- CHAPTER I
- CHAPTER II Enforcement of copyright and criminal provisions
- CHAPTER III Duration of Copyright
- CHAPTER IV
- CHAPTER V
- CHAPTER VI Transitional and Final Provisions
The Copyright Act, 1912
(as last amended by the Law of October 27, 1972) *
CHAPTER I
Section 1. — Nature of copyright
Article 1. — Copyright is the exclusive right of the author of a literary, scientific or artistic work, or of his assignees, to make such work public and to reproduce it, subject to the limitations provided in the Law.
Article 2. — Copyright shall be deemed personal property. It shall pass on by succession and shall be capable of transfer in whole or in part. Transfer of copyright in whole or in part may be effected only by an authenticated or private deed. The transfer shall comprise only those rights specifically mentioned in the deed of transfer or which are necessarily implied from the nature or purpose of the agreement.
The copyright belonging to the author of a work and, after his death, the copyright belonging to the person having acquired any unpublished work as heir or legatee of the author, shall not be subject to seizure.
Section 2. — Author of the work
Article 3. — [repealed]
Article 4. — In the absence of proof to the contrary, the person who is indicated as author in or on the work or, where there is no such indication, the person who, when the work is made public, is made known as the author by the party who makes the work public, shall be deemed to be the author of the work.
If the author is not named, the person who delivers an oral address which has not appeared in print shall be deemed to be the author thereof, unless there is proof to the contrary.
Article 5. — If a literary, scientific or artistic work consists of separate works by two or more persons, the person under whose guidance and supervision the work as a whole has been made or, if there is no such person, the compiler of the various component works, shall be deemed to be the author of the whole work, subject to the copyright in each of the separate works.
Where a separate work in which copyright subsists is incorporated in a whole work, the reproduction or making public of each separate work, by any person other than the author thereof or his successor in title, shall be deemed to be an infringement of the copyright in the whole work.
Where such a separate work has not been previously made public, the reproduction or making public of the separate work by the author thereof or his successors in title, without mention of the whole work of which it is a part, shall be regarded as an infringement of the copyright in the whole work, unless otherwise agreed between the parties.
Article 6. — If a work has been produced according to the plan and under the guidance and supervision of another person, that person shall be deemed to be the author of the work.
Article 7. — Where work performed in the service of another person consists in the production of certain literary, scientific or artistic works, the person in whose service they were produced shall be deemed to be the author thereof, unless otherwise agreed between the parties.
* The basic Act is dated September 23, 1912. The Law of October 27, 1972, was published in the Staatsblad, 1972, No. 579. — WIPO translation.
Article 8. — Any public institution, association, foundation or partnership which makes a work public as its own, without naming any natural person as the author thereof, shall be regarded as the author of the work, unless it is shown that making the work public in such manner was unlawful.
Article 9. — If a work appearing in print does not mention the name of the author or does not mention his true name, the person mentioned in such work as the publisher or, where there is no such indication, the person whose name appears as the printer thereof may, on behalf of the copyright owner, assert the copyright in the work against third parties.
Section 3. — Works protected by copyright
Article 10. — For the purposes of this Act, the term “literary, scientific or artistic works” shall include: - (i)
- books, pamphlets, newspapers, periodicals and all other writings;
- (ii)
- dramatic and dramatico-musical works;
(iii) lectures; - (iv)
- choreographic works and entertainments in dumb show, the acting form of which is fixed in writing or otherwise;
- (v)
- musical works, with or without words;
- (vi)
- drawings, paintings, works of architecture and sculpture, lithographs, engravings and the like;
(vii) geographical maps;
(viii) plans, sketches and three-dimensional works relating to architecture, geography, topography or other sciences;
(ix) photographic and cinematographic works, and works produced by analogous processes;
(x) works of applied art and industrial designs, 1 and generally any production in the literary, scientific or artistic fields, whatever may be the mode or form of its expression. Reproductions of adaptations of a literary, scientific or artistic work, such as translations,
arrangements of music, cinematographic adaptations and other alterations, as well as collections of different works, shall be protected as separate works, without prejudice to the copyright in the original work.
