NETHERLANDS Law and Practice Contributed by: Radboud Ribbert and Wouter van Wengen, Greenberg Traurig, LLP
by AI. Ultimately, this subject will likely be crys - talised by CJEU case law. An author can claim authorship pseudonymous - ly, but not anonymously. As further explained below, copyright-protected works cannot be registered. Therefore, in practice, the only rea - son to claim a copyright is to halt infringers. In order to do so, the burden of proof is on the author to prove they hold the copyright. This is impossible when the author is anonymous. As to joint authorship, there are two situations in which this can arise: • two or more parties co-create a work with a divisible share in the work; or • the share in the work cannot be divided. In the first scenario, each party may fully exploit their rights in their own share but need per - mission to exploit the work as a whole. In the second scenario, parties will always need each other’s permission in order to exploit the rights in the work. 3.4 Copyright Rights The copyright owner holds the rights to repro - duce the work and to communicate it to the pub - lic. These rights are outlined both by the Infosoc Directive and the Dutch Copyright Act. The Netherlands recognises moral rights within copyrighted works. The moral rights granted under the Dutch Copyright Act include: • the right to oppose publication of the work without mention of his/her name or other designation as maker, unless the opposition would be contrary to reason; • the right to oppose the publication of the work under a name other than his/her own,
as well as the making of any alteration in the name of the work or in the indication of the maker, insofar as these appear on or in the work, or have been made public in connec - tion therewith; • the right to oppose any other change to the work, unless this change is of such a nature that opposition would be contrary to reasona - bleness; and • the right to oppose any deformation, mutila - tion, or other impairment of the work, which could be detrimental to the honour or name of the author or to his/her value in this capacity. These moral rights are generally inalienable, meaning they cannot be transferred to others. However, the right of withdrawal may be waived in certain circumstances. Synchronisation rights are not recognised by statute, but are granted value in practice, for instance, through exploitation agreements between music creators and publicists. 3.5 Term of Protection and Termination The right stemming from the act of authorship grants a lifelong entitlement, extending to 70 years posthumously. This applies to all copy - right-protected works. The owner’s rights in the copyright-protected work are not tied to a registration. Therefore, the only way for an owner to lose such rights is by transferring, assigning or licensing away their rights. 3.6 Collective Rights Management Systems Article 30a of the Dutch Copyright Act holds that the Dutch Minister of Justice may appoint a col - lective rights organisation to mediate between music authors and publishing companies or
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