Researchers who publish an article automatically fall under copyright law. This page contains the following information about copyright law:
- The Copyright Act
- Producer rights
- Transfer of copyright
- Retaining copyrights
- Frequently asked questions
The Copyright Act
Copyright is the exclusive right of the creator of a work of literature, science or art to publish and make copies of this work. The right is conferred automatically when the producer creates the work. Authors need not apply for anything or register anywhere (Article 1 of the Copyright Act; in Dutch ).
The producer of a work is the person who realizes the mental creation. The producer is almost always the copyright holder. (The Copyright Act has a number of provisions and derogations from the main rule, see Article 7, Copyright Act; in Dutch ). General practice regarding academic research at Dutch universities is different, however; not the university, i.e. the employer, but the researcher is designated as the producer.
Transfer of copyright
If the producer is a private person, copyrights are valid until 70 years after his/her death; the rights then pass to the heir(s). If the producer is an institution, copyrights are valid until 70 years after the initial publication of the work.
Article 2 of the Copyright Act stipulates that a full or partial transfer of copyright can only be done in writing. The transfer covers only those rights explicitly mentioned in the agreement or necessarily ensuing from the nature or purport of that agreement.
A license can achieve the same result as a transfer. A license is nothing other than the copyright holder giving permission to a third party to perform certain activities falling under copyright law. Contrary to a transfer procedure, producers retain their copyrights when licensing.
The Dutch universities have developed a model contract that allows authors to keep their copyrights.
|Last modified:||20 September 2017 12.02 p.m.|