General information about copyright for WUR staff and students.

Introduction 

In the Netherlands, copyright automatically applies to researchers who write a research report or publish an article, PhD candidates who write a dissertation, students who write a thesis or a paper or give a presentation, and teachers who reuse copyright protected materials in Brightspace. This knowledge article covers frequently asked copyright questions. 

What is copyright and what is protected?

According to Article 1 of the Dutch Copyright Act: “Copyright is the exclusive right of the author of a literary, scientific or artistic work or his successors in title to disclose the work to the public and to reproduce it, subject to the exceptions laid down by law”.

In other words, copyright gives the author the right to express, publish, display, distribute and copy his or her own work. These rights are called ‘exploitation rights’. The author also has moral rights.

Copyright applies to ‘works’. To be protected by copyright, a work needs to be original. That is, the work is the author’s own intellectual creation. Furthermore, the work needs to be expressed. An idea that you have not yet expressed is not protected by copyright. Article 10 of the Dutch Copyright Act gives several examples of a work. In general, everything that has a creative aspect in it can be considered copyright protected, such as a book, a blog post, a photograph, a talk, a journal article, software, an app, a chair, a building or a window decoration.

However, research data is not protected by Dutch copyright law. If the data is housed in a database, this database and the data in it is, in most cases, protected by ‘Database rights’. Database rights protect the creator of a database against retrieval or re-use of a substantial part of the database. The creator has to make a substantial investment in building the database to obtain protection. 

Who obtains the copyright?

A work’s author or creator is automatically granted copyright as soon as the work is expressed. An author does not need to register or apply for copyright. Copyright may also be owned by two or more people who co-create a work. Find out who owns copyright of (scholarly) output at WUR.

Copyright expires 70 years after the author’s death if the author has no successors or 70 years after the work was published by a publisher. If you want to use materials, you must check if the work is protected by copyright. When the copyright is expired, the work has entered the public domain.

What can I do with my copyright?

Copyright gives you as an author the right to express, publish, display, distribute and copy your work. These rights are called ‘exploitation rights’. Copyright law enables you to decide how and if others can use the work. For example, only the copyright owner can put a CC licence on a work.

Exploitation rights can be transferred to another party. This is the case when a chapter of a PhD thesis is published as a journal article. The contract that is signed during the publication process determines whether none, all or a part of the copyright will be transferred to the publisher.

According to Dutch copyright law, if you do not own a work’s copyright, you cannot use this material in your work. There are exceptions, such as the right to cite and reference or the right to use copyright protected material in education. If no exception applies, you should ask the owner for permission to use the work. The original author of a work also has moral rights.

What are moral rights?

In addition to exploitation rights, the copyright owner has moral rights. These rights cannot be transferred. Moral rights are closely linked to the creator and give them the right to be attributed. As such, you must always acknowledge your sources by correctly citing and referencing copyright protected materials. As the author of a work, moral rights also give you the right to lodge a formal complaint when others use or change your work without your permission.

How do I recognise copyright protected materials?

If you find something on the internet, such as on Wikipedia, through Google, or WUR Library Search, this does not automatically mean that this material is free to use. It may be protected by copyright. Copyright may be indicated by the symbol © or by the statement “all rights reserved”. However, these copyright indications are not in every work. Generally, you should consider that everything online has a creative aspect to it and is copyright protected, unless a work is in the public domain.

In some cases, the work is made available under an open licence. This licence often lists what you may do with the work. Works with, for example, awork with a Creative Commons (CC) licence is still copyright-protected but may be reproduced and made available under the CC licence terms.

What is the public domain?

A work enters the public domain when it is not protected by copyright because the author chose not to copyright it (e.g., by a CC0 licence) or because the work’s copyright has expired and the work is now in the public domain. A work in the public domain can be used, reproduced, modified and made publicly available without permission of the original creator. However, you still need to acknowledge your sources by correctly citing and referencing them. Moreover, journal articles that are published open access are not automatically part of the public domain. Works with, for example, a CC licence other than CC0 are still copyright protected but may be reproduced and made available under the CC licence terms.

In the Netherlands, laws, decrees, judicial and administrative decisions are free of copyright. A work owned and made publicly available by the Dutch government may be used without permission, unless stated otherwise in the publication.

Where can I find information on patents and other intellectual property rights?

Copyright law is only one of the intellectual property rights. Intellectual property rights also cover patents. Patents protect new technological inventions. More information about patents, trademarks, model rights, read the knowledge article from the Knowledge Transfer Office.

Intellectual property rights also cover databases. Research data is not protected by Dutch copyright law, but if the data is housed in a database, this database and the data in it are, in most cases, protected by ‘Database rights’. Database rights protect the creator of a database against retrieval (also known as milking) or re-use of a substantial part of the database. The creator has to make a substantial investment in building the database to obtain protection.

What should I do if I receive a copyright infringement claim?

If you receive a cease and desist letter claiming that WUR has breached the copyright of someone outside WUR with the request to compensate for damages or pay a licence fee, contact the copyright information point as soon as possible. We will redirect you to the appropriate department/person.

Text and data mining: what is allowed under copyright law?

Text and data mining (TDM) is a research method that uses automated techniques to analyse large volumes of digital content, such as articles, books, datasets, and websites, to discover patterns, trends, and insights. Most of that content is protected by copyright and, as such, protected from (further) use by others. As TDM becomes increasingly important in academic research, it’s important to understand what is legally permitted under EU and Dutch copyright law.

What is allowed?

While the use of copyrighted material is usually not allowed, two key exceptions in the EU and Dutch copyright law do allow TDM without prior permission from copyright holders:

1. TDM for scientific research

This exception allows research organisations (such as WUR) and cultural heritage institutions to carry out TDM for scientific research. The following rules apply:

• The content must be accessed legally (e.g., through subscriptions or open access). 
• Copies made for TDM must be stored securely and may (only) be retained for verification or future research.
• Copyright holders have no right to refuse the use of their work (opt out) for scientific research. 
• Do not use the results from TDM based on scientific research for other (commercial) purposes later.

2. TDM for the general public

This broader exception permits anyone to perform TDM on lawfully accessed content, unless the copyright holder has explicitly opted out. The following rules apply:

• The content must be accessed legally (e.g., through subscriptions or open access). 
• Copies made for TDM must be deleted after you finish TDM.
• Copyright holders have the option to opt out. Opt-outs must be clearly stated, typically in machine-readable form (e.g., metadata or terms of use).  If a copyright holder has opted out, explicit permission must be obtained before mining the content.

What is not allowed?

• Mining content that has been accessed illegally or without proper authorisation.
• Using technical means to bypass access controls (e.g., a paywall).
• Ignoring opt-outs when you want to use TDM for any reason other than the purpose of scientific research. If a copyright holder has reserved their rights, TDM is not permitted without explicit permission.
• Using TDM results in ways that infringe on other rights, such as republishing large portions of copyrighted content or GDPR when personal data is involved.
• Skipping the citation requirements for the source material.
• Sharing the original content that you found during the TDM.

If you need help deciding whether TDM is allowed or not under copyright law or other questions regarding TDM, please contact copyright@wur.nl. 

More information

• Dutch Copyright Act (in Dutch)
• Wageningen Data Competence Center (WDCC)
• Open Policy Finder (formerly Sherpa/ROMEO)
• E learning module copyright 

Questions & support

Do you have copyright questions, or would you like personal support? Feel free to contact us. You can send an email to the Copyright Information Point.