The ITC Library offers ITC staff support for dealings with copyright as far as possible. For more information please contact Marga Koelen
The types of work and studies in which we in ITC are involved, whether in education, research or project/advisory services, often have implications in terms of copyright and intellectual property (moral) rights. These web pages provide information about copyright and moral right and guidelines on compliance with copyright and moral right in the context of our work and studies.
The guidelines are intended to be consistent with the law on copyright. However, they have no legal standing. In the event of a dispute, legal advice or recourse to a legal process would be required.
What is the gist of the Copyright Act?
Article 1 of the Copyright Act states that copyright is the exclusive right of the author of a literary, scientific or artistic work to communicate that work to the public and to reproduce it. No conditions are attached to the inception of the copyright. A work exists from the moment it is made. It is thus a question of an author and a work. The two concepts are inextricably linked: no work without an author, no author without a work. However, Article 1 does not deal with all rights; only the so-called exploitation rights are discussed. Moral rights are not discussed until Article 25.
When are you confronted with copyright?
You are confronted with copyright when writing, publishing and (re-)using any original work (e.g. an article, a book, a paper etc.).
What does copyright cover?
Who is the author?
What is a work?
ITC copyright policy: points of departure
- ITC policy is to observe the Copyright Act and the jurisprudence.
- ITC follows common practices in academic life.
The regulations are based on the Dutch Copyright Act and on the Collective Labour Agreement (CAO) of Dutch universities
Dutch Copyright Act 1912 - Article 1
Copyright is the exclusive right of the author of a literary, scientific or artistic work or his successors in title to communicate that work to the public and to reproduce it, subject to the limitations laid down by law.
Dutch Copyright Act 1912 - Article 25
Even after assignment of his copyright, the author of a work has the following rights:
- the right to oppose the communication to the public of the work without acknowledgement of his name or other indication as author, unless such opposition would be unreasonable;
- the right to oppose the communication to the public of the work under a name other than his own, and any alteration in the name of the work or the indication of the author, in so far as it appears on or in the work or has been communicated to the public in connection with the work;
- the right to oppose any other alteration of the work, unless the nature of the alteration is such that opposition would be unreasonable;
- the right to oppose any distortion, mutilation or other impairment of the work that could be prejudicial to the name or reputation of the author or to his dignity as such.