The Netherlands has implemented the Private copying (Art. 5.2(b) InfoSoc) exception in Artikel 16b, 16c, 16d, 16e, 16f, 16g and 16ga Auteurswet. The national exception is slightly more restrictive than the EU exception.

Implementation summary:

Exception allowing natural persons to make or authorises reproductions for the sole purpose of private study, research or use by themself, provided that the use is solely for the own benefit of the person making the reproduction, limited to a few copies and without any direct or indirect commercial objective. For reproductions on objects designed to perform, display or represent works the producer or importer the objects is required to pay an equitable remuneration to authors and rightholders.

Implementation details:

Beneficiaries:

  • any natural person

Purposes:

  • private study
  • research
  • own use

Usage:

  • reproductions

Subject Matter:

  • works (with the exception of works of architecture)
  • performances
  • phonograms
  • broadcasts
  • film fixations

Compensation:

  • equitable remuneration is required for producers or importers of objects designed to perform, display or represent works.
  • equitable remuneration is required for certain types of reproductions made by the government, libraries and educational institutions.

Attribution:

  • not required

Other Conditions:

  • reproductions must be limited to a few copies.
  • reproductions of daily or weekly newspapers or journals or books or scores or parts of musical works and other works included in such works must be limited to a small part of the work, unless it concerns works of which it may be reasonably assumed that no new copies will be made available to third parties in return for payment or short articles, notices or other items published in a daily or weekly newspaper or magazine
  • in the case of works of visual art the reproduction must show a clear difference from the original work in terms of size or method of production.
  • the copies produced may not be disclosed to third parties without the consent of the author or rightholder, unless such disclosure is made for the purposes of judicial or administrative proceedings.
  • objects designed to perform, display or represent works that contain reproductions made under the exception may not be disclosed to third parties without the consent of the author or rightholder, unless such disclosure is made for the purposes of judicial or administrative proceedings.

Introduced/last updated: 07 June 2021

Remarks: The exception is codified in Articles 16b and 16c. The remaining Articles deal with the modalities of the equitable remuneration that is due for uses under Article 16c.

There is a corresponding provision in Article 11 of the Neighbouring Rights Act. This corresponding provision does not apply to uses of press publications, because private or non-commercial use of a press publication by individual users are excluded from the scope of the right in Article 7b of the Neighbouring Rights Act.