by: the Government of the Netherlands

“ A licensee may file one or both of the claims referred to in paragraph 1 only if he has obtained the authority to do so from the author or his succesor in title. Article 28 1. Copyright shall entitle the rightholder to claim as his property any goods that are not filed in the public records and which have been communicated to the public in violation of copyright or are unauthorised reproductions, or to apply for them to be destroyed or rendered useless. The rightholder may bring a claim for the handing over of the said goods so that they can be destroyed or rendered useless. ”

“ A recitation, performance or presentation which is exclusively for the purposes of education provided on behalf of the public authorities or a non-profit-making legal person, in so far as such a recitation, performance or presentation forms part of the school work plan or curriculum where applicable, or which exclusively serves a scientific purpose, shall not be deemed public. ”

“ Professional art dealer: the natural person or legal person, whose occupation or company is the acquisition and sale of originals of works of art or to produce sales contracts of original works of art as an intermediary. Article 43a 1. The droit de suite is the right of the producer and his successors in title by succession to receive an equitable remuneration upon each sale of the original of the work when a professional art dealer is involved, excluding the first transfer by the producer. ”

“ Cinematographic work means a work consisting of a sequence of images, with or without sound, irrespective of the manner of fixation, if it is fixed. 2. Without prejudice to the provisions of articles 7 and 8, the natural persons who have made a contribution of a creative nature to the making of a cinematographic work shall be considered the authors of said work. 3. The natural or legal person responsible for the making of a cinematographic work with a view to its exploitation shall be considered the producer of the said work. ”

“ A work shall be deemed to have been published within the meaning of this article when it has appeared in print with the consent of the author or, in general, when a sufficient number of copies thereof, of whatever kind, have been made available with the consent of the author, to meet the reasonable needs of the public, given the nature of the work. ”

“ For the purposes of the application of the preceding paragraph, authors who are not Dutch nationals but are normally resident in the Netherlands shall be equated with Dutch nationals in respect of unpublished works or works that have been published after the author has taken up residence in the Netherlands. ”

“ The right referred to in article 28, paragraph 1, may not be exercised in respect of goods in the possession of persons who do not trade in such goods and who have obtained them exclusively for private use, unless they have infringed the copyright themselves. ”

“ Lending as referred to in paragraph 1 sub 3° . means making available for use, for a limited period of time, by establishments accessible to the public, for no direct or indirect economic or commercial advantage. 4. A recitation, performance or presentation in public includes that in a restricted circle, except where this is limited to relatives or friends or equivalent persons and no form of payment whatsoever is made for admission to the recitation, performance or presentation. ”