Article 11. — No copyright shall subsist in laws, decrees or ordinances issued by public authorities, or in judicial or administrative decisions.
Section 4. — Publication
Article 12. — The publication of a literary, scientific or artistic work shall include: - (i)
- the publication of a reproduction of all or part of the work;
- (ii)
- the distribution of all or part of a work or of a reproduction thereof, so long as such work has not appeared in print;
(iii) the public recitation, performance or presentation of all or part of a work or of a reproduction thereof.
A recitation, performance or presentation in a private circle shall be deemed to be a public recitation except where such circle is confined to relatives or friends, or to persons who may be assimilated to relatives
Article Ia. — Until the date of entry into force of the Benelux Uniform Law on Designs and Models, annexed to the
Benelux Convention on Designs and Models, concluded at Brussels on October 25, 1966, the first paragraph of Article 10,
under (x), should read as follows:
(x) works of applied art;
or friends, and where no fee of any kind is charged for admission to the recitation, performance or presentation. This provision shall apply also to an exhibition.
A recitation, performance or presentation which serves exclusively a scientific purpose, or education dispensed in the name of the public authorities or of a non-profit-making legal entity, shall not be deemed to be a public recitation, performance or presentation, provided that it is incorporated in the study program.
Simultaneous publication, by wire or otherwise, of a work made public by way of radio or television broadcast shall not be deemed to be separate publication where it is carried out by the organization making the broadcast.
Section 5. — Reproduction
Article 13. — The reproduction of a literary, scientific or artistic work shall include also translation, arrangement of music, cinematographic adaptation or dramatization, and generally any partial or total adaptation or imitation, in a modified form, which cannot be regarded as a new and original work.
Article 14. — The reproduction of a literary, scientific or artistic work shall be understood to mean also the recording of all or part of the work on an article intended for causing a work to be heard or seen.
Section 6. — Limitations on copyright
Article 15. — Unless the copyright is expressly reserved, the reprinting in a daily or weekly newspaper or weekly or other periodical, without the authorization of the author or his successors in title, of articles, reports or other contributions, with the exception of novels and short stories, having appeared in another daily or weekly newspaper or weekly or other periodical, shall not be deemed to be an infringement of copyright, provided that the name of the daily or weekly newspaper or weekly or other periodical from which they were reprinted is clearly stated, as well as the name of the author, if given. In the case of periodicals, it shall be sufficient to make a general reservation of copyright in the heading of each issue. No reservation of copyright may be made in respect of articles on current political topics, news of the day and miscellaneous information.
The right of reprinting referred to in the preceding paragraph shall apply to foreign newspapers and periodicals only with respect to news of the day, miscellaneous information and articles on current economic, political or religious topics, provided that the last sentence of the preceding paragraph shall not apply with respect to articles on current political topics.
The provisions of this Article shall apply also to reproductions in a language other than that of the original article.
Article 15a. — Short quotations of articles, even in the form of press summaries, appearing in a daily or weekly newspaper or weekly or other periodical shall not be deemed to be an infringement of copyright on condition that the name of the daily or weekly newspaper or weekly or other periodical from which they are taken is clearly stated, as well as the name of the author of the passages quoted, if given.
Article 15b. — Subsequent publication or reproduction of a literary, scientific or artistic work made public by or on behalf of the public authorities shall not be deemed to be an infringement of the copyright in such work, unless the copyright is expressly reserved, either in a general manner by a law, decree or administrative order, or in a specific case by a notice appearing on the work itself or a communication made at the time of its publication. Even if no such reservation has been made, the author retains the exclusive right to cause those of his works which have been published by or on behalf of the public authorities to appear in the form of a collection.
