Appendixes. [166. 1-2.] House of Representatives. P. 1
Regulation of copyright on works of visual arts.
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[166. 2.]
BILL.
WE WILLIAM III, ETC.
All, who shall see or hear read, greetings! inform:
We have thus taken into consideration, that it is necessary to lay down provisions regulating copyright on works of visual arts for the Netherlands and the Dutch East Indies;
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 (consisting of both Chambers of Parliament), as We hereby approve and decree:
Par. 1.
Concept and scope of copyright on works of visual arts.
Art. 1.
The right to copy, imitate, portray and multiply, or have others do so, a work of visual arts, either in whole or in part, in the original dimensions, or on a larger or smaller scale, be it by means of the same or a different visual art, or by way of mechanics, belongs exclusively to the original maker of the artwork and his assignees.
This provision does not apply to works of architecture, except to architectural drawings and models.
Art. 2.
The original maker will be taken to be:
a. publishers and other persons undertaking collections of works of visual arts referred to in Article 1, formed by contributions from several artists;
b. public institutions, unions, foundations, and companies, in relation to the works of art published under their responsibility;
For works referred to in a, each co-worker also retains the copyright to the contribution made by him separately, insofar as not otherwise stipulated.
With respect to the rights owners reported under a and b of this article, the second subsection of Art. 9 does not apply.
Art. 3
Not taken to be imitation:
a. the free imitation of another's artwork to the creation of a new artwork.
b. the making of a copy of a work of visual arts for personal study, provided that this happens without any direct or indirect objective of pursuit of profit.
Nevertheless, it is prohibited to counterfeit the name or any other customary sign of the original maker of the artwork in any way on the copy, unless beside it be noted clearly legibly that the piece is a copy;
c. to place engraving or other representations of artworks in a printed work of, purely to the illustration of the text; and
d. the making of representations of public monuments.
Art. 4.
He, who lawfully copies a work of visual arts made by another, but through another visual art or by a mechanical process, has the right, granted to the original maker of an artwork in Art. 1, on the imitation, whether there exists an exclusive right, as referred to in article 1, on the original artwork, or not.
Art. 5.
Copyright on a work of visual arts is taken to be intangible movable property.
It is subject to full transfer, as well as a restricted transfer with respect to one or more art forms; it passes down in full by inheritance.
It is not subject to seizure.
Art. 6.
The supplying of an artwork, of which the copyright is reserved according to Par. 2 of this Act, shall not be construed as the acquisition of ownership of copyright for the possessor, who is not the original maker, unless he can prove by an authentic or recognized private document to have obtained copyright from the original maker or his assignee with the supply of the artwork.
In case the original maker or his assignee has agreed not to make or have made a copy, imitation or representation of an artwork of which he owns the copyright, this agreement applies as a law between the parties, but does not revoke the copyright with respect to third parties.
The possessor of an artwork, who has not obtained copyright, can however not be forced to allow that someone will make copies, imitations or representations of the artwork in his residence, warehouse, or art collection, unless is agreed on the contrary.
Par. 2
Conditions for the exercising of copyright on works of visual arts.
Art. 7
Copyright on works of visual arts is revoked, if the original maker or his assignee does not submit to the Home Office, before or no later than thirty days after the artwork is supplied or exhibited or has been publicly offered for selling or viewing, a written description of the artwork undersigned by him or someone authorized by authentic act, according to a model to be determined by Us. If the artwork exist in pictures, casts, engravings, photographs or other multiplied representations, a copy is submitted with the description.
Art. 8.
The Home Secretary gives the submitter a receipt bearing the date.
Of these proofs a duplicate is kept by the Department in a register that is open to public inspection and from which an extract or copy can be obtained for a fee.
The submitted copies of artworks may be placed in State collection, provided that