Copyrights Law in Aruba (Netherlands)
Here’s an overview of Copyright Law in Aruba (a constituent country within the Kingdom of the Netherlands):
Copyright Law in Aruba
Aruba has its own copyright legislation, influenced by Dutch law and aligned with international treaties.
1. Legal Framework
Primary Law: Copyright Ordinance (Auteursrechtverordening), originally enacted in 1994 and amended several times.
The law is influenced by Dutch copyright principles but adapted to Aruba’s local context.
Aruba is part of the Kingdom of the Netherlands and benefits from the Netherlands' participation in international treaties such as:
Berne Convention,
WIPO Copyright Treaty (WCT),
Rome Convention,
TRIPS Agreement.
2. Protected Works
Copyright protection applies to:
Literary works (books, articles, computer programs),
Musical compositions,
Artistic works (paintings, sculptures, photographs),
Audiovisual works,
Sound recordings and broadcasts,
Databases and other original creations fixed in a tangible form.
3. Rights Granted
Economic Rights: Reproduction, distribution, public performance, communication to the public, broadcasting, rental, and making available online.
Moral Rights: Right to be recognized as the author and to object to derogatory treatment or mutilation of the work.
4. Duration of Protection
Protection lasts for the life of the author plus 70 years after death.
For anonymous or pseudonymous works, protection lasts 70 years from publication.
Related rights (performers, producers of phonograms, broadcasters) generally have protection for 50 years.
5. Exceptions and Limitations
Includes exceptions for private use, quotation, education and research, library use, and persons with disabilities.
Exceptions aim to balance public interest and author rights, similar to EU standards.
6. Registration
Copyright protection is automatic upon creation.
There is no formal registration system in Aruba, but voluntary deposit may exist for evidence purposes.
7. Enforcement
Enforcement occurs through local courts.
Remedies include injunctions, damages, seizure of infringing materials, and criminal sanctions for serious violations.
8. International Treaties
Aruba benefits from the Kingdom of the Netherlands’ participation in international copyright treaties:
Berne Convention,
WIPO Treaties,
Rome Convention,
TRIPS Agreement.
Summary
| Aspect | Details |
|---|---|
| Law | Copyright Ordinance (Auteursrechtverordening) |
| Protected Works | Literary, musical, artistic, audiovisual |
| Duration | Life of author + 70 years |
| Rights | Economic and moral rights |
| Registration | Automatic, no formal registration |
| Enforcement | Civil and criminal remedies |
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