RIDA 235 | 01-2013

Doctrine

Internet search results - a permissible quotation?

Martin SENFTLEBEN

Code : 235-D1
Keywords :
WIPO Treaties, abuse of a right, Fair use, Quotation, Criticism, Temporary (transient) reproduction, Three-step test, Expression (freedom of), Information, Search engine, Caching, Indexation, free, collaborative, WIPO, Open source, Germany, Spain, Netherlands, Berne (Convention de) , ECHR, Charter of Fundamental Rights of the EU

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1. The Development of the Right of Quotation in the Dutch Copyright Act

The scope of the quotation right in Dutch copyright law has gradually been broadened during the last decades. Until an amendment of the Dutch Copyright Act (DCA) in 1972, Article 16 DCA set forth a provision exempting the inclusion of short parts of previously published literary, scientific or artistic works, and short articles or poems, in anthologies and other works serving educational or scientific purposes, as well as in announcements and reviews in newspapers and journals.2 The use privilege required the indication of the title of the work from which material had been taken, and the author’s name. It covered the inclusion of protected material in translation.3

As a result of the 1972 amendment, Article 16 DCA was restructured. While subparagraph (a) of the amended provision dealt specifically with the inclusion of short parts of previously published works, or short articles or poems, in anthologies or other works evidently intended for educational or 5

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