The Netherlands has implemented the Incidental inclusion (Art. 5.3(i) InfoSoc) exception in Artikel 18a Auteurswet. The national exception is slightly more restrictive than the EU exception.

Implementation summary:

Exception allowing the incidental incorporation of a literary, scientific or artistic work as a component of secondary importance in another work.

Implementation details:

Beneficiaries:

  • any user

Purposes:

  • inclusion in another work

Usage:

  • any use

Subject Matter:

  • works
  • performances
  • phonograms
  • broadcasts
  • film fixations
  • press publications

Compensation:

  • not required

Attribution:

  • not required

Other Conditions:

  • The incorporated work must be of secondary importance

Introduced/last updated: 07 June 2021

Remarks: There is a corresponding provision in Article 10(p) of the Neighbouring Rights Act