The Netherlands has implemented the Ephemeral recordings made by broadcasters (Art. 5.2(d) InfoSoc) exception in Article 17b Auteurswet. The national exception closely resembles the EU exception.
Implementation summary:
Exception allowing broadcasting organisations to temporarily record the works intended for broadcasting solely for the purpose of broadcasting its own radio or television programmes. Recordings that have an exceptional documentary value may be kept in official archives.
Implementation details:
Beneficiaries:
- broadcasting organisations
Purposes:
- broadcasting
- archiving (only in case of exceptional documentary value)
Usage:
- reproduction (recording)
Subject Matter:
- works
- performances
- phonograms
- broadcasts
- film fixations
- press publications
Compensation:
- not required
Attribution:
- bot required
Other Conditions:
- the moral rights of the author must be observed
- the broadcasting organisation must be authorised to broadcast the work
Introduced/last updated: 07 June 2021
Remarks: There is a corresponding provision in Article 10(g) of the Neighbouring Rights Act.
