Selected year snapshot
For 2017, the active event in this file is Invoeringswet openbare lichamen Bonaire, Sint Eustatius en Saba / Auteurswet 1912 (as extended to BES).
60%
Current rationale
On 10 October 2010, the Netherlands Antilles was dissolved. Bonaire, Sint Eustatius and Saba became special municipalities ('openbare lichamen') of the Netherlands. Under the Invoeringswet openbare lichamen Bonaire, Sint Eustatius en Saba (IBES), Article 2 provides that legislation of the Netherlands applies in the BES islands insofar as it is specifically made applicable. Article 3 provides transitional rules: existing Netherlands Antilles legislation continues to apply until replaced by Dutch legislation made applicable to BES. For copyright, the Dutch Auteurswet 1912 was made applicable to BES through the Aanpassingswet openbare lichamen BES and related instruments. The Auteurswet 1912 contains: (1) Art. 16b — private copying: reproduction of a limited number of copies for own practice, study or use, restricted to private/personal purposes (LIGHT BLUE); (2) Art. 15a — library/institutional exception for lending and limited reproduction (PURPLE); (3) Art. 15i — quotation exception (RED); (4) Art. 16c — reprographic reproduction with remuneration. The most permissive research-relevant exception is Art. 16b (private copying for own study/use), which permits reproduction of full works but is limited to private/personal use by individuals. There is no general fair dealing or fair use clause. The non-commercial restriction and remuneration provisions are classification-neutral. I was unable to retrieve the exact verbatim text of Art. 16b as in force on 10-10-2010 via search, but the provision is well-established in Dutch copyright law. Classification: LIGHT BLUE based on private use exception covering full-work reproduction for personal study, but not sharing or institutional use.
Exceptions considered
Private copying — permits reproduction of a limited number of copies of a work for own practice, study or use, without direct or indirect commercial purpose. Covers full works (with some exclusions for whole books in certain readings). Restricted to private/personal use.
Library/archive exception — permits reproduction by libraries, archives, museums for preservation, replacement, or lending purposes. Institutional only.
Quotation exception — permits quotation from lawfully published works for purposes such as criticism, review, polemic. Limited to excerpts/quotations.
Educational exception — permits use for illustration for teaching. Limited to educational context.
Law changes
Auteursverordening 1913 (Copyright Ordinance of the Netherlands Antilles)
Baseline · Effective 1990-01-01
?
Relevant section: Art. 14, Art. 17
Dates: Effective 1990-01-01
Why this score
Before 10 October 2010, Bonaire, Sint Eustatius and Saba were part of the Netherlands Antilles. The copyright law in force was the Auteursverordening 1913 (Copyright Ordinance), which was the local adaptation of the Dutch Auteurswet 1912 for the Netherlands Antilles. This ordinance contained exceptions for quotation (Art. 14) and limited private use provisions (Art. 17), broadly modeled on the Dutch Auteurswet 1912. However, I was unable to retrieve and verify the actual verbatim statutory text of the Auteursverordening 1913 as in force on 1990-01-01 via web search. The text is not available on wetten.overheid.nl (which hosts only post-2010 BES legislation) or on WIPO Lex for BQ. Without the verified statutory text, I cannot confirm the exact scope of exceptions for research, private study, or reproduction. Classification is therefore AMBIGUOUS due to inability to verify the actual text, not due to inherent textual ambiguity.
Exceptions considered
Quotation exception — likely permitted quotation from published works for purposes including criticism and review, modeled on Dutch law
Private use exception — likely permitted limited reproduction for personal/private use, modeled on Dutch Auteurswet 1912 Art. 16b equivalent
Invoeringswet openbare lichamen Bonaire, Sint Eustatius en Saba / Auteurswet 1912 (as extended to BES)
Relevant update · Effective 2010-10-10
60%
Relevant section: Art. 2 and Art. 3 Invoeringswet BES; Art. 16b, Art. 16c, Art. 15a, Art. 15i Auteurswet 1912
Dates: Effective 2010-10-10 · Enacted 2010-09-17
Why this score
On 10 October 2010, the Netherlands Antilles was dissolved. Bonaire, Sint Eustatius and Saba became special municipalities ('openbare lichamen') of the Netherlands. Under the Invoeringswet openbare lichamen Bonaire, Sint Eustatius en Saba (IBES), Article 2 provides that legislation of the Netherlands applies in the BES islands insofar as it is specifically made applicable. Article 3 provides transitional rules: existing Netherlands Antilles legislation continues to apply until replaced by Dutch legislation made applicable to BES. For copyright, the Dutch Auteurswet 1912 was made applicable to BES through the Aanpassingswet openbare lichamen BES and related instruments. The Auteurswet 1912 contains: (1) Art. 16b — private copying: reproduction of a limited number of copies for own practice, study or use, restricted to private/personal purposes (LIGHT BLUE); (2) Art. 15a — library/institutional exception for lending and limited reproduction (PURPLE); (3) Art. 15i — quotation exception (RED); (4) Art. 16c — reprographic reproduction with remuneration. The most permissive research-relevant exception is Art. 16b (private copying for own study/use), which permits reproduction of full works but is limited to private/personal use by individuals. There is no general fair dealing or fair use clause. The non-commercial restriction and remuneration provisions are classification-neutral. I was unable to retrieve the exact verbatim text of Art. 16b as in force on 10-10-2010 via search, but the provision is well-established in Dutch copyright law. Classification: LIGHT BLUE based on private use exception covering full-work reproduction for personal study, but not sharing or institutional use.
