Copyright
Also known as: copyright
Copyright is a legal concept that provides that the creator of a work has the sole right to determine the publication and reproduction of his production. Copyright covers texts (books and (scientific) articles), photographs, films and videos, art and software, among others.
The purpose of copyright law is to protect the intellectual property of creators and make it possible to receive compensation in return for the use of their work. Copyright may also be transferred by the original creator to another party, who then acts as publisher or distributor of the material.
Owners of copyright have the right to publish and copy their property and to determine by whom the work may be reused. This reuse includes both republication and adaptation of the original work. It is permissible to some extent to quote from someone else's work, as long as it is accompanied by a source citation and mention of the author.
Copyright Act
Copyright in the Netherlands is enshrined in the Copyright Act, introduced in 1912.
The first article of this law reads:
1. Copyright is the exclusive right of the creator of a literary, scientific or artistic work, or of his assignees, to publish and reproduce it, subject to the limitations imposed by law.
Over the years, some modifications to the Copyright Act have taken place to ensure that the law remained in line with a changing era with new media. However, the essence of the law has always remained the same.
The need to establish copyright was primarily driven by the rise of printing. Suddenly it became relatively easy to duplicate texts. Until then, copying handwritten texts was a labor-intensive process.
Claiming copyright
Often a line such as "Copyright 2014 [author's name], all rights reserved" is added at the bottom of a publication. Whether or not marked with the symbol for copyright: ©. In principle, it is not necessary to state that a work is copyrighted; this is automatic.
Once someone is the creator of something that can be called a "work," it is subject to copyright in virtually every country in the world. This has its origins in the Berne Convention. It was signed in 1886 by nine countries. The convention has been updated several times over the years and now almost all the world's countries have joined it.
The explicit mention of copyright assertion originated in the United States, which did not join the Berne Convention until 1989.
Compilers of large collections of information, such as encyclopedias, dictionaries and maps, sometimes add fictitious terms to prove plagiarism.
Copyright exceptions
Some things are explicitly excluded from copyright. For example, no copyright can be claimed on news and current events. Descriptions of factual events may be copied by other news media with source attribution. This promotes the free flow of information.
Inventions and names are also not subject to copyright. To establish these rights, inventions can be patented. Trade names can be recorded in the trade register or through a trademark registration.
Dutch law allows some forms of third-party reproduction. A well-known exception is the home copy: Private individuals are allowed to make a home copy of works such as CDs, films and books, provided these copies are intended for their own use and are not distributed to third parties. To compensate rights holders for lost income, the home copy levy was instituted.
Copyright expires seventy years after the death of the creator. From then on, works are automatically in the public domain and may be freely used.
Authors may also waive their copyrights on certain works earlier so that they may be freely distributed and adapted. The movement to use copyright more freely is also known as Copyleft or Free Culture. One organization that offers alternative licenses is Creative Commons.
