* For the basic law, see Copyright. 1973, pp. 181 c/ seq. 
i\L The creator or the person in whom his rights 
are vested may also make one or both of the 
applications referred to in the first paragraph 
partly or wholly on behalf of a license holder 
without prejudice to the latter's right to join pro­
ceedings instituted independently or partly or 
wholly on his behalf by the creator or the person 
en whom his rights are vested in order to obtain 
direct compensation for losses he has suffered or 
to obtain a proportionate share of the profits 
surrendered by the defendant. Either or both of 
the applications referred to in the first paragraph 
may only be made by a license holder if he has 
secured the power to do so from the creator or 
the person in whom the creator's rights are 
vested. 
C, The first paragraph of Section 28 shall be 
replaced by the following: 
Copyright confers the right to seize objects 
which have been published in breach of copy­
right and unauthorized reproductions thereof in 
the manner prescribed by and taking into con­
sideration the provisions governing the attach­
ment of movable property and either institute a 
claim for these as one's own property or apply 
for their destruction or that they be rendered 
useless. A similar power to seize or institute pro­
ceedings for recovery shall apply to admission 
fees paid by persons attending a lecture, perfor­
mance, showing or exhibition at which a breach 
of copyright has taken place, as well as to other 
monies which it is reasonable to assume have 
been obtained through or as a result of a breach 
of copyright. The power of seizure referred to in 
the first sentence of this paragraph, and the right 
to apply for the destruction or rendering useless 
of objects shall also apply to objects which 
have been used to effect a breach of copyright. 
Unless otherwise agreed, the license holder 
shall have the right to exercise the pO\",ers refer­
red to in this subsection, insofar as the pur-
NETHERLANDS -Text 1-01, page I COPYRIGHT -OCTOBER 1991 
pose is to protect rights which he is entitled to 
exercise. 
D. A new Section 30b shall be inserted, which 
shall read as follows: 
Section 30b. At the request of one or more 
commercial or professional bodies which, in the 
opinion of Our Minister of Justice and Our Min­
ister for Economic Affairs, can be deemed ade­
quately to represent the interests of their mem­
bers, which are legal persons with full legal ca­
pacity and whose objective is to further the 
interests of persons who import literary, scien­
tific or artistic works into the Netherlands, and 
publish or reproduce such works on a commer­
cial or professional basis, the aforementioned 
Ministers may together decide that the profes­
sional or commercial bodies designated by them 
shall be obliged to keep their records in a man­
ner to be indicated by them. 
Any person who fails to fulfill the obligation 
referred to above shall be liable to a second cate­
gory fine. The offense shall be a summary of­
fense. 
E. A new Section 31 a shall be inserted, which 
shall read as follows: 
SeClion 3 J a. Any person who intentionally: 
(a) offers for public distribution, 
(b) has in his possession for the purpose of 
reproduction or distribution, 
(c) has in his possession for the purpose of 
import into the Netherlands or 
(d) keeps in order to make a profit 
an object containing a work the copyright on 
which has been infringed. shall be liable to a 
term of imprisonment not exceeding six months 
or a fourth category fine. 
F. A new Section 31 b shall be inserted. which 
shall read as follows: 
Section 31 b. Any person who commits the 
summary offenses referred to in Sections 31 and 
31 a on a professional or commercial basis shall 
be liable to a term of imprisonment not exceed­
ing four years or a fifth category fine. 
G. Section 32 shall be replaced by the follow­
ing: 
Section 32. Any person who intentionally: 
(a) offers for public distribution, 
(b) has in his possession for the purpose of 
reproduction or distribution, 
NETHERLANDS -Text 1-01, page 2 IP/N/1/NLD/C/1 
Page 15 
LAWS AND TREATIES 
(c) has in his possession for the purpose of 
import into the Netherlands, or 
(d) keeps in order to make a profit 
an object which he may reasonably suspect con­
tains a work the copyright on which has been 
infringed, shall be liable to a third category 
fine. 
H. Section 33 shall be replaced by the follow­
ing: 
Section 33. The offenses described in Sec­
tions 31, 31 a, 31 band 32 shall be indictable 
offenses. 
1. A new Section 36a shall be inserted, which 
shall read as follows: 
Section 36a. Officials investigating the of­
fenses referred to in this Act shall be entitled at 
all times to see all documents or other data car­
riers in the possession of persons who on a pro­
fessional or commercial basis import into the 
Netherlands, publish or reproduce literary, 
scientific or artistic works, where inspection of 
such documents or data carriers may reasonably 
be deemed to be necessary for the performance 
of their duties. 
J. In Sections 34, 35, 35a and 35b the words 
"shall be deemed to be" shall be replaced by "is." 
K. Section 45e shall be replaced by the follow­
ing: 
Section 45e. In addition to enjoying the 
rights referred to in the first paragraph of Sec­
tion 25 under (b), (e) and (d), the creator of film 
shall be entitled to: 
(a) have his name appear at the customary 
place on the work in question, together 
with his capacity or the nature of his 
contribution to the film; 
(b) require that the section of the film re­
ferred to under (a) is shown; 
(c) refuse to allow his name to appear in 
the film, unless such a refusal would be 
unreasonable. 
