The Netherlands has implemented the Use of works of architecture or sculptures in public spaces (Art. 5.3(h) InfoSoc) exception in Artikel 18 Auteurswet. The national exception is slightly more restrictive than the EU exception.
Implementation summary:
Exception allowing the reproduction or making available of representations of works of visual art and architecture which were made for permanent placement in public places.
Implementation details:
Beneficiaries:
- any user
Purposes:
- any purpose
Usage:
- reproduction
- making available
Subject Matter:
- drawings, paintings, construction and sculptures, lithography, engraving and other sheet metal works
- designs, sketches and plastic works relating to architecture, geography, local history or other sciences
Compensation:
- not required
Attribution:
- not required
Other Conditions:
- the work needs to be made made to be permanently placed in public places
- the works needs to be presented in the context where the object is found
- where the reproductions are included in a compilation work, no more than a few of the same creator's works may be copied
Introduced/last updated: 01 September 2004
Remarks: The exception does not include the right to make derivative works.
