The Netherlands has implemented the Use for the purpose of research or private study (Art. 5.3(n) InfoSoc) exception in Artikel 15h Auteurswet. The national exception closely resembles the EU exception.
Implementation summary:
Exception allowing the making available of works in the collections of libraries, educational establishments, museums or archives which do not pursue any direct or indirect commercial or economic advantage to individual members of the public, for the purpose of research or private study, by means of dedicated terminals that are accessible on the premises of the beneficiary institutions. The exception aplies unless otherwise agreed.
Implementation details:
Beneficiaries:
- libraries, educational establishments and museums or archives
Purposes:
- research or private study
Usage:
- making available to individual members of the public
Subject Matter:
- works
- performances
- phonograms
- broadcasts
- film fixations
- press publications
Compensation:
- not required
Attribution:
- not required
Other Conditions:
- the making available must be done by means of dedicated terminals on the premises of the beneficiaries
- the beneficiaries must not seek direct or indirect economic or commercial advantage.
Introduced/last updated: 07 June 2021
Remarks: There is a corresponding provision in Article 10(c) of the Neighbouring Rights Act
