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5 translated pages

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BULLETIN OF ACTS, ORDERS AND DECREES
OF THE KINGDOM OF THE NETHERLANDS

(No. 5.) ACT of 25th January 1817, providing the rights which can be exercised with regard to the printing and publication of literary and artistic works in the Netherlands.

We WILLIAM I, by the grace of God, King of the Netherlands, Prince of Orange-Nassau, Grand Duke of Luxembourg, etc., etc., etc.

All, who shall see or hear read this, greetings! inform:

We have thus taken into consideration, that the rights which can be exercised with regard to the printing and publication of literary and artistic works in this Kingdom ought to be provided on an equal footing;

So it is that We have approved and decreed, having heard the advice of the Council of State and in consultation with the States-General (both Chambers of Parliament), as We hereby approve and decree:

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(2)

Art. 1. The copyright or right to copying in print, is for original literary and artistic works, the exclusive right of those, who are Author thereof, and their assignees, to publish in print, sell or let sell their original literary and artistic works, in whole or in part, abridged or reduced, without distinction of form or framing, in one or more languages, with or without the assistance of engraving, or any other art in between.

The copyright of translations of an original literary work published outside this Kingdom is the exclusive right of translators and their assignees, to publish in print, sell or let sell their translations of mentioned literary work.

3. The copyright set out in the preceding articles will not last longer than twenty years after the death of the author or translator.

4. All infringement on aforesaid copyright, be it with a first publication of any book or artwork not yet printed, be it with reprinting of which was already in print, will be considered piracy, and be punished as such with seizure of all unsold copies of the piracy available, within this Kingdom, for the benefit of the owner of the original print, as well as with

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(3)

payment to the same owner of the value of 2000 copies of the pirated book or artwork, calculated according to the booksellers price of the lawful print, and this besides the payment of a fine, not exceeding a sum of NLG 1000 and no less than NLG 100, for the benefit of the common poor of the city of residence of the reproducers; the reproducers could additionally, in case of repeated offense, and according to circumstances, be declared unfit to practise the profession of book or art printer or seller in future; all without prejudice to the provisions and penalties which are, or may be, laid down by the general laws against forgery.
In the same manner as provided above, the import, distribution or selling of reprinted original literary and artistic works or translations from outside of the Kingdom, of which one in this country owns the copyright, will be punished.

5. Under the provisions of the preceding Articles shall not be included, the publishing in print, in whole or in part, of the Grecian, Roman auctores classici, at least in so much as regards the text itself; also bibles, wills, catechisms, psalm-, church- and school books; as well as all ordinary agendas and almanacs, nevertheless without, on account of this exception, any change being made in privileges or patents, which concerning the items in this article

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(4)

may already exist, and of which the term has not yet expired.
Moreover, one remains free and unencumbered to give notice to the public of the nature and value of literary and artistic works published in print in magazines, by means of abstracts and reviews.

6. To be able to claim the copyright described in art. 1 and 2, all literary and artistic works, published in print after the promulgation of this Act in the Netherlands, with every kind of publication, and at a first print as well as at reprinting of the same, have to comply with the following requirements, namely:

a. That the work be printed at a Dutch printing house;

b. That the work have a Dutch publisher, and his name be printed, either alone, or together with that of a foreign co-publisher on the title page, or in the absence of a title page, where it is most appropiate, with indication of his residence and the time of publication.

c. That of each work, before or simultaneously with the publication, will be deposited by the publisher, against receipt, three copies of which one is signed by himself on the title page, or, in the absence of a title page, on the cover, including the date and a written statement of a

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(5)

Dutch printer with his own name, residence and date, that the work is printed by him, with the Municipality of his residence, which will send immediately a thing or two to the Home Office.

7. Also subject to the provisions of this Act are all new publications, published after the same promulgation, or reprints of literary and artistic works published already prior to this.

8. All actions that may result from this Act, belong to the jurisdiction of the ordinary judge.

Order and command that this shall be entered in the Bulletin of Acts, Orders and Decrees, and that all Ministerial Departments and Authorities, Governing Bodies and Civil Servants will control its diligent implementation.

Enacted at Brussels, this 25th day of January of the year 1817, and the fourth of Our Reign.

(Signed) WILLIAM I.

In name of the King,

(Signed) A. R. Falck.


Translation by: Miluska Kooij