|
According to the Dutch Copyright Law (called ''Auteurswet''), a Dutch copyright (called auteursrecht) is the exclusive right of the author of a work of literature, science or art, to publish and duplicate such work ((article 1 )). A copyright comes into existence by making the work. No formalities, such as copyright registration, are necessary to obtain a copyright. The duration of a copyright is 70 years after the death of the author ((article 37 )). The term "work" includes many materials, such as books, brochures, films, photographs, musical works, works of visual art and geographical maps ((article 10 )). Further, the Dutch Supreme Court has ruled that to be considered a work, it should have its own, original character with the personal imprint of the author (HR 4 January 1991, NJ 1991, 608(Van Dale/Romme)). The exclusive right to publish a work includes amongst others the publication of a copy of (part of) the work, the public recitation thereof and to rent or lend (part of) the work to public institutions ((article 12 )). The exclusive right to duplicate a work includes amongst others the recording, the translation, the music arrangement and the adaptation for the screen of the work ((article 13 )). == Specific features == * Copyright is only granted to creative, original works. The creator of the work must have used some creativity or a certain creative decision must have been made. ''Creativity'' is a relative term, however, as this is a legal, not aesthetic, standard. * Copyright is granted automatically, without any (registration) formality, in the Netherlands, as it is in any other country that is party to the Berne Convention. This means that it is not necessary to include copyright indicators such as "copyright 2006". In fact, the word "copyright" has no legal meaning in the Netherlands. Thus the phrase "op dit werk berust copyright" ("this work is covered by copyright") has no legal meaning. The correct phrase is "dit werk is auteursrechtelijk beschermd". The symbol also has no legal meaning in the Netherlands. * A copyright lasts for a finite amount of time��—specifically, 70 years after the death of the author. When a copyright expires, the work become part of the public domain. An author also can prematurely renounce a copyright. * Neither the expertise of the author, nor the quality of the creation itself is a relevant factor in determining whether a creation is a work or not. An underexposed, badly composed picture of the Eiffel Tower can be just as copyright-protected as a two-meter-tall print of a perfect photograph of the same tower by a professional photographer, provided that the legal requirements of a work are met. * Dutch laws, rulings and regulations are not copyright-protected. This means that they can be used at all times by anyone for any purpose ((article 11 )). However, some publishers of legal texts and court rulings may claim auteursrecht with regard to the form or order in which they are presented. * The ''Auteurswet'' allows for ''citaatrecht'' (quotation right) ((article 15a )). This allows the use of (parts of) a work under a limitative set of conditions. Quotation rights appear to be more limited and demarcated than the concept of fair use. * A ''portretrecht'' (portrait right) regards rights of the person portrayed in a portrait that is not made on behalf of that person, in contrast to an ''auteursrecht'' which grants rights to the creator of a work. An example is the publication of someone's picture in a magazine. The person portrayed can oppose such publication to the extent he or she has a reasonable interest in doing so ((article 21 )). * A copyright can be transferred or licensed. A license is a permission of the author to use the work as agreed upon by the author and the licensee. In order to be valid, a transfer of the ''auteursrecht'' should be in writing.〔(article 2 )〕 * An author can transfer a copyright to someone else using ''securitisatie'', at which point the author receives the current value of future copyright revenues at the time of public presentation. * Copyright, like the French idea of "droits d'auteur", also includes moral rights. This includes the right of the author to oppose the publication of the work without stating him as the author and any modifications or malformations to the work. The author can only partly waive his moral rights,〔(article 25 )〕 meaning that that the author retains certain rights, even if the copyright is transferred or renounced. * Copyright infringement is governed not only by civil law, but also by criminal law.〔(articles 26-36c )〕 * Marks and inventions are primarily governed by trademark rights and patents, respectively. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Copyright law of the Netherlands」の詳細全文を読む スポンサード リンク
|