Article 16. — It shall not be deemed to be an infringement of the copyright in a literary, scientific or artistic work: - (a)
- to reproduce, in whole or in part, in the original language or in translation, works already published (uitgegeven) in anthologies and other works clearly intended for use in education or for other scientific purposes, provided that:
- (i)
- reproduction is confined to a small number of brief portions of the work, or to a small number of short essays or poems by the same author and, in the case of works referred to in Article 10, first paragraph, under (vi), to some of those works, and that the reproductions differ appreciably in size or process of manufacture from the original work, on the understanding that, where two or more such works have been made public together, the reproduction of only one of them shall be permitted;
- (ii)
- the provisions of Article 25 are respected;
(iii) the reproductions mention the original work and the name of the author if it is indicated therein or thereon; (iv) equitable remuneration is paid to the author or to his successors in title;
- (b)
- to quote, in the original language or in translation, parts of writings already made public, to quote parts of musical works already made public, and to incorporate reproductions of works of plastic art already made public in the texts of announcements or criticisms, polemic writings or scientific treatises, provided that:
- (i)
- the number and length of the parts quoted or reproductions incorporated do not go beyond what is reasonably acceptable to social custom;
- (ii)
- the provisions of Article 25 are respected;
(iii) the name of the author is mentioned if it is indicated on or in the original work. The right [of the Queen] to determine by administrative regulation what shall be understood, in the first paragraph, under (a)(i), by “a small number of brief portions of the work or a small number of short essays or poems by the same author”, and to determine what shall be understood, in the first paragraph, under (a)(iv), by “equitable remuneration”, is reserved. A summary of a lecture which has been delivered in public without having previously appeared in print may contain quotations of the said lecture in the original language or in translation, provided that the
number and length of such quotations do not go beyond what is reasonably acceptable to social custom and that the name of the speaker is indicated; the provisions of Article 25 shall be complied with.2
Article 16a. — It shall not be deemed to be an infringement of the copyright in a literary, scientific or artistic work to make a short recording, reproduction or presentation thereof in public in a photographic, film, radio or television report, provided that this is necessary to give a proper account of the current events which are the subject of the report.
Article 16b. — It shall not be deemed to be an infringement of the copyright in a literary, scientific or artistic work to reproduce it in a limited number of copies for the sole purpose of the personal practice, study or use of the person who makes the copies or orders the copies to be made exclusively for himself.
Where the work is one of those referred to in Article 10, first paragraph, under (i), including the score or parts of a musical work, the reproduction shall furthermore be confined to a small portion of the work, except in the case of: - (a)
- works of which, in all probability, no new copies are made available to third parties for payment of any kind;
- (b)
- short articles, news items or other texts which have appeared in a daily or weekly newspaper or weekly or other periodical.
Where the work is one of those referred to in Article 10, first paragraph, under (vi), the copy must differ appreciably in size or process of manufacture from the original work.
The provisions of the first paragraph concerning reproduction made to order shall not apply to reproduction made by recording a work or a part thereof on an article intended for causing the work to be heard or seen.
In the case of reproduction permitted under this Article, the copies made may not be transmitted to third parties without the consent of the copyright owner, except where such transmittal is effected for the purposes of a judicial or administrative proceeding.
An administrative regulation [issued by the Queen] may provide that, with respect to the reproduction of works referred to in Article 10, first paragraph, under (i), the provisions of one or several of the foregoing paragraphs may be waived for the operation of the public service and for the performance of the tasks incumbent on public service institutions. Directions and precise conditions may be fixed to this end.
The foregoing provisions of this Article shall not apply to the imitation of an architectural work.3
Article 17. — Without prejudice to the provisions of the foregoing Article, it shall not be deemed to be an infringement of the copyright in the works referred to in Article 10, first paragraph, under (i), to reproduce, on behalf of an enterprise, organization or other establishment, articles, information or other separate texts which have appeared in a daily or weekly newspaper or weekly or other periodical, or small portions of books, pamphlets or other writings, provided that they are scientific works and that the number of copies made does not exceed that which the enterprise, organization or establishment may reasonably need for the purposes of its internal activities. Copies may only be transmitted to persons employed by the enterprise, organization or establishment.
Any person who makes copies or orders the making of copies shall pay equitable remuneration to the author of the work thus reproduced or to his successors in title.
