The Netherlands has implemented the Permitted uses of orphan works (Art. 6 OWD) exception in Artikel 16o, 16p 16q and 16r Auteurswet. The national exception closely resembles the EU exception.

Implementation summary:

Exception allowing publicly accessible libraries, educational establishments and museums, as well as archives, film or audio heritage institutions to reproduce and make available to the public works published in the form of books, journals, newspapers, magazines or other writings, cinematographic or audiovisual works and phonograms for which they have been unable to identify or locate the rightholders after a diligent serach. These so called orphan works may only be used in order to achieve aims related to their public-interest missions.

Implementation details:

Beneficiaries:

  • publicly accessible libraries
  • educational establishments
  • museums
  • archives
  • film or audio heritage institutions
  • public-service broadcasting organisations

Purposes:

  • exercise of the public intrest mission
  • preservation
  • restoration
  • providing access for educational or cultural uses.

Usage:

  • reproduction
  • making available to the public

Subject Matter:

  • books, brochures, newspapers, magazines and other writings
  • musical works
  • film works
  • performances
  • phonograms
  • film fixations

Compensation:

  • Fair compensation for the prior usage of the work by the beneficiary is required if a rightholder makes an end to the orphan works status of a work.

Attribution:

  • not required

Other Conditions:

  • The work must part of the own collection of the beneficiary.
  • In order to establish the orphan works status of a work, beneficiaries must carry out a diligent search in good faith in respect of each work or other protected subject-matter, by consulting the sources identified in the Decision on diligent examination of orphan works from 29 december 2014.
  • The beneficiary must terminate the use of an orphan work if a rightholder terminates the orphan status of a work with respect to the rights (s)he holds.

Introduced/last updated: 29 October 2014

Remarks: Together with the decision on diligent examination of orphan works from 29 December 2014, these articles implement the 2021 orphan works directive into Dutch Law. Beneficiaries may generate income from reproduction and making available provided that such income is used exclusively to offset the costs of digitizing and making available.

Article 17 Auteurswet contains a special provision for public media institutions, which are only allowed to use works that have been identified as orphan works if these works have been produced by the public media institution before 1 January 2003 and have been archived.