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Since June 7, 2021, new copyright rules apply in the Netherlands due to the transposition of the European DSM Directive. The main consequences are: a new exception for text and data mining, better protection and a transparency obligation for creators, more protection for press publishers, and greater responsibility for tech platforms, which must arrange prior permission for uploaded works.
The DSM (Digital Single Market) Directive has been transposed into Dutch legislation as literally as possible. The directive has three objectives: to reduce the differences between European countries, to better align copyright with the digital world, and to improve access to digital publications. The old copyright dated from before the rise of internet platforms.
New exception for text and data mining
Under copyright law, protected work may not be used without permission, with a few exceptions (such as quoting or parodying). An exception has now been added for text and data mining: the automated searching of databases and texts to find trends, connections, and patterns. Previously, you needed permission for this, but not anymore. This simplifies the processing of large amounts of information — important for artificial intelligence, but also for, for example, vaccine and drug development.
Better protection for makers
Creators often license or transfer their work, after which they lose control over it and find it difficult to verify where it is being used lawfully. A new transparency obligation is intended to improve this. Press publishers will also receive more protection: their publications may not simply be used on digital news services without permission, making compensation logical.
More responsibility for tech platforms
The biggest consequences affect platform providers, such as large social media and video platforms. They must obtain prior permission (a license) from creators before works are published. Because a platform does not know what users upload, in practice this means that content must be filtered for copyright protection. This involves a best-efforts obligation, not a results obligation: the platform must make every effort to prevent unlawful content and intervene immediately upon a report.
Critics fear that this resembles censorship. However, upload filters have long been used for, for example, hateful content and nudity; the fact that they now also cover copyrighted material is a logical extension in that light.
Frequently Asked Questions
What changes for my company due to the DSM Directive?
Including a new exception for text and data mining, a transparency obligation towards creators, a stronger position for press publishers, and stricter obligations for platforms to obtain prior consent.
Am I allowed to freely mine texts and data now?
There is an exception that facilitates text and data mining, but conditions apply (for example, regarding lawful access and any reservation by rights holders). Have your use reviewed.
What does this mean for platforms with user-generated content?
They must make an effort to obtain prior consent and block unlawful content, and intervene immediately after a report. This requires policies and filters.
Questions about the new copyright?
The copyright specialists at MKB Juristen explain the practical implications to you and help you get started. Contact us for more information.
