Link to legal provisions

Parliamentary discourse, implemented in Auteurswet, Wet op de Naburige Rechten, Databankenwet

Stakeholder dialogues

Stakeholder dialogues are taking place for audiovisual works (finished), free standing music works (finished) and periodicals.

Out of commerce determination

No cut-off date provided in the Directive transposition text. Under discussion in stakeholder dialogues. Cinematographic work has presumption of in-commerce for 25 years and a presumption out of commerce after 50 years. Works by public broadcasters has 25/25 year respectively. 

Sufficiently representative CMOs 

Written works: LIRA

Phonograms: BUMA/STEMRA

Audiovisual works: StOpNl

Photographs: Pictoright

Visual works: Pictoright

Conditions for opt-out

No additional conditions for opt-out, except that only the rights holder can opt-out

Scope of licence

Making available online on non-commercial heritage websites for non-commercial purposes 

Scope of exception

Making available online on non-commercial websites for non-commercial purposes. The exception is not remunerated.

Publicity measures

Current MoU (in development) requires MoUs require reference to the MoU at every making available of the work.

Other conditions

Type of agreement

semi-public agreement

Collective management organisation(s) 

BUMA/STEMRA

Cultural heritage institution

All publicly accessible cultural heritage institutions

Materials

All independent musical works

Uses authorised

Making available on the internet on heritage sites 

Duration in time

Yearly

Geographical coverage

European Union

Fees 

€125,00 per 140.000 streams per year

Additional conditions to be respected by the CHI

Recommendation – not a requirement – to check Spotify to see if the work is in commerce

Additional conditions to be respected by the CMO

Mention at publication that it is an OOC work, refer to information page at CMO’s site.

Link to licence (if public)

https://www.kvan.nl/themas/auteursrecht-werken-die-niet-langer-in-de-handel-zijn-muziekwerken/

Facilitates making available via Europeana?

Type of agreement

Umbrella agreement

Collective management organisation(s) 

StOPnl

Cultural heritage institution

All publicly accessible cultural heritage institutions

Materials

All audiovisual works, where the assumption is that the rights are concentrated at the producer

Uses authorised

Making available on the internet on heritage sites in the Netherlands

Duration in time

Geographical coverage

Netherlands

Fees 

€0

Additional conditions to be respected by the CHI

Make available as a whole, use state of the art player, mention source and link to CMO

Additional conditions to be respected by the CMO

Link to licence (if public)

https://www.kvan.nl/themas/auteursrecht-werken-die-niet-langer-in-de-handel-zijn-audiovisuele-werken/  

Facilitates making available via Europeana?

Type of agreement

Umbrella agreement

Collective management organisation(s) 

LIRA and Pictoright

Cultural heritage institution

All heritage institutions in the Netherlands can join

Materials

• All copyrighted Out-of-commerce issues of newspapers, magazines, and other periodical publications

• Including the works contained therein

• As long as they have been published in the Kingdom of the Netherlands (or in colonial territories belonging to the Kingdom at the time)

• that were first published in the EU or EEA

• Regardless of whether they are in physical form or born-digital periodicals

• That are at least 10 years old

Uses authorised

“all forms of non-commercial publication of (Works as included in) Periodicals that can be consulted both inside and outside the [...] Heritage Institutions via their own websites, their own media or other digital or non-digital channels that are managed by them or made public under their responsibility, such as but not limited to digital exhibitions, social media insofar as it concerns Works in Periodicals that were published at least thirty (30) years ago, newsletters, apps, and other (future) digital or non-digital forms of non-commercial publication, including by means of snippets and clickable thumbnails.” (Google Translated)

Duration in time

Next 10 years

Geographical coverage

Netherlands

Fees 

The Royal Library of the Netherlands pays a 115.000€ lump sum fee per year (inflation corrected each year)

Additional conditions to be respected by the CHI

An obligation to check the publisher of the publication to ask if they are still in commerce

Additional conditions to be respected by the CMO

• An obligation to check the publisher of the publication to ask if they are still in commerce

• TDM Opt-out: “[...] Heritage Institutions will indicate by means of an appropriate machine-readable rights reservation that the Periodicals may not be used for text and data mining with a commercial purpose within the meaning of [...] Article 4 of the DSM Directive, including use for AI training purposes.”

• No Embedding: “[...] Heritage Institutions will make reasonable efforts to ensure that the necessary measures are taken to ensure that the Periodicals are not embedded in another website of a party that is not affiliated with this Umbrella Agreement. [...]”

Link to licence (if public)

https://www.kvan.nl/themas/auteursrecht-werken-die-niet-langer-in-de-handel-zijn-periodieken/

Facilitates making available via Europeana?