An administrative regulation [issued by the Queen] may fix provisions concerning the maximum number of copies, the maximum size of copies, the amount of remuneration, the mode of payment of remuneration and the number of copies in respect of which no remuneration is payable.3
Article 17a. — Provisions may be enacted by administrative regulation, in the general interest, to govern the exercise by the author or his successors in title of the copyright in a literary, scientific or artistic work with respect to the publication of such a work by means of the radio or television broadcasting of signs, sounds or images, or the distribution on a broader scale, by wire or otherwise, of a work made public in such a manner. The said administrative regulation may state that such a work may be made public in such a manner or be distributed on a broader scale without the prior consent of the author or his successors in title. Those who are thus entitled to make a work public or to distribute it on a broader scale shall nevertheless be bound to respect the rights of the author referred to in Article 25 and pay the author or his successors in title equitable remuneration which, failing agreement and at the request of the most diligent party, shall be fixed by the Court, which may at the same time order the payment of security.
The provisions of the foregoing paragraph shall apply accordingly to the production and distribution of articles, with the exception of cinematographic reproductions, designed to render all or part of a musical work audible by mechanical means, where in connection with the same musical work such articles have already been produced and distributed either by or with the consent of the author or his successors in title.
Article 17b. — Unless otherwise agreed, the right to make a work public by broadcasting on radio or television shall not imply the right to record the work.
The radio or television broadcasting organization entitled to the publication referred to in the foregoing paragraph shall nevertheless be permitted to record the work intended for broadcasting, using its own facilities and solely for the purpose of its own radio and television broadcasts, provided that the recording of sounds or images is destroyed within 28 days from the date on which the first radio or
television broadcasting of the work took place, and in any event within six months following the date of the recording. The organization thus entitled to make the recording shall nevertheless be bound to respect the rights of the author referred to in Article 25.
An administrative regulation may provide that recordings thus made which possess exceptional documentary value may be kept in official archives, and may further determine the conditions applicable in such a case.
Article 17c. — It shall not be deemed to be an infringement of the copyright in a literary or artistic work when such work is performed vocally by a religious community and is provided with instrumental accompaniment in the course of a service.
Article 17d. — The administrative regulations referred to in Articles 16, second paragraph, 16b, sixth paragraph, 17, third paragraph, and 17a, first and second paragraphs, and the possible amendment of such regulations, as well as all decisions, directions or measures deriving therefrom shall not enter into force until two months have expired following the date of their publication in the Staatsblad.
Article 18. — It shall not be deemed to be an infringement of the copyright in a work referred to in Article 10, first paragraph, under (vi), which is permanently displayed in a public thoroughfare, to reproduce or publish a reproduction of such work, provided that the work does not constitute the main part of the reproduction, that the reproduction differs appreciably in size or process of manufacture from the original work and that, with regard to architectural works, only the exterior thereof is reproduced.4
Article 19. — The reproduction of a portrait by or on behalf of the person portrayed, or, after his death, by or on behalf of his relatives, shall not be deemed to be an infringement of copyright.
If the portrait is of two or more persons, reproduction thereof by or on behalf of one of the persons portrayed shall not be lawful without the consent of the others or, during the ten years following their death, without the consent of their relatives.
It shall not be deemed to be an infringement of copyright to reproduce a photographic portrait in a newspaper or periodical if the reproduction is made by one of the persons referred to in the first paragraph of this Article or with his consent, provided that the name of the photographer is indicated if it appears on the portrait.
This Article shall apply only to portraits which have been made pursuant to an order given to the author of the portrait by or on behalf of the persons portrayed.
Article 20. — Unless otherwise agreed, the owner of the copyright in a portrait shall not be entitled to make such portrait public without the consent of the person portrayed or, during the ten years following his death, without the consent of his relatives.
If the portrait is of two or more persons, reproduction thereof shall be lawful only with the consent of all the persons portrayed or, during the ten years following their death, with the consent of their relatives.
The last paragraph of the preceding Article shall apply.
Article 21. — If a portrait is made without having been ordered by or on behalf of the person portrayed, the copyright owner shall be allowed to make it public only in so far as the person portrayed or, after his death, his relatives have no legitimate reason for opposing its being made public.
Article III. — The present version of Article 18 shall not be applicable to reproductions appearing in books or printed
matter which are published unabridged in the same form as that in which they were published prior to the entry into force of
this Law. Such books and printed matter shall remain subject, as far as reproductions are concerned, to Article 18 as worded
prior to the entry into force of this Law.
