The Netherlands has implemented the Preservation of cultural heritage (Art. 6 DSM) exception in Artikel 16n Auteurswet. The national exception closely resembles the EU exception.
Implementation summary:
Exception allowing cultural heritage institutions to make copies of works or other subject matter permanently located in their collections for purposes of preservation of such works or other subject matter and to the extent necessary for such preservation.
Implementation details:
Beneficiaries:
- Cultural heritage institutions
Purposes:
- Preservation
Usage:
- reproduction
Subject Matter:
- works
- performances
- phonograms
- broadcasts
- film fixations
- databases
Compensation:
- not required
Attribution:
- not required
Other Conditions:
- The work must part of the own collection of the beneficiary
- The reproduction must be necessary for the purpose of reproduction.
Introduced/last updated: 07 June 2021
Remarks: This exception is a slightly modified version of the existing Dutch implementation of the optional exception contained in Article 5(2)c of the InfoSoc directive. There are corresponding provisions in Article 10(f) of the Neighbouring rights act and 4a(d) of the Database Act. The exception cannot be overridden by contract.
