Law on neighbouring rights

Original Language Title: Wet op de naburige rechten

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Law of 18 March 1993 laying down rules for the protection of performers, producers of phonograms or of first fixations of films and broadcasting organizations and amendment of the Copyright Act 1912

We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.

All of them, who will see or hear these, saluut! do know:

In this regard, we considered that the International Convention for the Protection of Performing Artists, Producers of Phonograms and TV Organisations was concluded in Rome in 1961 ( Trb. 1986, 182) and the Convention for the protection of producers of phonograms in Geneva in 1971 against the unauthorized copying of their phonograms ( Trb. 1986, 183) is desirable to provide for the protection of performers, producers of phonograms and broadcasting organizations, and that it is desirable to do so in the light of the above Copyright 1912 to be amended;

In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:

Chapter 1. Definitions

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Article 1

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For the purposes of applying to or pursuant to this Act, the following definitions shall apply:

  • a. performing artist : The actor, singer, musician, dancer and any other person who performs a work of literature, science or art or an expression of folklore, sings, performs, or performs in any other way, as well as the artist, who is a variété or circus number or a puppet game;

  • b. Include : recording sounds, images, or a combination thereof, for the first time, on any object suitable for reproducing or making it public;

  • c. phonogram : each recording of sounds of a performance or other sounds only;

  • ed. Producer of phonograms : the natural or legal person who manufactures or does manufacture a phonogram for the first time;

  • e. Broadcasting organization : an institution which, in accordance with the legislation of the country in which the broadcast takes place, empowers or transmits programmes under its responsibility;

  • f. Reproducing : the direct or indirect, temporary or permanent reproduction, full or partial reproduction of a recording or reproduction of a recording or reproduction of any kind, of any kind and of any form; the reproduction of which is not the term 'temporary reproduction' of a kind used in the process is transient or incidental, and which constitutes an integral and essential part of a technical process applied with the sole purpose of enabling the transfer into a network between third parties by means of an intermediary or a legitimate use and which do not have an independent economic value;

  • g. Broadcast : to distribute programmes by means of a broadcasting channel as intended Article 1.1 of the Media Act 2008 or a broadcast network as intended Article 1.1 of the Media Act 2008 ;

  • h. Rebroadcast : the simultaneous transmission of a programme sent by an institution to be broadcast by another institution or a broadcasting organisation;

  • i. Program : a broadcast radio or television programme, or programme part;

  • j. renting out : to make available for a limited period of time and against a direct or indirect economic or commercial advantage for use;

  • k. Lending : to make available, for a limited period of time and without direct or indirect economic or commercial advantage for use by institutions accessible to the public;

  • l. execution : the activity of the performer as such;

  • m. make available to the public : to make available, by wire or wireless, to members of the public, protected by wire or wireless material in such a way that they have access to a place and time individually chosen by them;

  • n. Technical provisions : Technology, devices or components which, in the context of their normal operation, are intended to prevent or restrict acts in respect of material protected under this Law, provided by the performer, producer of phonograms, producer of first fixations of films or broadcaster, are not permitted; technical provisions shall be deemed to be 'effective' if the use of material protected under this law by the executive artist, producer of phonograms, producer of first fixations of films or broadcasting organizations, or their legal persons are controlled by means of access control or by the application of a protective process such as encryption, deformation or any other transformation of material protected under this law or a copy of the copy which the Intended to be protected;

  • o. information on the management of rights : all information provided by the performer, producer of phonograms, producer of first fixations of films, or broadcasting organizations, and their legal acquisewhich is linked to a reproduction of under this law (a) protected matter material or the disclosure or entry into service of material, which shall be used to identify that material, or information relating to the conditions of use of the protected under this Law; material as well as the figures or codes in which that information is contained.


Article 1a

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Except for the proof to the contrary, the person who has been designated as such in the material protected under this Law or in the absence of such an indication shall be kept by the person who, in the case of the person concerned, is at the same time as having a neighbouring right. the disclosure or entry into service of such material as an executive artist, producer of phonograms, producer of first fixations of films, or broadcasting organisation, is made public by the person who publicly Makes or puts into traffic.

Chapter 2. Contents of the related rights

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Article 2

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  • 1 The executive artist shall have the exclusive right to grant permission for any of the following acts:

    • a. recording of execution;

    • Reproduction of a recording of a performance;

    • (c) the sale, hiring out, lending, delivery or otherwise putting into circulation a recording of a performance or reproduction of a performance or of a reproduction, offering or placing in stock for such purposes;

    • d. broadcast, re-broadcast, make available to the public, or otherwise disclose, a performance or recording of a performance or reproduction of such a performance.

  • 2 Is a recording of a performance or reproduction thereof by the holder of the exclusive right referred to in paragraph 1, or with his consent for the first time in any of the Member States of the European Union or in a State which is a party to the the Agreement on the European Economic Area of 2 May 1992 brought into circulation by the transfer of ownership, the transferee shall act or that reproduction does not conflict with that exclusive right by the transfer of ownership of the the first paragraph, C Those acts, other than renting and lending, to be carried out.

  • 3 Without prejudice to the second paragraph, the borrowing of the recording referred to in that paragraph may be granted or reproductions provided that the person carrying out the loan is to pay an equitable remuneration.

  • 4 Institutions of education and institutions of research and the libraries attached to those institutions and the Royal Library shall be exempt from the payment of a fee for lending as referred to in the third paragraph.

  • 5 Publicly accessible library facilities, which are subsidized or maintained by municipalities, provinces, the realm or public body Bonaire, Sint Eustatius, or Saba, are for lending on the basis of the following: Article 10, part i , converted materials to persons with disabilities registered with those facilities, exempted from payment of the fee, referred to in the third paragraph.

  • 6 The fee referred to in paragraph 3 shall not be payable if the payment agent can prove that the holder of the exclusive right has waived the right to an equitable remuneration. The holder of the exclusive right must communicate the distance in writing to the person in question. Article 15 A and 15 B as such.

