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A copyright license under Dutch law is permission to use a protected work while the copyright stays with the owner (Article 2(2) of the Dutch Copyright Act). Foreign businesses licensing content from a Dutch creator should have the license reviewed first: an exclusive license must be agreed in writing, and Dutch copyright contract law can protect the creator even when the contract is governed by foreign law.
This page is for businesses that take or grant a license to text, images, music, video, software or designs with a Dutch connection. For the basics of protection, see our overview of copyright law in the Netherlands. License contracts in general, including patents and trademarks, are covered on our page on the licence contract under Dutch law. All intellectual property topics are listed on our intellectual property law hub.
What is the difference between a copyright license and an assignment?
A license gives you permission to use the work; an assignment transfers the copyright itself. After a license, the owner can still enforce the copyright. After an assignment, you become the owner and can act against infringers yourself (Article 2(1) and (2) Dutch Copyright Act).
For an assignment, Dutch law requires more than a contract. The transfer itself takes place by a deed drawn up for that purpose (Article 2(3), last sentence, with reference to Article 3:95 of the Dutch Civil Code). An email exchange or an order confirmation is not enough.
| License | Assignment | |
|---|---|---|
| Who owns the copyright? | The licensor | The acquirer |
| Form | Written agreement required for an exclusive license; no form prescribed for a non-exclusive license | Written agreement plus a deed of transfer |
| Who enforces against infringers? | The owner; the licensee may act against infringing goods unless agreed otherwise, and may claim profits itself only if this was agreed | The new owner |
| Typical use | Distribution, publication or software use for a limited purpose, territory or term | Commissioned work that the client must be able to exploit freely |
What form does a Dutch copyright license need?
A non-exclusive license has no prescribed form under Article 2 of the Dutch Copyright Act. An exclusive license and an assignment must be agreed in writing (Article 2(3) Dutch Copyright Act). Before 2026, the Act already required a deed for an exclusive license.
Even where the law allows an oral license, a written contract is the most reliable way to prove the scope later. In a dispute, the licensee must show what was licensed. A purchase order that says “rights included” rarely answers the questions that matter: which use, which media, which territory and for how long.
Which rights are covered if the contract is vague?
Only the rights that the contract expressly mentions, or that necessarily follow from its nature and purpose. That rule applies when the creator, or an heir of the creator, assigns the copyright or grants an exclusive license (Article 2(3), second sentence).
For a foreign licensee, this is the main risk. A license “for the website” does not automatically cover print, social media advertising or use by group companies. List every form of use you need. The rule does not apply where the employer or a legal entity is regarded as the maker under Article 7 or Article 8 of the Act (Article 2(5)).
Does Dutch copyright contract law apply to a foreign license agreement?
Yes, if one of two conditions is met. The rules protecting creators apply regardless of the law chosen in the contract if, without that choice, Dutch law would govern the contract, or if the exploitation takes place wholly or mainly in the Netherlands (Article 25h(2) Dutch Copyright Act).
These rules in Chapter Ia of the Act apply to contracts in which the creator grants exploitation rights to a business (Article 25b(1)). They do not apply to makers within the meaning of Articles 7 and 8, such as an employer (Article 25b(3)), and the creator cannot waive them (Article 25h(1)). For a licensee, they mean:
- Fair remuneration. The creator is entitled to a fair fee, set in the contract (Article 25c(1)).
- Additional fee for new forms of use. If you exploit the work in a way unknown when the contract was signed, an additional fair fee is due (Article 25c(2)).
- Bestseller claim. The creator can ask the court for an additional fee if the agreed fee is disproportionate to the revenue from exploitation (Article 25d).
- Annual reporting. You must inform the creator at least once a year about the exploitation, the revenue and the remuneration due (Article 25ca(1)).
- Termination for non-use. If you do not exploit the work sufficiently, the creator can terminate the contract or end its exclusivity, after giving you a reasonable period in writing (Article 25e(1) and (3)).
- Unreasonably onerous clauses. A clause that is unreasonably onerous for the creator can be annulled (Article 25f(2)). If you reserved a right to terminate early, the creator has the same right (Article 25f(3)).
What should a copyright license agreement contain?
At a minimum: the work, the permitted uses, territory, term, exclusivity, fee and reporting, sublicensing, termination and the law and court that apply. Each point prevents a typical dispute about the scope of the license under Article 2(3) Dutch Copyright Act.
| Clause | What to settle | Why it matters under Dutch law |
|---|---|---|
| Scope of use | Media, formats, print runs, online channels, adaptation and translation | An exclusive license from the creator covers only what is expressly stated (Article 2(3)) |
| Territory and term | Countries or “worldwide”, start date, end date or notice period | Avoids a dispute about whether the license is perpetual |
| Exclusivity | Exclusive, sole or non-exclusive | An exclusive license must be in writing (Article 2(3)) |
| Fee and reporting | Lump sum or royalty, statements, audit right | Fair remuneration and annual reporting are mandatory towards a creator (Articles 25c and 25ca) |
| Sublicensing and group use | Whether affiliates, distributors or clients may use the work | A sublicensee can be asked for missing information (Article 25ca(2)) |
| Enforcement | Whether the licensee may claim damages or profits | The licensee can only do so if this right was stipulated (Article 27a(2)) |
| Termination | Grounds, notice, what happens to stock and existing copies | The creator’s right to terminate for non-use cannot be excluded (Articles 25e and 25h) |
| Law and forum | Governing law, competent court or arbitration | Chapter Ia may still apply despite a foreign choice of law (Article 25h(2)) |
If you are unsure whether the license matches your business plan, ask for a review before signing. Our Dutch licensing contracts attorney page explains how we review and negotiate licenses.
