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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 | |||||||
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Type of agreement | Umbrella agreement | ||||||
Collective management organisation(s) | |||||||
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) | |||||||
Facilitates making available via Europeana? | |||||||
Periodicals
Type of agreement | Umbrella agreement | ||||||
Collective management organisation(s) | LIRA and Pictoright | ||||||
Cultural heritage institution | All heritage institutions in the Netherlands can join | ||||||
Materials |
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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 |
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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? | |||||||