  • 7 With regard to the provisions of paragraph 1, Ed The term 'public authorities' means the execution which takes place in a closed circle, unless it is confined to the family, friends or other circles which are the same and for attending no payment in whatever form, be done.

  • 8 The execution of an implementation shall not include the execution solely used for the education provided by the public authorities or by a non-profit-making body, in so far as such execution is part of forms part of the school work plan, curriculum or institution work plan or serve as a scientific purpose.

  • 9 As separate disclosure is not considered the rebroadcast of a program by the same organism that originally broadcasts that program.


Article 2a

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  • 1 If an executive artist is the rental right, intended in Article 2, first paragraph, point C , with respect to a fused on a phonogram, has transferred to its producer, the producer owes the performer an equitable remuneration for the rental.

  • 2 The right to an equitable remuneration referred to in paragraph 1 shall not be renounced.


Article 2b

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Chapter 1a of the Copyright Act shall apply mutatis mutandis to the performer.


Article 3

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The employer is empowered to charge the rights of the performer, which is intended to be Article 2 , to be operated, to the extent that it has been agreed between the parties or arises from the nature of the contract of employment concluded between them, the practice or the requirements of reasonableness and fairness. Unless otherwise agreed or from the nature of the agreement, the custom or the requirements of reasonableness and fairness otherwise arise, the employer owes an equitable remuneration to the performer or his rightiy. for each form of exploitation of its rights. The employer shall respect the Article 5 The rights of the performer.


Article 4

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Article 5

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  • 1 The executive artist has, even after he is in Article 2 has transferred the right referred to:

    • a. The right to oppose the disclosure of the execution without mentioning his name or other designation as an executive artist unless the resistance would be contrary to the reasonableness;

    • (b) the right to oppose the publication of the execution under a name other than his or to the application of any change in the manner in which it is designated, provided that the name or indication is related to the application of the law; the execution has been indicated or made public;

    • c. the right to oppose any other change in the execution, unless such change is such that the resistance would be contrary to the reasonableness;

    • d. Right to oppose any malformation, mutilation or any other impairment of execution, which could harm the honor or the name of the performer or to his value in this capacity.

  • 2 The rights referred to in the preceding paragraph shall come after the death of the performer until the expiry of his Article 2 shall be entitled to the right to the disposition of property which he has taken on the disposition of the property.

  • 3 Of the provisions of the first paragraph A - C said rights may be renounced in writing.


Article 6

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  • 1 The phonogram producer has the exclusive right to grant permission for

    • (a) reproducing a phonogram produced by it;

    • (b) the sale, hiring out, lending, delivery or otherwise putting into circulation of a phonogram manufactured by him or of a reproduction thereof or of entering, offering or holding in stock for such purposes;

    • (c) broadcasting, rebroadcasting, making available to the public or otherwise publicly disregarding a phonogram produced by him or a reproduction thereof. Article 2, seventh to the ninth paragraph , shall apply mutatis mutandis.

  • 2 Is a phonogram or a reproduction thereof by the holder of the exclusive right referred to in paragraph 1, or with his consent for the first time in any of the Member States of the European Union or in a State party to the Agreement. on the European Economic Area of 2 May 1992 brought into circulation by the transfer of ownership, the purchaser of that phonogram or that reproduction does not conflict with that exclusive right by the transfer of ownership of the product concerned. Member, subject B Those acts, other than renting and lending, to be carried out.

  • 3 Without prejudice to the second paragraph, the loan of the phonogram referred to in that paragraph or a reproduction of the phonogram referred to in that paragraph shall be authorized, provided that the person carrying out the loan is to pay an equitable remuneration.

  • 4 Institutions of education and institutions of research and the libraries attached to those institutions and the Royal Library shall be exempt from the payment of a fee for lending as referred to in the third paragraph.

  • 5 Publicly accessible library facilities, which are subsidized or maintained by municipalities, provinces, the realm or public body Bonaire, Sint Eustatius, or Saba, are for lending on the basis of the following: Article 10, part i , converted materials to persons with disabilities registered with those facilities, exempted from payment of the fee, referred to in the third paragraph.

  • 6 The fee referred to in paragraph 3 shall not be payable if the payment agent can prove that the holder of the exclusive right has waived the right to an equitable remuneration. The holder of the exclusive right must communicate the distance in writing to the person in question. Articles 15 A and 15 B as such.


Article 7

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  • 1 A phonogram or a reproduction thereof issued for commercial purposes may be broadcast, rebroadcast or otherwise without the consent of the producer of the phonogram and the performing artist or of their legal acque; public, provided that a fair remuneration is paid for that. It does not apply in the first sentence to make available to the public of such a phonogram.

  • 2 For the purposes of the first paragraph, a phonogram released for commercial purposes shall include a phonogram which shall be made available to the public.

  • 3 In the absence of agreement on the level of the equitable remuneration, the Court of Justice shall be entitled to exclude, at first instance, the amount of the compensation for the benefit of the most reconsidered party.

  • 4 The allowance shall be paid to both the performer and the producer or their rights and shall be equally divided between them.


Article 7a

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  • 1 The producer of the first fixations of films shall have the exclusive right to consent to:

    • (a) reproducing, or reproducing, a film or a reproduction of a film manufactured by him;

    • (b) the sale, hiring out, lending, delivery or otherwise placing on the market of a film or reproduction of a film manufactured by him, or entering, offering or holding in stock for such purposes;

    • c. to make it available to the public of a film or reproduction of a film produced by him.

  • 2 Is the first fixation of a film or reproduction thereof by the holder of the exclusive right referred to in paragraph 1, or with his consent for the first time in any of the Member States of the European Union or in a State that is a party by transfer of ownership of the Agreement on the European Economic Area of 2 May 1992, the transferee of that initial commitment or production shall act not in breach of that exclusive right by the transferor with regard to which the provisions of paragraph 1, B Those acts, other than renting and lending, to be carried out.

  • 3 Without prejudice to the second paragraph, the loan or reproduction of the first budgetary commitment referred to in that paragraph shall be authorized, provided that the person carrying out the loan is to pay an equitable remuneration.

