Tomorrow, the Dutch Parliament will discuss the proposed amendments to the Dutch Copyright Act and the Neighbouring Rights Act in a closed meeting. In June of this year, the government sent the legislative proposal to the Parliament for review. The proposed new rules will strengthen the position of performing artists and creative contributors to copyrighted works and will affect all music publishers, record labels and film and television producers. 

Besides new rules on contract law and dispute resolution, the most important amendments mentioned in the legislative proposal are:

• Creators and performing artists are allowed to dissolve the agreement with the operator of their rights prematurely. For example, when the production is not expoited: a non-use clause. Now, most of the times only the operator is allowed to prematurely dissolve an agreement. Furthermore, contract terms that prove to be unreasonable towards creative staff can be voidable under the new law.
  
  
• Individual creators are entitled to a fair compensation for the transfer of their rights or when they grant a license. This principle is also expressly introduced for people that have significantly contributed to film productions. Rights are no longer automatically concentrated around producers.
  
  
• The creator can claim a higher compensation for unexpected bestsellers. That is the case when, for example,  the pay agreed with authors and or performing artists is disproportionately low in comparison to the revenue generated by successful exploitation of a work.

Before the legislative proposal could enter into force, it requires approval of the Senate after it has been reviewed by the Parliament. Future Of Copyright will keep you posted about the progress of this legislative proposal.