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Bill on the regulation of copyright on works of visual arts, The Hague (1884)
Source: Tweede Kamer 1883-1884, nummer 166 (Regeling van het auteursrecht op werken der beeldende kunsten), no. 1 (Koninklijke Boodschap), 2 (Ontwerp van Wet) & 3 (Memorie van Toelichting), www.statengeneraaldigitaal.nl
Citation:
Bill on the regulation of copyright on works of visual arts, The Hague (1884), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
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Chapter 1 Page 1
Appendixes. [166. 1-2.] House of Representatives. P. 1
Regulation of copyright on works of visual arts.
[...]
[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
Chapter 1 Page 2
2 [166. 2.]
Regulation of copyright on works of visual arts.
it is equipped with a label, indicating that thereon has been obtained copyright on the indicated date.
A monthly report of the submitted descriptions is entered in the Netherlands Government Gazette.
Par. 3
Duration of copyright on works of visual arts.
Art. 9.
Copyright of artworks expires at the end of 50 years, starting from the dated receipt, reported in art. 8.
If the maker survives this term and has not transferred his right to another, he retains copyright for life.
Art. 10.
For works of visual arts consisting of separate volumes or parts, the duration of copyright is calculated separately for each volume or part.
Art. 11.
The restricted copyright, consisting of the exclusive right to duplicate a representation of an original artwork by a specific visual art or by means of a specific mechanical process, referred to in art. 4, expires at the end of 10 years, starting from the receipt bearing the date, reported in art. 8.
Par. 4
Enforcement of copyright on works of visual arts.
Art. 12.
Without prejudice to the Civil Procedure, for the compensation of the damage resulting from any infringement of copyright, he who intentionally infringes another's copyright on a work of visual arts, referred to in art. 1 or 4, is fined no less than fifty cents and not exceeding five thousand guilders.
The copies obtained by means of the crime, as well as the plates, stones, moulds and other utensils and tools belonging to a guilty person, which have served to commit the crime, will be seized in favour of the State.
Art. 13.
He who sells, distributes or publicly offers for selling a work, of which he knows that it infringes another's copyright on a work of visual arts, referred to in art. 1 or 4, is fined no less than fifty cents and not exceeding two thousand guilders.
The copies obtained by means of, or the copies used for or present during the committing of the infringement will be seized for purposes of the State.
Art. 14.
The crimes, referred to in artt. 12 and 13, are not prosecuted unless complained of by he who they are committed against, including the buyer of the unlawfull copies.
Art. 15.
The copies, plates, stones, moulds, and other utensils and tools seized under art. 12 and 13 are handed over to he whose copyright has been infringed upon, or his assignees, if they report to the court registry for this purpose within fourteen days of the entry into force of the contested judgment. Failing such a reporting, the copies, plates, stones, moulds, and other utensils and tools are destroyed.
In case the judge has to rule on a civil action for damages, he shall take into account as much as possible the value of the copies delivered to the beneficiary.
Art. 16.
He, to whom belongs the copyright of a work of visual arts, referred to in art. 1 or 4, may seize and demand the release or destruction of copies made in violation of his exclusive right, even if those copies are permanently fixed to a moveable good, or by intention are understood as moveable good.
He who seizes has to compensate the damages caused, by the detaching of the copies, to the moveable good to which they were attached.
Seizure cannot be affected on individual copies, owned by persons who do not trade in these objects and have obtained them for personal use.
The art. 722 to 726 of the Code of Civil Procedure are applicable to this seizure.
Art. 17.
When lifting the seizure , he who has seized can be sentenced to payment of costs, damages, and interests.
Art. 18.
Violation of the prohibition, contained in art. 3b, second sentence, is fined no less than fifty cents and not exceeding one thousand guilders
Par. 5
Final Provisions
Art. 19.
This Act applies to works of visual arts made in the Netherlands or Dutch East Indies and to works of visual arts of artists residing in the Netherlands or Dutch East Indies.
Art. 20.
This Act is also binding on the Dutch East Indies. The description referred to in art. 7, and the copy also referred to in that article, in case they concern works of visual arts made in the Dutch East Indies or those of which the original makers reside in the Dutch East Indies, should be submitted to the Director of Education, Religion and Industry, who ensures that a report is published in the Javan Gazette, and on whom rest the further obligations assigned to the Home Secretary by art. 8 of this Act.
The Netherlands Government Gazette and the Javan Gazette reciprocally adopt the reports from each other as soon as possible.
In the case referred to in art. 16, for the Dutch East Indies, similar provisions apply to the regulations in force there, in accordance with the difference that exists between the legislation for Europeans and those taken to be such, and
for the natives and those taken to be such.
Art. 21.
This Act shall enter into force ...
Order and command that this Act shall be entered in the Bulletin of Acts, Orders and Decrees, and that all Ministerial Departments and Authorities, Governing Bodies and Civil Servants whom it may concern will control its diligent implementation.