Reproductions to which the first paragraph is not applicable and which, prior to the entry into force of this Law, were
made under Article 18 without infringing any copyright, as well as unchanged copies of such reproductions, may be
distributed during the five years following the entry into force of this Law.
Article 22. — In the interest of public safety and for the purpose of judicial inquiries, images of any nature may be reproduced, publicly exhibited and distributed by, or by order of, the judicial authorities.
Article 23. — Unless otherwise agreed, the owner of a drawing or painting, a work of architecture, a sculpture or a work of applied art shall be entitled, without the consent of the copyright owner, to exhibit such work publicly or to reproduce it in a catalog for the purpose of sale.
Article 24. — Unless otherwise agreed, the author of a painting shall, notwithstanding the transfer of his copyright, be entitled to make further similar paintings.
Article 25. — Even after transfer of his copyright, the author of a work shall have the following rights:
(as last amended by the Law of October 27, 1972) *
CHAPTER I
Section 1. — Nature of copyright
Article 1. — Copyright is the exclusive right of the author of a literary, scientific or artistic work, or of his assignees, to make such work public and to reproduce it, subject to the limitations provided in the Law.
Article 2. — Copyright shall be deemed personal property. It shall pass on by succession and shall be capable of transfer in whole or in part. Transfer of copyright in whole or in part may be effected only by an authenticated or private deed. The transfer shall comprise only those rights specifically mentioned in the deed of transfer or which are necessarily implied from the nature or purpose of the agreement.
The copyright belonging to the author of a work and, after his death, the copyright belonging to the person having acquired any unpublished work as heir or legatee of the author, shall not be subject to seizure.
Section 2. — Author of the work
Article 3. — [repealed]
Article 4. — In the absence of proof to the contrary, the person who is indicated as author in or on the work or, where there is no such indication, the person who, when the work is made public, is made known as the author by the party who makes the work public, shall be deemed to be the author of the work.
If the author is not named, the person who delivers an oral address which has not appeared in print shall be deemed to be the author thereof, unless there is proof to the contrary.
Article 5. — If a literary, scientific or artistic work consists of separate works by two or more persons, the person under whose guidance and supervision the work as a whole has been made or, if there is no such person, the compiler of the various component works, shall be deemed to be the author of the whole work, subject to the copyright in each of the separate works.
Where a separate work in which copyright subsists is incorporated in a whole work, the reproduction or making public of each separate work, by any person other than the author thereof or his successor in title, shall be deemed to be an infringement of the copyright in the whole work.
Where such a separate work has not been previously made public, the reproduction or making public of the separate work by the author thereof or his successors in title, without mention of the whole work of which it is a part, shall be regarded as an infringement of the copyright in the whole work, unless otherwise agreed between the parties.
Article 6. — If a work has been produced according to the plan and under the guidance and supervision of another person, that person shall be deemed to be the author of the work.
Article 7. — Where work performed in the service of another person consists in the production of certain literary, scientific or artistic works, the person in whose service they were produced shall be deemed to be the author thereof, unless otherwise agreed between the parties.
* The basic Act is dated September 23, 1912. The Law of October 27, 1972, was published in the Staatsblad, 1972, No. 579. — WIPO translation.
Article 8. — Any public institution, association, foundation or partnership which makes a work public as its own, without naming any natural person as the author thereof, shall be regarded as the author of the work, unless it is shown that making the work public in such manner was unlawful.
Article 9. — If a work appearing in print does not mention the name of the author or does not mention his true name, the person mentioned in such work as the publisher or, where there is no such indication, the person whose name appears as the printer thereof may, on behalf of the copyright owner, assert the copyright in the work against third parties.