  • 4 Institutions of education and institutions of research and the libraries attached to those institutions and the Royal Library shall be exempt from the payment of a fee for lending as referred to in the third paragraph.

  • 5 Publicly accessible library facilities, which are subsidized or maintained by municipalities, provinces, the realm or public body Bonaire, Sint Eustatius, or Saba, are for lending on the basis of the following: Article 10, part i , converted materials to persons with disabilities registered with those facilities, exempted from payment of the fee, referred to in the third paragraph.

  • 6 The fee referred to in paragraph 3 shall not be payable if the payment agent can prove that the holder of the exclusive right has waived the right to an equitable remuneration. The holder of the exclusive right must communicate the distance in writing to the person in question. Articles 15 A and 15 B as such.


Article 8

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  • 1 A broadcaster shall have the exclusive right to consent to one or more of the following acts:

    • a. Retransmission of programmes;

    • b. the inclusion of programmes and the reproduction of such recognition;

    • (c) the sale, hiring out, lending, delivery or otherwise putting into circulation a recording of a broadcast or reproduction of a broadcast or of entering, offering or holding in stock for such purposes;

    • d. disclosure of programmes, if such disclosure is made in places accessible to the public against payment of cash, no matter which technical aids are used in the public service;

    • (e) making available to the public or otherwise publicly recording programmes or reproductions of programmes or reproductions of any kind, no matter which technical aids are used in the process. Article 2, seventh to ninth paragraphs , shall apply mutatis mutandis.

  • 2 Is a recording of a broadcast or reproduction thereof by the holder of the exclusive right referred to in paragraph 1, or with his consent for the first time in any of the Member States of the European Union or in a State party to the the Agreement on the European Economic Area of 2 May 1992 brought into circulation by the transfer of ownership, the transferee shall act or that reproduction does not conflict with that exclusive right by the transfer of ownership of the the first paragraph, C Those acts, other than renting and lending, to be carried out.

  • 3 Without prejudice to the second paragraph, the granting of a broadcast or reproduction of a broadcast or reproduction referred to in that paragraph shall be permitted provided that the person carrying out the loan is to pay an equitable remuneration.

  • 4 Institutions of education and institutions of research and the libraries attached to those institutions and the Royal Library shall be exempt from the payment of a fee for lending as referred to in the third paragraph.

  • 5 Publicly accessible library facilities, which are subsidized or maintained by municipalities, provinces, the realm or public body Bonaire, Sint Eustatius, or Saba, are for lending on the basis of the following: Article 10, part i , converted materials to persons with disabilities registered with those facilities, exempted from payment of the fee, referred to in the third paragraph.

  • 6 The fee referred to in paragraph 3 shall not be payable if the payment agent can prove that the holder of the exclusive right has waived the right to an equitable remuneration. The holder of the exclusive right must communicate the distance in writing to the person in question. Articles 15a and 15b as such.


Article 9

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  • 1 The rights to be granted by this Act are subject to succession. These rights may be transferred in whole or in part. For the conduct of operations as intended for the purposes of the Articles 2 , 6 , 7a and 8 a licence may be granted for all or part of the exclusive right.

  • 2 The supply required for all or part of the transfer and the granting of an exclusive licence shall be effected by an instrument intended for this purpose.

  • 3 The transfer or grant of an exclusive license by the performing artist or the natural person who is the exclusive right as intended in Article 2 as heir or legatary, only those powers of which this is stated in the instrument or by the nature or scope of the title necessarily result.


Article 9a

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The article 25e, third member of the Copyright Act The period specified shall be at least one year if:

  • a. the Article 9, first paragraph the transfer shall involve a transfer by an executive artist of his rights to the execution of a musical work to the producer of a phonogram, and

  • b. since the phonogram has been published or lawfully put into circulation at least 50 years of age.


Article 9b

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  • 1 If the Article 9, first paragraph the transfer shall involve the transfer of the rights of its execution to the producer of a phonogram, and a non-periodic fee has been agreed upon by that transfer, has the executing artist, or in the case of several performers, executive artists jointly the right to receive an annual additional fee from that producer for each full year following the 50th year after that phonogram is first lawfully established in The traffic has been brought to the public, or if this is earlier, has been made public.

  • 2 The fee referred to in the previous paragraph shall be 20 per cent of the revenue obtained by the producer of the phonogram with the reproduction, distribution and release of the phonogram in the year preceding the year for which the fee shall be paid.

  • 3 If the Article 9, first paragraph the transfer shall involve the transfer of the rights to the establishment of its execution to the producer of a phonogram, and a periodic fee has been agreed upon in that transfer, shall be reimbursed from the year following the 50th anniversary of the transfer of the fee. The year after the phonogram has been lawfully entered into circulation for the first time, or has previously been subject to publication, has been made public, without any contractual advances or reductions being contractually agreed upon.

  • 4 Of the rights referred to in paragraphs 1 to 3, the executing artist shall not be able to renounce.


Article 9c

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The rights referred to in the Articles 2 , 6 , 7a and 8 , do not apply to recording of a performance, phonogram, first fixation of a film, recordings of a program, and a reproduction thereof and publicly made execution, or because of public power in the traffic, recording of a performance, phonogram, first fixation of a film, program, recording of a program, and a reproduction thereof, of which the public power is the rightholder, unless the rights are either generally by the law, decision or Regulation, either in a particular case, as evidenced by a notice on or in the protection of the law under that law the use or disclosure of material itself or to the entry into service of such material is expressly reserved.


