The Netherlands has implemented the Temporary acts of reproduction (Art. 5.1 InfoSoc) exception in Artikel 13a Auteurswet. The national exception closely resembles the EU exception.

Implementation summary:

Article 13a of the Dutch copyright act is an almost literal implementation of the generic exception in Article 5(1) of the InfoSoc Directive. It allows temporary acts of reproductions by network intermedaries for the purpose of transmission and by any user in the context of other lawful uses as long as they are integral and essential elements of a technological process and have no independent economic value.

Implementation details:

Beneficiaries:

  • Intermediaries (transmission in a network)
  • Any user (other lawful uses)

Purposes:

  • transmission in a network between third parties by an intermediary
  • other lawful uses

Usage:

  • temporary acts of reproduction

Subject Matter:

  • works
  • other subject matter

Compensation:

  • Not required

Attribution:

  • Not required

Other Conditions:

  • The act of reproductions is an integral and essential part of a technological process
  • The act of reproduction has no independent economic significance

Introduced/last updated: 01 September 2004