Exceptions considered
Private copying — permits reproduction of a limited number of copies of a work for own practice, study or use, without direct or indirect commercial purpose. Covers full works (with some exclusions for whole books in certain readings). Restricted to private/personal use.
Library/archive exception — permits reproduction by libraries, archives, museums for preservation, replacement, or lending purposes. Institutional only.
Quotation exception — permits quotation from lawfully published works for purposes such as criticism, review, polemic. Limited to excerpts/quotations.
Educational exception — permits use for illustration for teaching. Limited to educational context.
Source links
Wet auteurscontractenrecht / Amendment to Auteurswet 1912 (Art. 15o — TDM exception)
Relevant update · Effective 2022-06-07
60%
Relevant section: Art. 15o Auteurswet 1912
Dates: Effective 2022-06-07 · Enacted 2022-06-01
Why this score
The Netherlands implemented the EU DSM Directive (2019/790) through amendments to the Auteurswet 1912, including the introduction of Art. 15o (text and data mining). However, the BES islands are not part of the European Union and EU directives do not automatically apply there. The Invoeringswet BES framework requires specific extension of Dutch legislation to BES. I was unable to verify via web search whether the DSM Directive transposition amendments to the Auteurswet 1912 were specifically made applicable to BES. The document from the Tweede Kamer listing legislation applicable to BES does not mention the DSM transposition act specifically. Therefore, the classification remains LIGHT BLUE based on the pre-existing Art. 16b private use exception, as I cannot confirm the TDM exception applies in BES. If Art. 15o does apply to BES, the classification could potentially be GREEN (as the Dutch TDM exception covers reproduction and extraction for any user for research purposes under Art. 15o(1), and for any purpose under Art. 15o(2) subject to opt-out). But without verification, I maintain LIGHT BLUE.
Exceptions considered
Private copying for own practice, study or use. Full works, private/personal use only, no sharing.
Library/archive reproduction exception. Institutional only.
TDM exception — permits reproduction for text and data mining for scientific research (para 1) and for any purpose (para 2, subject to opt-out). Covers reproduction and extraction. Any user for research; any user for general TDM. Applicability to BES unverified.
Quotation exception. Limited to excerpts.
Auteurswet 1912 (as applicable to Bonaire, Sint Eustatius and Saba)
Current law confirmation · Effective 2025-01-01
60%
Relevant section: Art. 16b Auteurswet 1912 (confirmed applicable); Art. 15o Auteurswet 1912 (applicability to BES unverified)
Dates: Effective 2025-01-01
Why this score
As of 2025, the copyright law applicable in Bonaire, Sint Eustatius and Saba is the Dutch Auteurswet 1912, made applicable through the Invoeringswet openbare lichamen BES framework. The Tweede Kamer overview document (2024D17308) confirms the Auteurswet 1912 has gelding (applicability) in BES. The most permissive verified research-relevant exception is Art. 16b (private copying for own practice, study or use), which permits reproduction of full works for private/personal purposes including study, but does not permit sharing or institutional use. This yields LIGHT BLUE. Art. 15a (library exception) yields PURPLE. Art. 15i (quotation) yields RED. The TDM exception (Art. 15o) would yield GREEN if applicable to BES, but I could not verify its extension to BES. The non-commercial restriction in Art. 16b is classification-neutral. The copy-number limitation is classification-neutral. No general fair use or fair dealing clause exists in Dutch copyright law. Classification: LIGHT BLUE, with the caveat that if Art. 15o is confirmed applicable to BES, the classification would be GREEN.
Exceptions considered
Private copying — reproduction of limited number of copies for own practice, study or use, no direct/indirect commercial purpose. Full works (with possible limitation on whole books). Private/personal use only.
Library/archive exception — reproduction by libraries, archives for preservation, replacement, lending. Institutional only.
Quotation exception — quotation from lawfully published works. Limited to excerpts.
Educational exception — use for illustration for teaching. Limited to educational context.
TDM exception — reproduction and extraction for text and data mining, for scientific research (para 1, any user with lawful access) and general purposes (para 2, subject to opt-out). Applicability to BES UNVERIFIED.