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  • From: Paul Keller <pk AT kl.nl>
  • To: CC Europe <cc-europe AT lists.ibiblio.org>
  • Subject: Re: [CC-Europe] Action appreciated: Status of implementation of EU Collecting Societes Directive
  • Date: Wed, 9 Mar 2016 14:45:57 +0100

Hi John,
in NL the directive has not been implemented yet. There is however a draft
law that to modify the existing law on the supervision of collecting
societies that contains the clauses that will implement the directive. Laws
that simply implement EU directives generally go through parliament without
much discussion so it is safe to assume that the text of the draft law will
be identical to the adopted law. The 2nd chamber of parliament is scheduled
to vote on this in mid april, after with it will take between a few more days
and a few more weeks for the first chamber to vote on the law.

The dutch have chosen for a fairly literal implementation of art 5(3) of the
directive.

> Rightholders shall have the right to grant licences for non-commercial
> uses of any rights, categories of rights or types of works and other
> subject-matter that they may choose.


has become

> Rechthebbenden kunnen licenties verlenen voor niet-commercieel gebruik van
> rechten op grond van in de Auteurswet en de Wet op de naburige rechten
> beschermd materiaal.


which translates to (translation mine, not that the use of language is fairly
convoluted so it is a bit hard to translate)

> Rightsholders can grant licenses for non-commercial uses of rights in works
> and other subject matter protected by the copyright act and the neighboring
> rights act.

With regards to the collecting societies we have not checked yet, but
Buma-Stemra is of course already allowing its members to use the NC CC
licenses.
cheers, paul



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