Article 10

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In the event of infringement of rights, Articles 2 , 6 , 7a and 8 , it shall not be considered:

  • (a) take over material protected by virtue of this Act on any current economic, political, religious or philosophical subject matter, which shall be public in a radio or television programme or other medium performing the same function; made or put into circulation, if they are taken over in a radio or television programme or other medium which performs the same function; Article 15, first paragraph, below 3 ° and 4 °, of the Copyright Act shall apply mutatis mutandis; in respect of a performance Article 5 -to be respected;

  • b. quoting in an announcement, assessment, polemic or scientific diversion or an expression with a similar purpose; Article 15a, first paragraph, below 1 °, 2 ° and 4 °, of the Copyright Act shall apply mutatis mutandis; in respect of a performance Article 5 -to be respected;

  • c. to make available, by means of a private network, a recording of a performance, phonogram, first fixation of a film or recording of a program, or a reproduction thereof, which is part of sets of for the publicly accessible libraries and museums or archives which do not pursue the achievement of an economic or commercial advantage, directly or indirectly, by means of terminals in the premises of those institutions to individual members from the public for research or private study, unless otherwise agreed;

  • d. public reporting in a film, radio or television report on current events in so far as this is justified for the proper performance of the event which is the subject of the report, and provided that: Only short extracts shall be used; Article 16a of the Copyright Act shall apply mutatis mutandis;

  • e. reproducing material protected under this law, provided that reproduction is effected without a direct or indirect commercial purpose and is solely for the purposes of his own exercise, study or use of a natural person who manufactures; the Articles 16c (2) to (7) , 16d up to and including 16ga , 17d and 35c of the Copyright Act shall be applicable mutatis mutandis;

  • f. the reproduction of a recording of a performance, phonogram, first fixation of a film or a recording of a program, or a reproduction thereof, by libraries, educational institutions or museums accessible to the public or by archives Do not pursue a direct or indirect economic or commercial advantage, where reproducing is carried out with the sole purpose of recording a performance, phonogram, initial fixation of a film or a recording of a programme, or reproduction thereof, to be retained for the institution in the event of a demonstrable decay threat, or To be able to maintain the view that the technology with which it can be made accessible is rendered into disuse; Article 16n, second paragraph, below 1 ° and 2 °, of the Copyright Act shall apply mutatis mutandis; in respect of a performance Article 5 -to be respected;

  • g. the temporary commitment by a broadcaster responsible for the disclosure by broadcast of a radio or television programme via radio or television, or any other medium performing the same function, with its own resources and only for broadcast of its own programmes, with respect to a performance Article 5 -to be respected; Article 17b, first and third paragraph, of the Copyright Act shall apply mutatis mutandis;

  • h. the incidental processing of material protected under this Act as part of subordinate meaning in other material;

  • (i) the reproduction, disclosure or entry into service of material protected under this Law in so far as is intended exclusively for people with a disability, is directly related to the disability, is not a commercial character; and necessary for the purposes of that handicap; Articles 15i, second paragraph , and 16g of the Copyright Act shall be applicable mutatis mutandis;

  • j. Caricature, parody or pastiche provided that the use is in accordance with the rules of social traffic reasonably permitted;

  • k. to take over material protected under this Act for the purpose of the detection of criminal offences, public security or the proper conduct of an administrative, parliamentary or judicial procedure or the reporting thereof; ensure; and

  • (l) reproduce and make available to the public of an entry into circulation or public for the first time in a Member State of the European Union or in a State which is a party to the Agreement on the European Economic Area recording a performance, phonogram or first recording of a film, or a reproduction thereof, part of the collection of publicly accessible libraries, educational institutions and museums, as well as archives and Cinematographic or audiovisual heritage settings not having a direct or indirect effect Pursue economic or commercial benefit and public media institutions as intended Chapter 2 of the Media Act 2008 , if the rightholder has not been identified and tracked down after a careful search. The Articles 16o to 16q and 17 of the Copyright Act shall be applicable mutatis mutandis.


Article 11

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Rights infringement intended for use in the Articles 2 , 6 , 7a and 8 -shall not be considered if the acts referred to in the Articles 2 , 6 , 7a and 8 , to be carried out solely for the purpose of education, in so far as this is justified by the intended non-commercial purpose, Article 16, first paragraph, below 1 °, 2 °, 4 ° and 5 °, of the Copyright Act shall apply mutatis mutandis; in respect of a performance Article 5 -to be respected.


Article 12

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  • 1 The rights of performers shall expire on the basis of 50 years of the 1st January of the year, following that in which the implementation has taken place.

  • 2 If, within the period referred to in the first paragraph, a recording of the performance has been lawfully put into circulation or made public otherwise than on a phonogram, the rights shall be removed by the 50 years of the 1st of January of the year, following that in which the withdrawal was first lawfully put into circulation or, whichever is earlier, has been made public.

  • 3 If within the period referred to in the first paragraph a recording of the performance on a phonogram has been lawfully put into circulation or made public, the rights shall be cancelled by the 70 years of the 1st January of the year. year, following that in which the phonogram has been lawfully put into circulation for the first time or, whichever is earlier, has been made public.

  • 4 The rights of producers of phonograms shall be cancelled by the 70 years of the 1st January of the year, following that in which the phonogram is manufactured. If, within this period, the phonogram has been lawfully entered into circulation, the rights of 70 years shall cease to apply from the 1st January of the year following that in which the phonogram is first lawfully entered in the market. The traffic has been released. If the phonogram has not been lawfully put into circulation but has been made public within the period referred to in the previous sentence, the rights shall expire 70 years from the date on which the phonogram is first disclosed.

  • 5 The rights of broadcasting organizations shall expire on the basis of 50 years from the 1st January of the year following that in which a programme has been broadcast for the first time, no matter which technical aids are used in the programme.

  • 6 The rights of producers of the first fixation of a film shall be cancelled by 50 years from the 1st January of the year, following that in which the first commitment has taken place. However, if, within this period, the first fixation has been lawfully put into circulation or has been made public, the rights shall cease to be valid for 50 years from the 1st January of the year, following that in which the first has been lawfully put into circulation for the first time, or has been previously subject to it, has been made public.

Chapter 3. The exercise and enforcement of related rights

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Article 13

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The Article 2 the rights referred to may, in the case of joint implementation by six or more persons, be exercised solely by a representative elected by a majority by the performers participating in that performance. The provisions of the first sentence of this Article shall not apply to the soloist, director and conductor acting on the joint implementation. The maintenance of the Article 2 the rights referred to may, in the case of joint implementation, be carried out by each of the performers participating in that performance, unless otherwise agreed.


