The Netherlands has implemented the Use of public speeches and public lectures (Art. 5.3(f) InfoSoc) exception in Artikel 15b Auteurswet. The national exception is much more restrictive than the EU exception.
Implementation summary:
Exception allowing the further publication or reproduction of works made public by the state of which the state is the author or the rightholder, unless an express reservation of copyright has been made.
Implementation details:
Beneficiaries:
- any user
Purposes:
- any purpose
Usage:
- publication
- reproduction
Subject Matter:
- works
- performances
- phonograms
- broadcasts
- film fixations
- press publications
Compensation:
- not required
Attribution:
- not required
Other Conditions:
- the exception does not apply when the copyright is expressly reserved, either generally by law, decree or regulation, or in a particular case by notice posted on the work itself or at the time of its disclosure
Introduced/last updated: 07 June 2021
Remarks: There is a corresponding provision in Article 9c of the Neighbouring Rights Act.
This exception is both much much broader than Art 5.3(f) of the InfoSoc Directive as it applies to all types of works that attract copyright and much more restrictive as the state can override this exception by reserving the copyright.
