The Netherlands has implemented the Permitted uses under Article 3 of the Marrakesh directive exception in Artikel 15j, 15k, 15l and 15m Auteurswet. The national exception closely resembles the EU exception.

Implementation summary:

Exception allowing acts necessary for the conversion of published written works into a form which is accessible to persons with a reading disability solely for use by persons with a reading disability. Such acts can be carried out by persons with a reading disability (or persons acting on their behalf) or by entities specifically authorized to do so, provided that they have lawful access to the published written work.

Implementation details:

Beneficiaries:

• persons with a reading disability or persons acting on behalf of a person with a reading disability
• authorised entities

Purposes:

• conversion into formats accessible for persons with a reading disability

Usage:

• conversion
• making available

Subject Matter:

• published written works
• performances
• phonograms
• broadcasts
• film fixations
• databases

Compensation:

• not required (by law the givernement can issue a administrative decree that would require authorized entities to pay equitable remuneration to authors and rightholders, but the government has so far not made use of this option)

Attribution:

• not required

Other Conditions:

• the beneficiaries need to have lawful access to the published written work
• the integrity of the published written work must be respected as much as possible

Introduced/last updated: 11 October 2018

Remarks: There are corresponding provisions in Article 10(m) of the Neighbouring Rights Act and 5.2 of the Database Act.

Article 15j also allows authorised entities to disclose converted works to a persons with a reading disability or another authorised entity in another Member State of the European Union or a State that is a party to the Convention on the Reading Disabled, provided that the disclosure is made with a view to the exclusive use of the person with a reading disability and is made on a non-profit basis. Article 15k further allows for the importation by a reading disabled person or an authorised entity of a work converted by an authorised entity in another Member State of the European Union or a State party to the Convention on Reading Disabilities.

Article 15m(b) defines a published written works as 'a literary, scientific or artistic work in the form of a book, journal, newspaper, magazine or other type of writing, notation including sheet music and related illustrations, on any medium, including audio formats, which is protected by copyright and has been made available to the public'.

The exception cannot be overriden by contract.