Article 14

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If two or more producers of phonograms or of first fixations of films or broadcasting organizations have a common right in respect of the same phonogram, the first fixation of a film or programme, the maintenance of this right may be right by each of them, unless otherwise agreed.


Article 14a

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  • 1 The right of the executive artist and the producer of phonograms to grant permission for a phonogram or a reproduction thereof by means of a phonogram or a reproduction of a non-unchanged and non-unchanged rebroadcast of a performance broadcasting network as intended Article 1.1 of the Media Act 2008 , may be exercised exclusively by legal persons whose statutes aim to represent the interests of rightholders by exercising the right to which they are entitled.

  • 2 The legal persons referred to in paragraph 1 shall also be empowered to pursue the interests of rightholders who have not given a mandate to do so, in the case of the exercise of the same rights as laid down in the Statute. Where, according to the statutes, more than one legal person seeks to represent the interests of the same category of rightholders, the rightholder, referred to in the first sentence of this paragraph, may designate one of them as having jurisdiction in respect of the rights of the holder. to defend his interests.

  • 3 For rightholders who have not issued a contract as referred to in paragraph 2, the rights and obligations arising out of an agreement which has a legal person responsible for the exercise of the same rights shall be subject to the rights and obligations of the right holders, in respect of the broadcast referred to in paragraph 1, in full.

  • 4 Claims against the legal person referred to in paragraph 1 in respect of the funds collected by such persons shall be allowed to lapse by three years from the beginning of the day following that on which the retransmission as referred to in paragraph 1 has taken place.

  • 5 This Article shall not apply to rights referred to in paragraph 1 which are to be sent to a broadcaster in respect of its own broadcasts.


Article 14b

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Parties are required to negotiate permission for the rebroadcast, intended Article 14 A , first paragraph , to perform in good faith and not to obstruct or impede without valid reason.


Article 14c

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  • 1 If the retransmission is to be carried out in Article 14 A , first paragraph , no agreement can be reached, any party can appeal to one or more mediators. The conciliators shall be selected in such a way as to ensure that their independence and impartiality in reasonable doubt can be of no doubt.

  • 2 The mediators shall assist in the conduct of the negotiations and shall be empowered to propose to the Parties. Up to three months from the date of receipt of the conciliators ' proposals, one party may object to such proposals to the other party. The proposals of the mediators shall bind the parties, unless one of them has served objections to them within the time limit referred to in the previous sentence. The proposals and objections shall be served on the parties in accordance with the provisions of the sixth section of the first title of the first book of the Code of Civil Procedure.


Article 14d

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The Articles 14b and 14c shall apply mutatis mutandis to the unchanged and unabridged retransmission of the programme of a broadcasting organization by means of a broadcasting network as referred to in Article 1.1 of the Media Act 2008 .


Article 15

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  • 1 The payment of the Article 7 such equitable remuneration should be made in respect of a representative legal person designated by our Minister of Justice, who is responsible for the collection and distribution of such compensation, with the exception of others. As regards fixing the amount of the fee and collection thereof and the exercise of the law alone, the legal person referred to in the previous sentence shall represent the rightholders in and out of the law.


Article 15a

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  • 1 The payment of the in Articles 2 , 6 , 7a and 8 The compensation referred to must be made by a representative of our Minister for Education, Culture and Science, in agreement with our Minister of Education, Culture and Science, who shall be the representative of the person concerned, who shall not be excluded from the law is responsible for the collection and distribution of this fee. In matters relating to the fixing of the amount of the allowance and the collection thereof and the exercise of the exclusive right, the legal person referred to in the previous sentence shall represent the rightholders in and out of court.


Article 15b

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The height of the Article 2, third paragraph , 6, third member , 7 A , third Member , and 8, third member The compensation provided for shall be determined by a foundation by our Minister of Justice, in accordance with our Minister of Education, Culture and Science, of which the Board of Governors is such that the interests of the rightholders and the persons paying for payment in accordance with the aforementioned Articles are represented in a balanced way. The chairman of the board of this foundation is appointed by Our Minister of Justice in accordance with our Minister of Education, Culture and Science. The number of board members of this foundation should be odd.


Article 15c

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Disputes concerning the in Article 2, third paragraph , 6, third member , 7 A , third Member , and 8, third member The compensation provided for shall be decided by the Court of the Hague at first instance.


Article 15d

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The person responsible for payment of the Article 2, third paragraph , 6, third member , 7 A , third Member , and 8, third member The amount of the allowance is compulsory, provided that no other date has been agreed to, before 1 April of each calendar year at the time of the entry into force of the Article 15 A , first paragraph (i) to declare the number of legal acts referred to in the abovementioned articles. It shall also be required to make available to the legal person, at the request of this person, without delay, the documents or any information which may be communicated to them, the knowledge of which shall be necessary for the determination of the chargeability and the amount of the allowance.


Article 15th

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The judge may, in the case of the rightholder, be entitled to Articles 2 , 6 , 7a and 8 , middlemen whose services are used by third parties to make infringement of his detention order, orders the services used to make that breach, to cease.


Article 15f

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The provision judge may, in the event of a claim by the rightholder, be Articles 2 , 6 , 7a and 8 , allow temporary continuation of the alleged infringement under the condition that security is provided for compensation of the damage suffered by the rightholder. Under the same conditions, the courts can continue the provision of services by the intermediary Article 15th to allow.


Article 15g

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  • 1 The payment of the Article 9b, first paragraph be reimbursed by our Minister for Security and Justice, in accordance with our Minister of Education, Culture and Science to appoint a legal person to appoint a legal person. This legal person is to the exclusion of others in charge of the collection and distribution of the fee.

  • 2 The person who is obliged to pay the in Article 9b, first paragraph the said fee shall provide the person entitled to that compensation, at his request, with all the information necessary for the payment of the payment.

  • 3 The person who is obliged to pay the in Article 9b, first paragraph in so far as it is not agreed at any other time, shall declare, before 1 April of each calendar year, the income generated by the phonogram as referred to in paragraph 1 of the first paragraph of the year. It shall also be required to make available to the legal person, at the request of this person, without delay, the documents or any information which may be communicated to them, the knowledge of which shall be necessary for the determination of the chargeability and the amount of the allowance.