Section 3. — Works protected by copyright
Article 10. — For the purposes of this Act, the term “literary, scientific or artistic works” shall include: (iii) lectures; (vii) geographical maps;
(viii) plans, sketches and three-dimensional works relating to architecture, geography, topography or other sciences;
(ix) photographic and cinematographic works, and works produced by analogous processes;
(x) works of applied art and industrial designs, 1 and generally any production in the literary, scientific or artistic fields, whatever may be the mode or form of its expression. Reproductions of adaptations of a literary, scientific or artistic work, such as translations,
arrangements of music, cinematographic adaptations and other alterations, as well as collections of different works, shall be protected as separate works, without prejudice to the copyright in the original work.
Article 11. — No copyright shall subsist in laws, decrees or ordinances issued by public authorities, or in judicial or administrative decisions.
Section 4. — Publication
Article 12. — The publication of a literary, scientific or artistic work shall include: (iii) the public recitation, performance or presentation of all or part of a work or of a reproduction thereof.
A recitation, performance or presentation in a private circle shall be deemed to be a public recitation except where such circle is confined to relatives or friends, or to persons who may be assimilated to relatives
Article Ia. — Until the date of entry into force of the Benelux Uniform Law on Designs and Models, annexed to the
Benelux Convention on Designs and Models, concluded at Brussels on October 25, 1966, the first paragraph of Article 10,
under (x), should read as follows:
(x) works of applied art;
or friends, and where no fee of any kind is charged for admission to the recitation, performance or presentation. This provision shall apply also to an exhibition.
A recitation, performance or presentation which serves exclusively a scientific purpose, or education dispensed in the name of the public authorities or of a non-profit-making legal entity, shall not be deemed to be a public recitation, performance or presentation, provided that it is incorporated in the study program.
Simultaneous publication, by wire or otherwise, of a work made public by way of radio or television broadcast shall not be deemed to be separate publication where it is carried out by the organization making the broadcast.
Section 5. — Reproduction
Article 13. — The reproduction of a literary, scientific or artistic work shall include also translation, arrangement of music, cinematographic adaptation or dramatization, and generally any partial or total adaptation or imitation, in a modified form, which cannot be regarded as a new and original work.
Article 14. — The reproduction of a literary, scientific or artistic work shall be understood to mean also the recording of all or part of the work on an article intended for causing a work to be heard or seen.
Section 6. — Limitations on copyright
Article 15. — Unless the copyright is expressly reserved, the reprinting in a daily or weekly newspaper or weekly or other periodical, without the authorization of the author or his successors in title, of articles, reports or other contributions, with the exception of novels and short stories, having appeared in another daily or weekly newspaper or weekly or other periodical, shall not be deemed to be an infringement of copyright, provided that the name of the daily or weekly newspaper or weekly or other periodical from which they were reprinted is clearly stated, as well as the name of the author, if given. In the case of periodicals, it shall be sufficient to make a general reservation of copyright in the heading of each issue. No reservation of copyright may be made in respect of articles on current political topics, news of the day and miscellaneous information.
The right of reprinting referred to in the preceding paragraph shall apply to foreign newspapers and periodicals only with respect to news of the day, miscellaneous information and articles on current economic, political or religious topics, provided that the last sentence of the preceding paragraph shall not apply with respect to articles on current political topics.
The provisions of this Article shall apply also to reproductions in a language other than that of the original article.
Article 15a. — Short quotations of articles, even in the form of press summaries, appearing in a daily or weekly newspaper or weekly or other periodical shall not be deemed to be an infringement of copyright on condition that the name of the daily or weekly newspaper or weekly or other periodical from which they are taken is clearly stated, as well as the name of the author of the passages quoted, if given.
Article 15b. — Subsequent publication or reproduction of a literary, scientific or artistic work made public by or on behalf of the public authorities shall not be deemed to be an infringement of the copyright in such work, unless the copyright is expressly reserved, either in a general manner by a law, decree or administrative order, or in a specific case by a notice appearing on the work itself or a communication made at the time of its publication. Even if no such reservation has been made, the author retains the exclusive right to cause those of his works which have been published by or on behalf of the public authorities to appear in the form of a collection.
