The author of a work is the person who has accomplished the intellectual creation (Article 4 Copyright Act). Usually the author is also the copyright holder, the one who holds the copyright. The Copyright Act includes three provisions in which, notwithstanding the basic rule, someone other than the actual author is designated copyright holder (legal author).
- If a work has been accomplished according to the draft and under the guidance and supervision of another person, this person shall be deemed the author of the work (Article 6 Copyright Act).
- Where labour carried out by an employee consists in making certain works, the employer shall be deemed the author thereof (Article 7 Copyright Act). However, the prevailing practice in the field of scientific research is different; in this case the researcher shall be deemed the author.
- A legal entity (for example, a private or public limited company) that communicates a work as its own to the public without naming any natural person as the author thereof shall be deemed the author (Article 8 Copyright Act).
The regulations are based on the Dutch Copyright Act and on the Collective Labour Agreement (CAO) of Dutch universities
Dutch Copyright Act 1912 - Article 4
- Unless there is proof to the contrary, the person who is named as author in or on the work or, where there is no such indication, the person who, when the work is communicated to the public, is named as the author by the party who communicates the work to the public, shall be deemed the author of the work.
- If the author is not named, the person who delivers a recitation which has not appeared in print shall be deemed the author thereof, unless there is proof to the contrary.
Dutch Copyright Act 1912 - Article 6
If a work has been made according to the draft and under the guidance and supervision of another person, that person shall be deemed the author of the work.
Dutch Copyright Act 1912 - Article 7
Where labour carried out by an employee consists in the making of certain literary, scientific or artistic works, the employer shall be deemed the author thereof, unless otherwise agreed between the parties.
Dutch Copyright Act 1912 - Article 8
A public institution, association, foundation or company which communicates a work to the public as its own, without naming any natural person as the author thereof, shall be regarded as the author of that work, unless it is proved that the communication to the public in such manner was unlawful.