  • 4 The person who intentionally fails to make the declaration referred to in the preceding paragraph or intentionally makes an incorrect or incomplete communication in that declaration shall be subject to imprisonment of a maximum of three months or a fine of the third category. The fact of the matter is considered to be a violation.


Article 16

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  • (1) In appropriate cases, the court may fix the damages as a lump sum.

  • 2 In addition to damages, the rightholder may, as referred to in the Articles 2 , 6 , 7a and 8 In order to ensure that the person who has infringed his right is ordered to pay the profits suffered as a result of the infringement, and to take account of it and to be accountable.

  • 3 The rightholder may make the claims referred to in paragraph 2 or one of them also on behalf of or on behalf of a licensee, without prejudice to the jurisdiction of the latter in an act or not on his behalf or on his behalf by the rightholder. (b) to obtain a direct compensation for the damage suffered by the defendant or to assign a proportionate share of the profits to be paid by the defendant. The claims referred to in paragraph 2, or one of them, may only be established by a licensee if he has agreed to the power to do so.


Article 17

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  • 1 The rights referred to in the Articles 2 , 6 , 7a and 8 , the power to require, or to release, recordings or reproductions thereof, which are brought into circulation and not lawful or reproductions, as their own property, or reproductions thereof, shall be destroyed (i) progress to be made on its deactivation. Equality of competence shall exist in respect of movable assets which are not registered goods and which have served directly in the manufacture of the recordings or reproductions referred to in the first sentence. Jurisdiction to opeising also applies to funds likely to have been obtained by, or as a result of, infringement of one of the Articles 2 , 6 , 7a and 8 rights. In order to proceed to destruction or deactivation, the beneficiary may claim the issue of these cases.

  • 2 The provisions of the Law of Civil Procedure of the herd and the execution to issue movable property which are not registered goods shall apply. In the case of a combination of another herd, the person who has seized the herd shall be responsible for this article.

  • 3 Unless otherwise agreed, the licensee shall have the right to exercise the powers conferred upon it by the first member, in so far as it is intended to protect the rights of which the exercise is authorized.

  • 4. In the case of establishments, products and products, equal jurisdiction to apply, or to trade, destruction or deactivation and to issue in order to destroy or to be used for the purpose of destruction or to be used for the purpose of destruction or deactivation components as intended Article 19 and reproductions as referred to in Article 19a , which are not registered goods.

  • 5 The measures provided for in paragraphs 1 and 4 shall be carried out at the costs of the defendant, unless special reasons prevent it.

  • 6 The judge may, on the claim of the rightholder, Articles 2 , 6 , 7a and 8 Any person who has infringed his right to communicate to the person the information in respect of the origin and distribution channels of the goods or services infrinating the goods or services of the goods or services which have infringed the law and which are subject to such infringement. to provide it. Under the same conditions, this order may be given to a third party possessing or using, on a commercial scale, infringing goods, providing services on a commercial scale used in the infringement or by any of the those third parties are designated as being involved in the manufacture, manufacture or distribution of these goods or when they provide these services. This third party may be in the supply of information which would constitute evidence of participation in a breach of a right of intellectual property by him or by the other person in question. Article 165, third paragraph, Code of Civil Procedure persons referred to.

  • 7 In the assessment of the measures taken by the rightholder, intended for the purposes of Articles 2 , 6 , 7a and 8 The court shall take into account the necessary proportionality between the seriousness of the infringement and the measures advanced and the interests of third parties, whether the licensee may claim it, following the powers specified in paragraphs 1 and 4.


Article 18

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The Article 17, first paragraph This power cannot be exercised in respect of recordings or reproductions thereof, which are held by persons, which do not trade in similar cases and have acquired them solely for their own use, unless they themselves infringe have been made on the relevant duty.


Article 18a

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The judge may, in the case of the rightholder, be entitled to Articles 2 , 6 , 7a and 8 (b) order that the costs of the person who have infringed the law have taken appropriate measures to disseminate information on the ruling.


Article 19

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  • 1 The person, who shall circumvented any effective technical provisions, which knows or is reasonably aware of it, acts unlawfully.

  • 2 The person providing services or manufacturing, importing, distributing, renting, renting, advertising or for commercial purposes which provides:

    • (a) being offered, placed or placed on the market for the purpose of circumventing the protective operation of effective technical provisions; or

    • (b) have only a commercially limited purpose or use other than to circumvent the protective operation of effective technical provisions; or

    • (c) are specially designed, manufactured or modified for the purpose of enabling or facilitating the circumvention of the protective effect of effective technical provisions;

    Act unlawfully.

  • 3 In the case of a general measure of management, it is possible to establish that the executing artist, producer of phonograms, producer of films and broadcaster, or their transferors, or their transferors, commit to the user of a performance, recording of a performance, phonogram, film or program, or a reproduction thereof for purposes as defined in Article 10, parts e, f, g, i and k , and Article 11 provide the necessary means to benefit from those restrictions, provided that the user has legitimate access to the performance protected by the technical provision, including the recording of a performance, phonogram, film or program, or reproduction thereof. The provisions of the foregoing sentence shall not apply to performances, recordings of performances, phonograms, films or programmes, or reproductions thereof, which are made available to users on contractual terms in a manner which they individually chosen place and time. Article 17d of the Copyright Act shall apply mutatis mutandis.


Article 19a

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The person who intentionally and without being entitled to, without being entitled to, delete or change electronic information relating to the management of rights, or from recordings of performances, phonograms, films or programmes, or reproductions thereof, to any unauthorised person the information has been removed or in which any unauthorised modification, dissemination, transmission or otherwise disclosure of such information is disclosed, and knows whether it is reasonable to know that such information is such as to trigger to infringement of rights as referred to in the Articles 2 , 6 , 7a and 8 or to allow, facilitate or conceal such an infringement acts unlawfully.