Article 16. — It shall not be deemed to be an infringement of the copyright in a literary, scientific or artistic work: (iii) the name of the author is mentioned if it is indicated on or in the original work. The right [of the Queen] to determine by administrative regulation what shall be understood, in the first paragraph, under (a)(i), by “a small number of brief portions of the work or a small number of short essays or poems by the same author”, and to determine what shall be understood, in the first paragraph, under (a)(iv), by “equitable remuneration”, is reserved. A summary of a lecture which has been delivered in public without having previously appeared in print may contain quotations of the said lecture in the original language or in translation, provided that the
number and length of such quotations do not go beyond what is reasonably acceptable to social custom and that the name of the speaker is indicated; the provisions of Article 25 shall be complied with.2
Article 16a. — It shall not be deemed to be an infringement of the copyright in a literary, scientific or artistic work to make a short recording, reproduction or presentation thereof in public in a photographic, film, radio or television report, provided that this is necessary to give a proper account of the current events which are the subject of the report.
Article 16b. — It shall not be deemed to be an infringement of the copyright in a literary, scientific or artistic work to reproduce it in a limited number of copies for the sole purpose of the personal practice, study or use of the person who makes the copies or orders the copies to be made exclusively for himself.
Where the work is one of those referred to in Article 10, first paragraph, under (i), including the score or parts of a musical work, the reproduction shall furthermore be confined to a small portion of the work, except in the case of: Where the work is one of those referred to in Article 10, first paragraph, under (vi), the copy must differ appreciably in size or process of manufacture from the original work.
The provisions of the first paragraph concerning reproduction made to order shall not apply to reproduction made by recording a work or a part thereof on an article intended for causing the work to be heard or seen.
In the case of reproduction permitted under this Article, the copies made may not be transmitted to third parties without the consent of the copyright owner, except where such transmittal is effected for the purposes of a judicial or administrative proceeding.
An administrative regulation [issued by the Queen] may provide that, with respect to the reproduction of works referred to in Article 10, first paragraph, under (i), the provisions of one or several of the foregoing paragraphs may be waived for the operation of the public service and for the performance of the tasks incumbent on public service institutions. Directions and precise conditions may be fixed to this end.
The foregoing provisions of this Article shall not apply to the imitation of an architectural work.3
Article 17. — Without prejudice to the provisions of the foregoing Article, it shall not be deemed to be an infringement of the copyright in the works referred to in Article 10, first paragraph, under (i), to reproduce, on behalf of an enterprise, organization or other establishment, articles, information or other separate texts which have appeared in a daily or weekly newspaper or weekly or other periodical, or small portions of books, pamphlets or other writings, provided that they are scientific works and that the number of copies made does not exceed that which the enterprise, organization or establishment may reasonably need for the purposes of its internal activities. Copies may only be transmitted to persons employed by the enterprise, organization or establishment.
Any person who makes copies or orders the making of copies shall pay equitable remuneration to the author of the work thus reproduced or to his successors in title.
An administrative regulation [issued by the Queen] may fix provisions concerning the maximum number of copies, the maximum size of copies, the amount of remuneration, the mode of payment of remuneration and the number of copies in respect of which no remuneration is payable.3
Article 17a. — Provisions may be enacted by administrative regulation, in the general interest, to govern the exercise by the author or his successors in title of the copyright in a literary, scientific or artistic work with respect to the publication of such a work by means of the radio or television broadcasting of signs, sounds or images, or the distribution on a broader scale, by wire or otherwise, of a work made public in such a manner. The said administrative regulation may state that such a work may be made public in such a manner or be distributed on a broader scale without the prior consent of the author or his successors in title. Those who are thus entitled to make a work public or to distribute it on a broader scale shall nevertheless be bound to respect the rights of the author referred to in Article 25 and pay the author or his successors in title equitable remuneration which, failing agreement and at the request of the most diligent party, shall be fixed by the Court, which may at the same time order the payment of security.
The provisions of the foregoing paragraph shall apply accordingly to the production and distribution of articles, with the exception of cinematographic reproductions, designed to render all or part of a musical work audible by mechanical means, where in connection with the same musical work such articles have already been produced and distributed either by or with the consent of the author or his successors in title.
Article 17b. — Unless otherwise agreed, the right to make a work public by broadcasting on radio or television shall not imply the right to record the work.
