Although one of the aims of the EU’s “Directive on the harmonisation of certain aspects of copyright and related rights in the information society” is to harmonise the relevant legislation, there remain major differences between the copyright systems of the various EU Member States (and other countries). When a contract is concluded, it is always necessary to state which system of law (i.e. that of which country) will apply. It is important to note this because it can affect the arrangements that are made.
Three examples of major differences in legislation.
1. The use of a work by an educational institution is subject to different legal provisions in the United States to those in the Netherlands. In the Netherlands, the Copyright Act states when and under what conditions material can be used in an educational context. In the United States, the principle of “fair use” applies. Whether that principle is relevant in a given case is determined on the basis of four criteria.
2. Continental countries emphasise the author’s personality rights, which they consider to be very important. That is not the case in the Anglo-Saxon world.
3. In the Netherlands, a distinction is made between personality rights and exploitation rights, as provided for in a number of sections of the Copyright Act. German law intertwines exploitation and personality rights. In Germany, copyright cannot be transferred but it is possible to grant a licence in respect of exploitation rights (Nutzungsrechten).