The Netherlands has implemented the Use in digital and cross-border teaching activities (Art. 5 DSM) exception in Artikel 12(5) en Artikel 16 Auteurswet. The national exception is slightly more restrictive than the EU exception.

Implementation summary:

Articles 12(5) and 16 of the Dutch Copyright Act implement the exceptions contained in Art 5(3)a of the InfoSoc Directive and Article 5 of the CDSM Directive. Article 16 allows reproductions and communications to the public as well as digital uses that takes place by means of a secure electronic environment of parts of works, entire short works and entire works of visual arts for the sole purpose of illustration for teaching. These uses are subject to compensation. Article 12(5) allows in-classroom use by public or not-for profit educational institutions as long as the use is part of a curriculum or justified by an academic purpose. This includes simultaneous digital uses as explanation by means of secure electronic environments.

Implementation details:

Beneficiaries:

  • public or non for profit academic or educational institutions (Art 12(5))
  • not defined (Art 16)

Purposes:

  • illustration for teaching (Art 16)
  • uses that are part of a school curriculum or syllabus (Art 12(5))
  • uses with a scientific purpose. (Art 12(5))

Usage:

  • reproduction and making available to the public (Art 16)
  • use as part of lectures, performances or presentations (Art 12(5))

Subject Matter:

  • parts of Works, entire short works and works of visual arts (Art 16)
  • works (Art 12(5))
  • performances
  • phonograms
  • broadcasts
  • film fixations
  • databases
  • press publications

Compensation:

  • not required for uses under Art 12(5)
  • required for uses under Art 16

Attribution:

  • not required for analogue uses under Art 12(5)
  • required unless impossible for digital uses under 12(5)
  • required in so far as reasonably possible for uses under Art 16

Other Conditions:

  • digital uses must take place by means of a secure electronic environment that is only accessible to pupils or students and the teaching staff of the educational institution.
  • the work which is being copied must be legally available to the public (Art 16)
  • the copying is in accordance with what is reasonably permissible according to the rules of social intercourse (Art 16)
  • the moral rights of the author must be observed (Art 16)
  • in cases where works are included in compilation works, no more than a few short works or short portions of works of the same author may be copied. In case of visual art works not more than a few works of the same author may be included provided that the size of manner of reproduction is sufficiently different from the original work and that no more than one work out of a series of works is included in the compilation (Art 16)

Introduced/last updated: 07 June 2021

Remarks: To implement Article 5 of the CDSM directive the Dutch legislator has expanded the scope of both Articles 12(5) and 16 to include digital uses by means of a secure electronic environment that is only accessible to pupils or students and the teaching staff of the educational institution.

There are provisions corresponding with Article 16 in Article 10(e) of the Neighbouring Rights Act and in Articles 4a(c) and 5.1(b) of the Database Act. There is a provision corresponding with Article 12(5) in Article 2(8) of the Neighbouring Rights Act.

Article 16 also allows the use of translated versions of a work.