Netherlands - Article 30

Copyright

Does your national copyright legislation contain exceptions and other special provisions for people with visual impairment?
Do these exceptions allow for making copy of a book without the publisher's permission?
Do these exceptions allow for scanning books (in particular is an individual with visual impairment allowed to scan a book for him/herself, or does a special organization have to do it?)
Do these exceptions allow for sharing books produced on accessible formats? (in particular is an individual with visual impairment allowed to share with friends books he/she scanned?)
Are there special copyright provisions regarding accessible text books and other educational material?

1. Does your national copyright legislation contain exceptions and other special provisions for people with visual impairment?

The government introduced a new copyright law which has been in force since September 2004. It is based on the European Copyright Directive.

In this new law an exception has been made for people with disabilities. It states that the (re)production and publication of materials exclusively for disabled people is not a violation of copyright law. Conditions are that this (re)production and publication:

  • relate to the disability
  • have no commercial purpose

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2. Do these exceptions allow for making copy of a book without the publisher's permission?

Article 15c

1. The lending as referred to in article 12, paragraph 1, sub 3., of the whole or part of a specimen of the work or a reproduction thereof brought into circulation by or with the consent of the rightholder shall not be deemed an infringement of copyright, provided the person doing or arranging the lending pays an equitable remuneration.

3. Libraries funded by the Libraries for the Blind and Visually Impaired Fund are exempt from payment of a remuneration as referred to in paragraph 1 in respect of items lent to blind and visually impaired persons registered with the libraries in question.

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3. Do these exceptions allow for scanning books (in particular is an individual with visual impairment allowed to scan a book for him/herself, or does a special organization have to do it?)

There is no restriction on who can make accessible copies of books.

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4. Do these exceptions allow for sharing books produced on accessible formats? (in particular is an individual with visual impairment allowed to share with friends books he/she scanned?)

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5. Are there special copyright provisions regarding accessible text books and other educational material?

Yes, accessible educational material is exempt from a license fee.

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