Article 20

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  • 1 At the request of one or more organizations representing professional or professional bodies representing legal persons with full jurisdiction and whose aim is to protect the interests of those who are legal persons, the persons who, for professional or commercial purposes, sell, lease, distribute, deliver or otherwise put into circulation or enter, offer or stock up for such purposes, may provide that the Minister referred to above may any professional or company appointed by him are required to administer their records take a closer look at the way he is given.

  • 2 He who fails to fulfil the obligation laid down in the preceding paragraph shall be penalised by a fine of the second category. The fact of the matter is a violation.

Chapter 4. Provisions of criminal law

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Article 21

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Any person intentionally infrinating the rights referred to in the Articles 2 , 6 , 7 A and 8 of this law, shall be punished by imprisonment of a maximum of six months or a fine of the fourth category.


Article 22

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He, intentionally an object in which the rights are infringed as intended in the Articles 2 , 6 , 7a and 8 of this law include a recording of a performance, phonogram, first fixation of a film, or a recording of a program, or a reproduction thereof, is contained,

  • a. openly offering to spread;

  • b. having available for reproduction or distribution,

  • c. enters, execute, or execute; or

  • d. retained for profit-taking,

shall be punished by imprisonment of a maximum of one year or a fine of the fifth category.


Article 23

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He, that of committing the crimes as intended in the Articles 21 and 22 , making his or her appeal of these crimes as a business, shall be punished by imprisonment of a maximum of four years or of a fine of the fifth category.


Article 24

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He, which is an object of which he can reasonably suspect that it infrines the rights as intended in the Articles 2 , 6 , 7a and 8 of this law include a recording of a performance, phonogram, first fixation of a film, or a recording of a program, or a reproduction thereof, is contained,

  • a. openly offering to spread;

  • b. having available for reproduction or distribution,

  • c. enters, execute, or execute or

  • d. retained for profit-taking,

shall be fined with a fine of the third category.


Article 25

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He who intentionally makes any change in a performance, in its name or in the description of the performer, of any change, or in any other way, which might adversely affect the honour of the credit institution, whether it is a person of a kind used in the performance of the contract or in the name of the performer. whether the name of the executing artist or to his value in this capacity affects him, shall be punished by imprisonment of not more than six months or a fine of the fourth category.


Article 26

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The facts are punishable in the Articles 21 , 22 , 23 , 24 and 25 His crimes.


Article 27

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He who is in a written application or an indication of the Article 15, first paragraph , as a legal person, for the purpose of establishing it on the basis of Article 7 of this law, intentionally or incomplete, shall be subject to imprisonment of a maximum of three months or a fine of the third category. The fact of the matter is considered to be a violation.


Article 27a

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The person who is an indication, intended to Article 15 Ed The detention of a third category or a fine of three months or of the third category shall be subject to the imposition of an incorrect or incomplete communication intentionally or intentionally, intentionally or in any such declaration. The fact of the matter is considered to be a violation.


Article 28

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Investigating officials shall be empowered to enter any place for the purpose of detecting the offences which are punishable by this law and in order to confiscate the facts. If their access is refused, they shall provide them with the strong arm if they so need. They shall not enter into dwellings against the will of the occupant than on the presentation of a written special charge of, or in the presence of, a prosecutor or an auxiliary prosecutor of justice. It shall be drawn up by them within twenty-four hours of procedural verbal form.


Article 29

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Investigation officers may, at any time, seek access to offences under this law of all documents or other data media, of which access to the task of their duty is reasonably necessary, to those who are responsible for the performance of their duties. recording or reproduction of their profession or undertaking, or reproductions thereof, to which the Articles 2 , 6 , 7 A and 8 the rights referred to, reproduce, sell, deliver or otherwise put into circulation or import, carry out, carry out or hold it in stock or make public for those purposes.


Article 30

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  • 1 Recordings and reproduction of the records forfeited by the criminal court shall be destroyed; however, the judge may determine in the judgment that they will be issued to the rightholder if they so register for the Registry within one month. After the pronunciation has been made in force of res judiced.

  • 2 The issue is the property of the recordings and reproduction of the right to the rightholder. The court will be able to order that such issue be issued not for the benefit of the State in respect of certain remuneration to be paid by the rightholder.


Article 31 [ Exp. by 26-03-2008]

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Chapter 5. Application Criteria

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Article 32

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  • 1 The preceding Articles shall apply to the performer in the case of:

    • (a) he is a national of one of the Member States of the European Union or of a State which is a party to the Agreement on the European Economic Area of 2 May 1992 or has his habitual residence in the Netherlands or is a national of a State of a Member State. State party to the Treaty of Rome on the protection of performers, producers of phonograms and broadcasting organizations; or

    • (b) its implementation in the Netherlands or in a State party to the Treaty of Rome on the protection of performers, producers of phonograms and broadcasting organizations; or

    • c. its execution is included on a phonogram as referred to in the second paragraph of this Article; or

    • d. its execution, which is not included on a phonogram, has been made public through a programme of a broadcasting organization as referred to in paragraph 6 of this Article.

  • 2 The preceding Articles shall apply to the producers of phonograms where:

    • (a) he is a national of a legal person established under the law of one of the Member States of the European Union or of a State party to the Agreement on the European Economic Area of 2 May 1992 or in the Netherlands has a seat or habitual residence or is a national of or is a legal person established under the law of a State which is a party to that of the former member of the State of the European Union, A , the Treaty of Rome or the Convention for the protection of producers of phonograms against the unauthorised copying of their phonograms; or

    • b. taking place in the Netherlands or in a State which is a party to the entry in the first paragraph, A , the Treaty of Rome or the Convention for the protection of producers of phonograms against the unauthorised copying of their phonograms; or

    • c. The phonogram for the first time, or within 30 days of the first edition in another country, has been put into circulation in the Netherlands or in a State party to the entry into force of the first paragraph, A , the Treaty of Rome or the Convention for the protection of producers of phonograms against the unauthorised copying of their phonograms.

  • 3 The entry into circulation referred to in paragraph 2 shall be that where reproductions of a phonogram manufactured in a lawful way have been subject to the supply of copies thereof which are intended to meet the conditions laid down in the second paragraph of this Article. reasonable needs of the public.

