NETHERLANDS Law and Practice Contributed by: Radboud Ribbert and Wouter van Wengen, Greenberg Traurig, LLP
copyrighted material for parody, several factors are considered: • The essential characteristics of parody must be present, namely the imitation of an exist - ing work with noticeable differences, coupled with elements of humour or mockery. • There is no requirement for a parody itself to be a work protected under copyright law. • The parody does not need to be about the work it imitates or its creator. • There is no obligation to mention the source of the original work in the parody. Finally, a just balance must be struck between copyright and freedom of expression, based on the circumstances of the case. Public domain Works in the public domain are not protected by copyright. In the Netherlands, works may enter the public domain if the copyright has expired, if the author has explicitly waived their rights, or if the work was never eligible for copyright protection. Private copying Some jurisdictions allow for private copying of copyrighted material for personal use. In the Netherlands, there are provisions for private copying, and a private copying levy may be applied to certain media and devices. Quotation right The Dutch copyright law includes a provision for “quotation rights”, allowing the use of short excerpts from copyrighted works for purposes such as criticism or review, as long as proper attribution is given. Educational use There are exceptions for the use of copyrighted material in an educational context, allowing for
certain uses of copyrighted material for educa - tional purposes. Orphan works Orphan works are works whose copyright owner cannot be identified or located. Some jurisdic - tions have provisions that allow for the use of orphan works under certain conditions. Government works Works created by the Dutch government or pub - lic authorities may not be eligible for copyright protection or may have limited protection. Unlike the “fair use” doctrine found in some legal systems, Dutch and EU copyright laws operate under a closed list of exceptions. This means that factors allowing the use of copyrighted works without permission are narrowly defined by EU legislation and implemented by Dutch law. This approach provides clear guidelines but raises questions about the relationship between copyright restrictions and fundamental rights like free speech. Moving forward, case law will be key in defining the boundaries between copy - right protection and free expression. 9.3 Exhaustion A trade mark is exhausted when products con - taining the trade mark are first put on the market within the European Economic Area and with the consent of the trade mark owner, unless there are legitimate reasons to object to the use after exhaustion (for instance, when conditions of the products have changed or are impaired). The further selling of a copyright-protected work after the first sale on the market within the Euro - pean Economic Area and with the consent of the copyright holder will also lead to exhaustion of the copyright holder’s rights to that copy. This also applies to e-Books and software licences
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