The Netherlands has implemented the Quotation for criticism or review (Art. 5.3(d) InfoSoc) exception in Artikel 15a Auteurswet. The national exception is slightly more restrictive than the EU exception.
Implementation summary:
Exception allowing quotations from works that have been lawfully made public in announcements, reviews, polemics or scientific treatises or for expressions with a similar purpose, provided that the authors moral rights are observerd, the source including the name of the author is indicated and the quotation is in accordance with what is reasonably permissible according to the rules of social intercourse and the number and scale of the portions quoted are justified by the purpose to be achieved.
Implementation details:
Beneficiaries:
- any user
Purposes:
- quotation
Usage:
- any use
Subject Matter:
- works
- performances
- phonograms
- broadcasts
- film fixations
- press publications
Compensation:
- not required
Attribution:
- required if reasonably possible
Other Conditions:
- the moral rights of the author must be observed
- the work must have been lawfully made public
- the quotation is in accordance with what is reasonably permissible according to the rules of social intercourse
- scale of the portions quoted is justified by the purpose to be achieved
Introduced/last updated: 07 June 2021
Remarks: There is a corresponding provision in Article 10(b) of the Neighbouring Rights Act.
The exception is limited to quotations in 'announcements, reviews, polemics or scientific treatises or for expressions with a similar purpose' which makes it substantially narrower than the generic InfoSoc exception. The exception also applies to quotations in a language other than the original.