L. In Section 45f the phrase "the first paragraph 
under (b)" shall be replaced by "the first paragraph 
under (c)." 
Section 11. This Act shall enter into force on a 
date to be determined by Royal Decree. 
NL IP IN I lINLD/CIl 
Page 16 
COPYRIGHT -OCTOBER 1991 LA WS AND TREATIES 
4. NETHERLANDS 
Act Amending the 1912 Copyright Act Concerning a Levy on the Reproduction of 
Recorded Images or Sound Recordings for Personal Use, Study or Practice 
(of May 30, 1990) 
Section I. The following amendments shall be 
made to the 1912 Copyright Act*: 
A. After Section 16b the following sections shall 
be inserted: 
Section 16c. (1) A ley)' shall be paid to the 
creator or the person in whom his rights are 
vested for reproduction which, having regard to 
the first paragraph of Section 16b, is for personal 
use, study or practice, and which takes the form 
of the recording of a work or part thereof on an 
object which is intended to show the images or 
play the sounds recorded upon it. 
(2) The levy shall be paid by the manufac­
turer or importer of the objects referred to in 
subsection ( 1 ). 
(3) The manufacturer shall be obliged to pay 
the levy at the time that the objects manufac­
tured by him can be put into circulation. The 
importer shall be obliged to pay the levy at the 
time of import. 
(4) The obligation to pay the levy shall lapse 
if the person llable to pay pursuant to subsection 
(2) exports the objects referred to in subsection 
( I ). 
(5) The ley)' shall be paid only once for each 
object. 
Section 16d. ( I) The le\'Y referred to in Sec­
tion 16c shall be paid 10 a legal person to be 
designated by Our Minister of Justice and which 
in his opinion has representative status. ** The 
said legal person shall be responsible for the col­
lection and distribution of such levies in accor­
dance with a scheme appro\'ed by Our Minister. 
FllliY inro /orcc: See Section ". 
SOllrce: SWalsblad. 010. 305 of June 28, 1990. English text 
pro\ided bv the ;-"linistrv of Justice of the Netherlands. . . 
* For the basic Jaw. see Copyright. 1973. pp. 181 et seq. 
** Le .. can be deemed adequately to represent the interests of 
those it represents. 
NL In matters relating to the collection of the levy 
the legal person shall represent the creators or 
the persons in whom their rights are vested both 
at law and otherwise. The legal person referred 
to above shall come under the supervision of 
Our Minister. 
(2) Further regulations governing the exer­
cise of supervision over the legal person referred 
to in subsection ( 1 ) may be laid down by order 
in council. 
Section 16e. (1) The amount of the levy re­
ferred to in Section 16c shall be determined by a 
foundation (stichting) to be designated 'by Our 
Minister whose board is composed in such a 
fashion that it furthers in a balanced way the 
interests of the creators or the persons in whom 
their rights are vested and the persons liable to 
pay the levy pursuant to Section 16c, subsection 
(2). The chairman of the board referred to above 
shall be appointed by Our Minister of Justice. 
(2) The running or playing time of the object 
in question shall be of primary importance in 
determining the amount of the levy. 
Section 16/ Any person who is liable to pay 
the levy referred to in Section 16c shall be 
obliged to inform the legal person referred to in 
Section J 6d, subsection ( 1 ). either immediately 
or within a period agreed with the said legal per­
son. of the number and running or playing time 
of the objects imported or manufactured by him 
as referred to in Section 16c, subsection ( I ). He 
shall further be obliged, at the request of the said 
legal person, to allow that legal person imme­
diately to inspect the documents necessary to 
enable it to determine whether the levy is pay­
able and the amount to be paid. 
Section 16g. Any disputes which may arise 
concerning the levy referred to in Section 16c 
shall be settled at first instance solely by The 
Hague District Court. 
NETHERLANDS -Text 1-02, page I COPYRIGHT -OCTOBER 1991 
B. After Section 35b a new Section 35c shall be 
inserted, which shall read as follows: 
Section 35c. Any person who intentionally 
fails to submit to the legal person referred to in 
Section 16d, subsection ( 1 ), written notification 
for the purpose of establishing the amount of the 
levy referred to in Section 16c or in such notifi­
cation intentionally provides incorrect or insuf­
ficient information shall be liable to a term of 
imprisonment not exceeding three months or to 
a third category fine. The offense shall be 
deemed to be a summary offense. 
C. After Section 36b a new Section 36c shall be 
inserted, which shall read as follows: 
~ETHERLANDS -Text 1·02, page 2 IP IN I flNLD/C/l 
Page 17 
LAWS AND TREATIES 
Section 36c. Any person who is involved in 
the implementation of this Act and thereby has 
at his disposal information which he knows or 
should reasonably suspect to be confidential and 
v:ho is not obliged by reason of his office, profes­
SIon or a statutory provision to maintain confi­
dentiality in this respect, is obliged to maintain 
confidentiality regarding such information, un­
less he is obliged to make it public under a statu­
tory provision or if his duties in connection with 
the implementation of this Act make it neces­
sary. 
Section I/. This Act shall come into force on a 
date to be determined by Royal Decree. 
NL 