The Netherlands has implemented the Exception or limitation for text and data mining (Art. 4 DSM) exception in Artikel 15n Auteurswet. The national exception closely resembles the EU exception.

Implementation summary:

Exception allowing reproductions and extractions of lawfully accessible works and other subject matter for the purposes of text and data mining unless such use has been expressly reserved by their rightholders in an appropriate manner, such as machine-readable means in the case of content made publicly available online.

Implementation details:

Beneficiaries:

  • any user

Purposes:

  • text and data mining

Usage:

  • reproductions
  • extractions

Subject Matter:

  • works
  • performances
  • phonograms
  • broadcasts
  • film fixations
  • databases

Compensation:

  • not required

Attribution:

  • not required

Other Conditions:

  • Reproductions made under this exception may be retained for as long as is necessary for the purpose of text and data mining.

Introduced/last updated: 07 June 2021

Remarks: There are corresponding provisions in Article 10(q) of the Neighbouring rights act and 4a(b) of the Database Act