The Netherlands has implemented the Use for the benefit of people with a disability (Art. 5.3(b) InfoSoc) exception in Artikel 15i Auteurswet. The national exception closely resembles the EU exception.
Implementation summary:
Exception allowing reproductions or publications of works exclusively for the benefit of people with a disability, which are directly related to the disability are not of a commercial nature, and are necessary because of the disability.
Implementation details:
Beneficiaries:
- any user
Purposes:
- any non commercial purpose necessitated by the disability
Usage:
- reproduction
- making available
Subject Matter:
- works
- performances
- phonograms
- broadcasts
- film fixations
- press publications
Compensation:
- fair remuneration is required
Attribution:
- not required
Other Conditions:
- the acts of reproduction or making available need to be directly related to the disability
Introduced/last updated: 07 June 2021
Remarks: There is a corresponding provision in Article 10(i) of the Neighbouring Rights Act.
The exception is without prejudice to the exception in Article 15j (Which implements the provisions of the Marrakesh Treaty in the Dutch Copyright Act).
