Dutch Copyright Contracts Bill: Secretary Teeven drops non-transferability and five year termination right provisions

Dutch State Secretary Fred Teeven (Liberal Party) recently indicated some of his plans for the Copyright Contracts Bill during a speech at the Freelancers Day of the Dutch Association of Journalists (NVJ). Interestingly, Teeven will remove both a non-transferability and a five year termination right provision -as proposed in the preliminary draft- from the actual Bill.  Teeven made the same statements in the Senate when the subject was discussed.

Teeven mentions that the two proposed measures are not feasible:

"Copyright contract law must strike a balance between the interests of creators and copyright holders. The preliminary draft by the previous government was a little too much in disadvantage of publishers and producers. These provisions also encountered many legal complications, as it seemed impossible in regard of the termination right to find a term of notice suitable to all branches. The proposal goes too far, also in the opinion of the Copyright Commission. "

That however does not mean that Teeven steps away from all ideas behind earlier preliminary drafts:

"I see a good alternative in an enhanced non-usus right (legal right to revoke a granting of rights if the rights holder does not or no longer satisfactorily commercializes the work, MW). Reinforcing the non-usus right lies mainly within the rights holders’ duty to prove if he has made enough effort to put it to use. But perhaps these ideas have inspired members of the industry into providing for a termination right in a model contract between authors and publishers”, Teeven said. 

The NVJ sees some good points Teevens suggestions, but regrets that he has dropped the initial proposition for non-transferability of copyright.

Source: Netherlands Journalists Guild (NVJ)