Antoon A. Quaedvlieg
This chapter reviews the Dutch implementation, interpretation and application of Directive 2001/29/EC by both the legislator and the courts. It also explores the implications of the case law rendered by the European Court of Justice for Dutch copyright law and practice and its reception by the copyright community in the Netherlands. The chapter illustrates the liberal legislative approach to the implementation, striving at an open system of copyright with space for freedom of information. Particular aspects discussed are the non-implementation of the three-step test and its practical effects, the implementation of the temporary copies exception as a limitation rather than an exception, new or widened existing exceptions, the question of analogous application of exceptions and the implementation of Article 8(3) of the Directive, particularly in light of references from Dutch courts to the European Court. Finally, the chapter offers thoughts on the post-implementation of the Directive by the European Court.