Nope, it’s not the Ministry of Economic Affairs promoting business innovation and flexible copyright…it’s the JUSTICE department
Dutch Minister of Security and Justice presented the first part of the Copyright Commission’s advice ‘A flexible regulation for user-generated content‘
In the current Dutch copyright system, exceptions and limitations are meant to balance the interests of right holders and the public interest in regard of certain unauthorized uses of copyrighted works. However, according to the ‘Flexible Copyright’ study, not every situation fits well within the current set of limitations and exceptions. The current limitations and exceptions are too narrowly formulated to respond to new technologies, such as search engines, user-generated content, cloud computing, data mining, distance learning and transformative uses. This leads to court proceedings with different outcomes.
The study shows that flexibility to cope with these new situations could be obtained by creating a new, open norm in the copyright system. The norm would have to comply with the three-step test and would coexist with the current exhaustive list of limitations and exceptions in the Dutch Copyright Act. From a legal perspective, flexibility with specific evaluation criteria could be more satisfactory than an exhaustive list of exceptions, the study points out. An open norm would more likely facilitate ‘tomorrow’s inventions’.
An open norm would allow unlicensed use of some known uses of copyrighted work that currently require licensing. Thus, adding an open norm to the current copyright system could lead to some economic effects. However, the study says that it is unlikely that rewards for creators would be significantly affected.
Dutch Collecting Society BUMA/Stemra Criticizes Commissioner Kroes, also states that the Dutch Government is “laundering illegal content”