The Netherlands has implemented the Pre-existing exceptions of minor importance (Art. 5.3(o) InfoSoc) exception in Artikel 19 Auteurswet. The national exception is slightly more restrictive than the EU exception.

Implementation summary:

Article 19 of the Dutch copyright act contains an exception that allows the reproduction of portraits commissioned by or on behalf of the persons portrayed. In the case of photographic portraits this exceptions also allows the making available of such portraits in a newspaper or magazine provided that the person depicted has given permission.

Implementation details:

Beneficiaries:

• natural persons who have commissioned a portrait
• next of kin of natural persons who have commissoned a portrait (after their death)
• newspapers or magazines

Purposes:

Usage:

• reproduction
• making available (newspapers or magazines)

Subject Matter:

• Portraits
• Photographic portraits (making available)

Compensation:

• not required

Attribution:

• required, if in the name of the maker is mentioned (making available)

Other Conditions:

• the portrait must have been commissioned by or on behalf of the persons portrayed.
• if the portrait contains multiple portrayed persons the exception only applies when permission has been given by the other portrayed persons (or, during a period of ten years after their death, by their next of kin)

Introduced/last updated: 01 January 2002