Enacted at
Home Secretary,
Minister of Justice,
Secretary of State for the Colonies,
Translation by: Miluska Kooij
Source: Tweede Kamer 1883-1884, nummer 166 (Regeling van het auteursrecht op werken der beeldende kunsten), no. 1 (Koninklijke Boodschap), 2 (Ontwerp van Wet) & 3 (Memorie van Toelichting), www.statengeneraaldigitaal.nl
Citation:
Bill on the regulation of copyright on works of visual arts, The Hague (1884), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
Back | Record | Images | No Commentaries
Translation only | Transcription only | Show all | Bundled images as pdf
2 translated pages
Chapter 1 Page 1
Appendixes. [166. 1-2.] House of Representatives. P. 1
Regulation of copyright on works of visual arts.
[...]
[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
Chapter 1 Page 2
2 [166. 2.]
Regulation of copyright on works of visual arts.
it is equipped with a label, indicating that thereon has been obtained copyright on the indicated date.
A monthly report of the submitted descriptions is entered in the Netherlands Government Gazette.
Par. 3
Duration of copyright on works of visual arts.
Art. 9.
Copyright of artworks expires at the end of 50 years, starting from the dated receipt, reported in art. 8.
If the maker survives this term and has not transferred his right to another, he retains copyright for life.
Art. 10.
For works of visual arts consisting of separate volumes or parts, the duration of copyright is calculated separately for each volume or part.
Art. 11.
The restricted copyright, consisting of the exclusive right to duplicate a representation of an original artwork by a specific visual art or by means of a specific mechanical process, referred to in art. 4, expires at the end of 10 years, starting from the receipt bearing the date, reported in art. 8.
Par. 4
Enforcement of copyright on works of visual arts.
Art. 12.
Without prejudice to the Civil Procedure, for the compensation of the damage resulting from any infringement of copyright, he who intentionally infringes another's copyright on a work of visual arts, referred to in art. 1 or 4, is fined no less than fifty cents and not exceeding five thousand guilders.
The copies obtained by means of the crime, as well as the plates, stones, moulds and other utensils and tools belonging to a guilty person, which have served to commit the crime, will be seized in favour of the State.
Art. 13.
He who sells, distributes or publicly offers for selling a work, of which he knows that it infringes another's copyright on a work of visual arts, referred to in art. 1 or 4, is fined no less than fifty cents and not exceeding two thousand guilders.
The copies obtained by means of, or the copies used for or present during the committing of the infringement will be seized for purposes of the State.
Art. 14.
The crimes, referred to in artt. 12 and 13, are not prosecuted unless complained of by he who they are committed against, including the buyer of the unlawfull copies.
Art. 15.
The copies, plates, stones, moulds, and other utensils and tools seized under art. 12 and 13 are handed over to he whose copyright has been infringed upon, or his assignees, if they report to the court registry for this purpose within fourteen days of the entry into force of the contested judgment. Failing such a reporting, the copies, plates, stones, moulds, and other utensils and tools are destroyed.
In case the judge has to rule on a civil action for damages, he shall take into account as much as possible the value of the copies delivered to the beneficiary.
Art. 16.
He, to whom belongs the copyright of a work of visual arts, referred to in art. 1 or 4, may seize and demand the release or destruction of copies made in violation of his exclusive right, even if those copies are permanently fixed to a moveable good, or by intention are understood as moveable good.
He who seizes has to compensate the damages caused, by the detaching of the copies, to the moveable good to which they were attached.
Seizure cannot be affected on individual copies, owned by persons who do not trade in these objects and have obtained them for personal use.
The art. 722 to 726 of the Code of Civil Procedure are applicable to this seizure.
Art. 17.
When lifting the seizure , he who has seized can be sentenced to payment of costs, damages, and interests.
Art. 18.
Violation of the prohibition, contained in art. 3b, second sentence, is fined no less than fifty cents and not exceeding one thousand guilders
Par. 5
Final Provisions
Art. 19.
This Act applies to works of visual arts made in the Netherlands or Dutch East Indies and to works of visual arts of artists residing in the Netherlands or Dutch East Indies.
Art. 20.
This Act is also binding on the Dutch East Indies. The description referred to in art. 7, and the copy also referred to in that article, in case they concern works of visual arts made in the Dutch East Indies or those of which the original makers reside in the Dutch East Indies, should be submitted to the Director of Education, Religion and Industry, who ensures that a report is published in the Javan Gazette, and on whom rest the further obligations assigned to the Home Secretary by art. 8 of this Act.
The Netherlands Government Gazette and the Javan Gazette reciprocally adopt the reports from each other as soon as possible.
In the case referred to in art. 16, for the Dutch East Indies, similar provisions apply to the regulations in force there, in accordance with the difference that exists between the legislation for Europeans and those taken to be such, and
for the natives and those taken to be such.
Art. 21.
This Act shall enter into force ...
Order and command that this Act shall be entered in the Bulletin of Acts, Orders and Decrees, and that all Ministerial Departments and Authorities, Governing Bodies and Civil Servants whom it may concern will control its diligent implementation.
Enacted at
Home Secretary,
Minister of Justice,
Secretary of State for the Colonies,
Translation by: Miluska Kooij