Nederlands

The Copyright Act distinguishes between exploitation rights (Section 1 of the Copyright Act) and personality rights (Section 25 of the Copyright Act).

Exploitation right

Copyright gives the author the exclusive right to:
a) publish his work;
b) duplicate his work.
These rights are jointly referred to as the exploitation right.

Publication

The Copyright Act does not give an actual definition of what constitutes publication but Section 12 provides a list of examples of what it includes.
Briefly, one can say that the term “publication” means bringing the work to the attention of the public in some way or other.
This includes publishing it in printed form, lending it out, or presenting it in public. Publication also includes providing the work electronically, for example by making it available on a computer or in a network (open or closed).

Duplication

The Copyright Act does not give a definition of duplication either (duplication is dealt with in Sections 13 and 14 of the Act). Duplication includes producing copies containing the work, for example by having a publication printed, making an old-fashioned photocopy, scanning, or uploading documents. Adapting or translating are also types of duplication, as is storing a work in a computer memory.

Personality rights

Besides the right of exploitation, the Copyright Act also provides for “personality rights” (or “moral rights”). These are rights that are so closely associated with the person of the author that they cannot be transferred to another person. The author can, for example, oppose the publication of his work without his being credited or under another name. He can also protest against the name of the work being changed or against radical changes being made that may damage his good name.
Personality rights cannot be transferred, but the author can waive them. One exception, however, is the right to oppose any distortion, mutilation or other damage to the work that might harm the reputation or good name of the author or his merit in that capacity (Section 25(1)(d) of the Copyright Act).