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1. Member raising question and answering

United States of America
Netherlands

2. Category and subcategory

Copyright and Related Rights

3. Question

[Follow-up question] Does the reproduction right for phonograms under current Netherlands law include in its scope reproductions made from broadcasts, as well as the digital transmission of both temporary and permanent reproductions?

4. Answer

As to the first part of the question we confirm that the relevant parts of Article 6 of the Act on Neighbouring Rights read as follows: Article 6(1): "The producer of phonograms has the exclusive right to give permission for: "(...) "(c) the broadcasting or re-broadcasting or otherwise making public the phonogram produced by him or a reproduction thereof." The specific issue as to whether the right of reproduction also includes digital temporary reproduction is still open and under discussion at a national and international level.
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