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Copyright in the Netherlands is governed by the Dutch Copyright Law (called Auteurswet), copyright (auteursrecht in Dutch) is the exclusive right of the author of a work of literature or artistic work to publish and copy such work.[1]
A work of literature or artistic work attracts copyright at its fixation. No formalities, such as copyright registration, are necessary to obtain all the exclusive rights that the Dutch copyright provides. The duration of a copyright is generally 70 years after the death of the author.[2] The term "work" includes many materials, such as books, brochures, films, photographs, musical works, works of visual art and geographical maps.[3] Furthermore, the Dutch Supreme Court has ruled that to be considered a work, it should have its own, original character with the personal imprint of the author (HR 4 January 1991, NJ 1991, 608(Van Dale/Romme)).[4] This threshold of originality has since been superseded by a decision of the European Court of Justice (C-5/08) and is now "The author's own intellectual Creation".
The exclusive right to publish a work includes amongst others the publication of a copy of (part of) the work, the public recitation thereof and to rent or lend (part of) the work to public institutions.[5] The exclusive right to duplicate a work includes amongst others the recording, the translation, the music arrangement and the adaptation for the screen of the work.[6]