Copyright
Copyright protects works of literature, science or art. For example, books, films, paintings, music, games, photographs and software. Copyright in the Netherlands is regulated by the Dutch Copyright Law (Auteurswet - Dutch only). The right arises automatically. So it does not have to be applied for or registered. Therefore, if someone makes a drawing at home at his desk, he automatically has copyright on it.
At Hanze, we have the Copyright Information Point (AIP). This team is there to properly inform, advise and support researchers, teachers and students at Hanze about copyright when reusing material, but also when self-publishing (open access).
A number of Research Information Specialists of Hanze Library, trained in copyright in an educational context, form the expert team of the AIP. For all questions regarding the reuse of materials and copyright in education and research, you can reach this team at aip@org.hanze.nl.
Copyright by law
Section 6 of the Copyright Act deals with works created under the direction and supervision of someone else. In principle, that person is then considered the creator because it is his creative achievement. For example, if students conduct surveys for a research conducted by a professorship, the college to which the professorship belongs is the rights holder. Under certain circumstances, a student may be the rightful owner of the research conducted for a professorship. Read more about this in the guideline (Dutch only).
Section 7 of the Copyright Act deals with situations in which someone does not carry out the creative work himself, but is still regarded as the creator. The person entitled is then the so-called "fictitious creator," who receives the copyright under the Copyright Act. This can be the employer. The idea behind this is that an employer should be free to dispose of the results of the work he pays for.
When a student does an internship, they are not employed by the internship institution and, in principle, the student is the copyright holder of the research done during the internship. Read more here.
A student may be employed by a university of applied sciences and have an employment contract according to the cao HBO. For universities of applied sciences, the employer copyright is elaborated in Article E-7 of the cao HBO. This article provides that the copyright on works created by the employee as part of his job belongs to the employer. For example, the copyright on sets of assignments made by teachers within the framework of their job belongs to the university of applied sciences where the teachers work. Employer and employee can make other agreements in this regard. Read more here.
As mentioned earlier, copyright protects the creator from unwanted use of his work by others. The creator is the only one who may disclose and copy the work. All or part of this copyright can be transferred to someone else. This can only be done validly if it is recorded in writing, for example in an agreement. Upon transfer, the new owner may copy and disclose the work.
However, the creator retains some rights even after the transfer of his copyright. These personal rights protect the link between the creator and his work. For example, the creator remains protected against serious impairment of the work and has a right to name attribution. This is laid down in Section 25(1) of the Copyright Law.
Related information
- Netherlands Enterprise Agency
Copyright protection concerns works of literature, science and art. Examples to which copyright protection applies include: texts, works of art, instructions for use, brochures, videos and other promotional materials, photographs, ornaments, drawings, scale models and constructions. - Richtsnoer IE voor medewerkers
A guideline (Dutch only) that provides more interpretation regarding intellectual property within the relationship between a university of applied sciences and those working for it, prepared by a working group consisting of lawyers from universities of applied sciences, under the direction of the Association of Universities of Applied Sciences. - Richtsnoer IE voor studentenThis guideline (Dutch only) provides an overview of the applicable Intellectual Property Law and the legal position of students and the university of applied sciences in it, prepared by a working group consisting of legal experts from universities of applied sciences and Centers for Entrepreneurship, led by the Association of Universities of Applied Sciences.
- Netwerk Auteursrechten Informatiepunten
Auteursrechten.nl is a central resource for reliable information about copyright in higher education and research. It offers legal information, practical tools and tips.