The “Wet versterkingen Auteurscontractenrecht” came into force on 1 January 2026. This has resulted in amendments to various sections of the Copyright Act.
Here is a brief summary of the most important changes.
Requirement for the document to be in writing rather than a requirement for a deed - Article 2(3)
Previously, the requirement for a deed applied to the granting of an exclusive licence and to the transfer of copyright. A deed is a signed document intended to serve as evidence. The requirement for a deed has been replaced by the requirement for a written document.
For the transfer of copyright, a transfer by virtue of a valid title is required. The transfer of copyright takes place by means of a deed drawn up for that purpose. This requirement for a deed remains unaffected.
Termination rather than dissolution – Article 25e
A stricter test applied to termination on grounds of non-use than that provided for under the DSM Directive. Article 22 of the DSM Directive harmonises the revocation of copyright by the creator on grounds of non-use.
Compulsory membership of the disputes committee – Article 25g
In order to lower the threshold for dispute resolution, the Copyright Contracts Act provides for the possibility of appointing a dispute resolution committee. It has become apparent that the expectations placed on this provision have not yet been fulfilled. Operators financed by public funds may be obliged to join a dispute resolution committee. This possibility only arises if these operators do not join voluntarily.
Remuneration through collective bargaining – Article 25h(1)
An association of creators and an operator, or an association of operators, may collectively negotiate the detailed terms of the rights and obligations arising from the provisions of copyright contract law. Any remuneration agreed following collective negotiations is presumed to be fair.