Estados Unidos de América
Países Bajos
Derecho de autor y derechos conexos
[Follow-up question] Please explain whether and how the literal texts of the exceptions in Articles 16, 16b and 17 of the Netherlands Copyright Law have been limited in application or operation.
As stated in the original answer, the limitations mentioned in Articles 16, 16b and 17 of the Netherlands Copyright Act are within the limit set by the Articles 10(2) and 9(2) of the Berne Convention and consequently comply with Article 13 TRIPS. The mentioned articles of the Netherlands Copyright Act have seldom been applied (see for example: Supreme Court Decision of 22 June 1990, published in NJ 1991, 268; District Court of Amsterdam, Decision of 31 January 1980, published in Autersrecht 1980/2; District Court of Alphen aan de Rhijn Decision of 16 April 1985, published in AN I, 1987/2; Superior Court of Amsterdam, Decision of 20 November 1980, published in Autersrecht 1981/3). (b)Articles 16b and following, and 17 of the Copyright Act provide for the right of reproduction of written works and for the exception for private use. The exception for private use falls within the scope of Article 9(2) of the Berne Convention, which provides that exceptions to the right of reproduction are, again, a matter for national legislation, provided the reproduction does not conflict with the normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the rightholder. The exceptions for private use which are granted in Articles 16b and 17 of the Copyright Act are not broader than those granted in other legislations. They are within the limits which are set by Article 9(2) of the Berne Convention and Article 13 TRIPS. (c)Article 17a of the Copyright Act provides that, in the general interest, a legal licence may be granted with respect to the publication of a work by means of radio or television broadcasting or the distribution by wire or otherwise and with respect to the production of phonograms. Article 17a is based on Articles 11bis(2) and 13 of the Berne Convention, which leave this matter to national legislation. Article 17a does not differ from similar provisions in other laws. Article 17a dates back till 1931, when it was included on behalf of radio broadcasting and the distribution by wire. The provision has never been applied.