The Netherlands has implemented the Use for public security purposes (Art. 5.3(e) InfoSoc) exception in Artikel 22 Auteurswet. The national exception closely resembles the EU exception.
Implementation summary:
This exception consists of two parts. The first part allows the judiciary to reproduced or make public images of any nature for the purpose of detecting criminal offences. The second part allows the reproduction of literary, scientific or artistic works in the interests of public security or to ensure the smooth progress of administrative, parliamentary or judicial proceedings or of reporting on these.
Implementation details:
Beneficiaries:
- the judiciary (first part)
- any user (second part)
Purposes:
- detecting criminal offences (first part)
- public security (second part)
- ensuring the smooth progress of administrative, parliamentary or judicial proceedings (second part)
- reporting on administrative, parliamentary or judicial proceedings (second part)
Usage:
- reproduction
- make available (first part)
Subject Matter:
- Works (second part)
- Images (first part)
- performances
- phonograms
- broadcasts
- film fixations
- press publications
- databases
Compensation:
- not required
Attribution:
- not required
Introduced/last updated: 07 June 2021
Remarks: There are corresponding provisions in Article 10(k) of the Neighbouring Rights Act and 5.1(c) of the Database Act.
The types of use allowed by the second part are a bit unclear. The Dutch original uses the term 'overnemen' wich does not directly map on any of the standard uses and is probably broader than 'reproduction'
