United States of America

Netherlands

Copyright and Related Rights

8. Please explain how the Netherlands’s law complies with TRIPS Articles 11 and 14, which require that the rightholders of computer programs and phonograms be granted the right to control the rental of their work. It does not appear that the Netherlands’s copyright and neighbouring rights laws grant a rental right in these works.

The Copyright Act and the Act on Neighbouring Rights were amended by Act of 21 December 1995 (Stb. 653) and by Act of 21 December 1995 (Stb. 641). Rental rights in, inter alia, computer programmes and phonograms, were then granted. The Articles 12, 12a, 15c to 15g, 35d and 45d of the Copyright Act and the Articles 2a, 6, 7a, 8, 11, 15a 15d, 17, 19, 20, 27a and 32 of the Act on Neighbouring Rights provide for these rights.