  • 4 In respect of phonograms, the producer of which is a national of or is a legal person established under the law of a State which is a party to that of the first paragraph, A , the Treaty of Rome is Article 7 applicable only to the extent to which and for the duration for which the State provides protection in respect of phonograms of which the producer is Dutchman or has its registered office in the Netherlands.

  • 5 The right to an equitable remuneration, as referred to in Article 7 , does not apply to phonograms of which the producer is not a national of a legal person established under the law of a State which is a party to that of the Member State of the first paragraph, A , the Treaty of Rome.

  • 6 The preceding Articles shall apply to broadcasters in cases where:

    • (a) the head office of the broadcasting organization is located in one of the Member States of the European Union or in a State party to the Agreement on the European Economic Area of 2 May 1992 or in a State which is a party to the in the first paragraph, under A , Treaty of Rome; or

    • (b) the programme has been broadcast either in the Netherlands or in a State which is a party to the programme under the first paragraph of Article 6 (1). A , Treaty of Rome; or

  • 7 The provisions of the fourth and fifth paragraphs of this Article shall not apply to phonograms of which a producer is a national or a legal person established under the law of one of the Member States of the European Union or of a State which is a party is by the Agreement on the European Economic Area of 2 May 1992.

  • 8 The preceding Articles shall apply to the producer of the first fixations of films in the case of:

    • (a) he is a national of a legal person established under the law of one of the Member States of the European Union or of a State party to the Agreement on the European Economic Area of 2 May 1992 or in the Netherlands has a seat or habitual residence; or

    • b. the commitment was made in the Netherlands; or

    • c. The fixation for the first time, or within thirty days of the first edition in another country, has been put into circulation in the Netherlands.

    The third paragraph shall apply mutatis mutandis.


Article 32a

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  • 1 The preceding Articles shall apply to the transmission of a performance, phonogram, or programme or reproduction thereof by satellite, if in the Netherlands, under the control and responsibility of a broadcasting organization, the Program-bearing signals for reception have been entered by the public in an uninterrupted communication chain that runs to the satellite and back to earth. If the programme-bearing signals are transmitted in coded form, there is a broadcast, intended in the first sentence, if the means for decoding the broadcast by or with the consent of the broadcaster. Decision of the public.

  • 2 The preceding Articles shall also apply to the broadcasting referred to in the first paragraph where:

    • (a) the act referred to in paragraph 1 shall take place in a country which is not a member of the European Union or which is not party to the Agreement on the European Economic Area of 2 May 1992;

    • (b) the country in which the act referred to in paragraph 1 does not provide the level of protection provided for in Chapter II of that paragraph; Directive No 93 /83/EEC of the Council of the European Communities of 27 September 1993 on the coordination of certain provisions relating to copyright and related rights in the field of satellite broadcasting and cable retransmission ( PbEG L 248); and

    • c. either the programme-bearing signals are transmitted to the satellite from a ground station in the Netherlands, or a broadcasting organization in the Netherlands has its principal place of business, has ordered the transmission and is not being used made from a land station in a Member State of the European Union or in a State party to the Agreement on the European Economic Area of 2 May 1992.


Article 33

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In the case of performances, phonograms or programmes which have taken place before the date of entry into force of this Act, they have been produced on a substandard basis, the rights conferred by this Law shall apply to as far as the conduct of conduct takes place after the date of entry into force of this Act.


Article 33a

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  • 1 Performing artists who are nationals of a State other than a Member State of the European Union or a State party to the Agreement on the European Economic Area of 2 May 1992, which is not a Party to the Treaty of the European Union, Rome on the protection of performers, producers of phonograms and broadcasting organizations, and broadcasting organizations, whose head office is located in a state such as this, cannot appeal to the measures provided by this law. rights granted, where the duration of such rights has already expired under national law.

  • 2 The provisions of paragraph 1 shall also apply to:

    • (a) producers of phonograms who are nationals of a State other than a Member State of the European Union or a State party to the Agreement on the European Economic Area of 2 May 1992, which is not a Party to the Agreement on the European Economic Area of 2 May 1992, The Convention or the Convention for the protection of producers of phonograms against the unauthorised copying of their phonograms;

    • (b) producers of first fixation of films which are nationals of a State other than a Member State of the European Union or of a State party to the Agreement on the European Economic Area of 2 May 1992, the national of which Provides for a shorter term of protection than that provided for in this Directive. Article 12, fourth paragraph .


Article 34

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The foregoing articles of this law leave an appeal Article 162 of Book 6 of the Civil Code is without prejudice

Chapter 6. Transitional provision

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Article 35

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  • 1 The terms of protection provided for in this Act shall apply from the date of entry into force of this Article in respect of performances, phonograms, first fixations of films or programmes, which shall take place on 1 July 1995 in at least one Member State of the European Union or a State party to the Agreement on the European Economic Area of 2 May 1992 shall be protected by the national legislation in the field of neighbouring rights or which at that date comply with the provisions of protection criteria set out in the Directive of the Council of the European Communities of 19 November 1992, PbEG 1992, L 346/61, concerning rental right, lending right and certain rights related to copyright in the field of intellectual property.

  • 3 This law is without prejudice to any acts of operation which have been carried out lawfully before the entry into force of this Article and acquired rights before that date.

  • 4 He who with respect to a performance, phonogram, first fixation of a film or a programme, whose term of protection had expired before the entry into force of this Article, on which, with effect from the entry into force of this Article, this law has been subject to lawful operating transactions before 24 November 1993, it is empowered to continue these operating measures as from the entry into force of this Article.

Chapter 7. Final provisions

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Article 36

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This Law shall enter into force on a date to be determined by Royal Decree.


Article 37

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This law may be cited as the Law on neighbouring rights.

Burdens and orders that this law be in the State Sheet will be placed, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.

Issued in Gravenhage, 18 March 1993

Beatrix

The Minister of Justice,

E. M. H. Hirsch Ballin

The Minister for Welfare, Health and Culture,

D' Ancona

Published the first of April 1993

The Minister of Justice,

E. M. H. Hirsch Ballin