Can a licensee take action against infringers in the Netherlands?
Only to a limited extent. The owner can claim surrender of profits and an account, also on behalf of the licensee, and the licensee can join those proceedings to recover its own loss or a proportionate share of the profit. The licensee can bring the profit claim itself only if it stipulated that right from the owner (Article 27a(2) Dutch Copyright Act).
Unless agreed otherwise, a licensee may exercise the owner’s rights to claim infringing goods, have them destroyed or withdrawn from circulation, insofar as this protects the rights it is allowed to use (Article 28(6)). An exclusive licensee therefore needs a clear enforcement clause. How profit claims work is explained on our page on profit disgorgement under Dutch law.
How long can a copyright license run?
A license can never last longer than the copyright itself. For most works, copyright expires 70 years after the death of the creator, counted from 1 January of the following year (Article 37(1) Dutch Copyright Act).
Within that limit, the parties choose the term. Watch out for clauses on future works: a clause that claims the exploitation of a creator’s future works for an unreasonably long or insufficiently defined period can be annulled (Article 25f(1)). More on terms and calculation on our page on the duration of copyright protection in the Netherlands.
What do you do if a Dutch creator claims an extra fee or terminates the license?
Check first whether Chapter Ia applies to your contract. If the creator is an employee or the work counts as made by a company under Article 7 or 8, the protective rules do not apply (Article 25b(3) Dutch Copyright Act).
- Collect the documents. The signed contract, any purchase orders, the reporting you sent and your revenue figures for the work.
- Check the ground. Is the claim based on fair remuneration (Article 25c), disproportion with the revenue (Article 25d) or insufficient exploitation (Article 25e)?
- Check the procedure. Termination for non-use is only possible after the creator gave you a reasonable period in writing to exploit the work, unless exploitation is permanently impossible (Article 25e(3)).
- Respond in writing with your position and, if useful, a proposal. Adjusting the royalty can be an alternative to ending the license.
Practical example: a foreign publisher and a Dutch illustrator
Suppose a German publisher of children’s books hires a self-employed illustrator from Utrecht for a series. The contract says that the publisher acquires “all rights” for a fixed fee and is governed by German law. Five years later, the series is turned into an animated series and merchandise.
The illustrator claims an additional fee. Because the exploitation takes place mainly in the Netherlands, the Dutch rules on copyright contracts apply despite the German choice of law (Article 25h(2)). The publisher must also check whether “all rights” meets the requirement that the rights are expressly listed (Article 2(3)). The parties can settle such a claim with an additional royalty for the new forms of use.
When should you involve a Dutch lawyer?
Involve a Dutch lawyer before you sign an exclusive license or an assignment with a Dutch creator, when the license must cover new media or group companies, and as soon as a creator claims an extra fee or announces termination.
MAAK Advocaten in Amsterdam reviews and drafts copyright licenses for foreign and Dutch businesses, negotiates with creators and their representatives, and litigates in first instance and on appeal when a license dispute cannot be settled. Read more about our Dutch intellectual property lawyers or contact us with your draft contract.
Frequently asked questions about copyright licenses under Dutch law
Does a copyright license have to be in writing in the Netherlands?
An exclusive license and an assignment must be agreed in writing (Article 2(3) Dutch Copyright Act); before 2026, the Act already required a deed for an exclusive license. For a non-exclusive license, Article 2 prescribes no form, but a written contract is the only reliable way to prove what was licensed.
What is the difference between an exclusive and a non-exclusive license?
With an exclusive license, only the licensee may use the work in the agreed way, sometimes not even the owner. A non-exclusive license allows the owner to license others as well. Under Dutch law, an exclusive license requires a written agreement.
Can a Dutch creator claim more money after signing a license?
Yes, in some cases. The creator is entitled to fair remuneration, to an additional fee for new forms of exploitation and to an additional fee if the agreed fee is disproportionate to the revenue (Articles 25c and 25d Dutch Copyright Act). These rights cannot be waived.
Can we avoid Dutch copyright contract law by choosing foreign law?
Not always. Under Article 25h(2) of the Dutch Copyright Act, the rules protecting creators apply regardless of the chosen law if Dutch law would otherwise govern the contract, or if the work is exploited wholly or mainly in the Netherlands.
Can a licensee sue an infringer in the Netherlands?
A licensee can claim surrender of profits itself only if it stipulated that right from the owner, but it can join a claim of the owner to recover its own loss (Article 27a(2) Dutch Copyright Act). Unless agreed otherwise, it may exercise the owner’s rights regarding infringing goods to protect its own license (Article 28(6)).
Primary sources
Dutch statutes are only officially available in Dutch, on wetten.overheid.nl. The Benelux Convention on Intellectual Property (BCIP) is also published there in Dutch.
- Dutch Copyright Act (Auteurswet), text in force since 1 January 2026: Article 2, Article 7, Article 8, Article 25b, Article 25c, Article 25ca, Article 25d, Article 25e, Article 25f, Article 25h, Article 27a, Article 28, Article 37
