PLR in Netherlands

netherlands

Since 1995 new legislation with regard to lending and rental right has been effective. The legislation is based upon the European Lending and Rental Rights Directive. The definitions of lending and rental are taken from the text of the Directive. The legislator has derogated from the absolute right of rights owners with regard to the lending of works. The lending of works is allowed if a payment of equitable remuneration is made to the rights owners involved. Stichting Leenrecht has been appointed by the Dutch Government as responsible organisation for the administration of the lending right system.

Stichting Leenrecht does not distribute payments to the individual rights owners involved. In the Netherlands almost all rights owners have established their own collective organisations to deal with collective copyright matters such as reprography, cable and satellite, private copying, etc. It is therefore agreed that Stichting Leenrecht will distribute the fees to these organisations, who will then distribute the fees to the individual rights owners. The distribution to foreign rights owners will in principal be done on the basis of reciprocal or unilateral contracts with sister organisations abroad.

PLR: key facts

Total loans 2010	131 million
Total sum collected 2011	€17.4 million
Source of funding	libraries
Categories of loans (eligible material)	books, magazines, audio, video, multimedia, works of art, musical scores
Eligible contributors	authors, illustrators, photographers, editors, translators, publishers, copyright holders

PLR topics in the Netherlands

E-Books - There is overall agreement that under current Dutch law, public lending right does not apply to e-books. For this reason, libraries cannot lend e-books without permission of right owners nor does Stichting Leenrecht have a mandate to collect for loans of e-books. Publishers and authors are reluctant to make e-books available for lending as they fear to lose control over the distribution of their work, as well as reduce sales. In the meantime, libraries and governments are putting on pressure to make sure public services keep up with technological developments. At the moment, the negotiations on the issue seem to have been put on-hold, with all parties awaiting further developments.

Extended loans - Principal discussions are going on concerning the treatment of the extension of (book) loans, as this is not laid down in law. The position of Stichting Leenrecht is that an extended loan should be considered a new loan and that therefore public lending rights are due. The libraries disagree with this position. Consequently, both parties have decided to bring this issue before a court of law.

Lending of art – Another principal discussion has come to an end. After fourteen years of discussions, it has been decided that, in accordance with the law, Stichting Leenrecht will also collect for the lending of works of art. The procedure is not yet decided upon.

(updated may 2012)