The radio or television broadcasting organization entitled to the publication referred to in the foregoing paragraph shall nevertheless be permitted to record the work intended for broadcasting, using its own facilities and solely for the purpose of its own radio and television broadcasts, provided that the recording of sounds or images is destroyed within 28 days from the date on which the first radio or
television broadcasting of the work took place, and in any event within six months following the date of the recording. The organization thus entitled to make the recording shall nevertheless be bound to respect the rights of the author referred to in Article 25.
An administrative regulation may provide that recordings thus made which possess exceptional documentary value may be kept in official archives, and may further determine the conditions applicable in such a case.
Article 17c. — It shall not be deemed to be an infringement of the copyright in a literary or artistic work when such work is performed vocally by a religious community and is provided with instrumental accompaniment in the course of a service.
Article 17d. — The administrative regulations referred to in Articles 16, second paragraph, 16b, sixth paragraph, 17, third paragraph, and 17a, first and second paragraphs, and the possible amendment of such regulations, as well as all decisions, directions or measures deriving therefrom shall not enter into force until two months have expired following the date of their publication in the Staatsblad.
Article 18. — It shall not be deemed to be an infringement of the copyright in a work referred to in Article 10, first paragraph, under (vi), which is permanently displayed in a public thoroughfare, to reproduce or publish a reproduction of such work, provided that the work does not constitute the main part of the reproduction, that the reproduction differs appreciably in size or process of manufacture from the original work and that, with regard to architectural works, only the exterior thereof is reproduced.4
Article 19. — The reproduction of a portrait by or on behalf of the person portrayed, or, after his death, by or on behalf of his relatives, shall not be deemed to be an infringement of copyright.
If the portrait is of two or more persons, reproduction thereof by or on behalf of one of the persons portrayed shall not be lawful without the consent of the others or, during the ten years following their death, without the consent of their relatives.
It shall not be deemed to be an infringement of copyright to reproduce a photographic portrait in a newspaper or periodical if the reproduction is made by one of the persons referred to in the first paragraph of this Article or with his consent, provided that the name of the photographer is indicated if it appears on the portrait.
This Article shall apply only to portraits which have been made pursuant to an order given to the author of the portrait by or on behalf of the persons portrayed.
Article 20. — Unless otherwise agreed, the owner of the copyright in a portrait shall not be entitled to make such portrait public without the consent of the person portrayed or, during the ten years following his death, without the consent of his relatives.
If the portrait is of two or more persons, reproduction thereof shall be lawful only with the consent of all the persons portrayed or, during the ten years following their death, with the consent of their relatives.
The last paragraph of the preceding Article shall apply.
Article 21. — If a portrait is made without having been ordered by or on behalf of the person portrayed, the copyright owner shall be allowed to make it public only in so far as the person portrayed or, after his death, his relatives have no legitimate reason for opposing its being made public.
Article III. — The present version of Article 18 shall not be applicable to reproductions appearing in books or printed
matter which are published unabridged in the same form as that in which they were published prior to the entry into force of
this Law. Such books and printed matter shall remain subject, as far as reproductions are concerned, to Article 18 as worded
prior to the entry into force of this Law.
Reproductions to which the first paragraph is not applicable and which, prior to the entry into force of this Law, were
made under Article 18 without infringing any copyright, as well as unchanged copies of such reproductions, may be
distributed during the five years following the entry into force of this Law.
Article 22. — In the interest of public safety and for the purpose of judicial inquiries, images of any nature may be reproduced, publicly exhibited and distributed by, or by order of, the judicial authorities.
Article 23. — Unless otherwise agreed, the owner of a drawing or painting, a work of architecture, a sculpture or a work of applied art shall be entitled, without the consent of the copyright owner, to exhibit such work publicly or to reproduce it in a catalog for the purpose of sale.
Article 24. — Unless otherwise agreed, the author of a painting shall, notwithstanding the transfer of his copyright, be entitled to make further similar paintings.
Article 25. — Even after transfer of his copyright, the author of a work shall have the following rights:
(iii) the reproductions mention the original work and the name of the author if it is indicated therein or thereon; (iv) equitable remuneration is paid to the author or to his successors in title;