Policy for using copyright material

Purpose

This policy establishes guidelines for the ethical and legal use of copyrighted materials within Balean Foundation and S&B Solutions and Consultancy (hereafter “the Organizations”). It ensures compliance with Dutch copyright laws, including the Dutch Copyright Act (Auteurswet), and protects the Organizations and their employees from legal risks.

This policy also addresses the Dutch regulation requiring organizations to pay a fixed fee to Stichting Reprorecht to cover copyright claims for reprographic reproductions. Both Organizations opt out of this regulation by signing the Declaration of Non-Use (see Section 11).

Below some example cases on why this policy is important and if the material may be used or not:

To understand what material is protected under copyright law and what isn’t, below a few typical examples of material that many people often think is without copyright:

• ❌ “If it’s online, it’s free to use.” → False. Most online content is copyrighted, and Dutch law does not automatically allow use without permission.
• ❌ “Giving credit avoids copyright issues.” → False. Attribution ≠ permission (unless under an open license).
• ❌ “Non-profit use is always allowed.” → False. Non-profit use does not guarantee fair use (Redelijk Gebruik) under Dutch law.
• ❌ “Internal use is always permitted.” → False. Even internal copying may require permission unless it qualifies as fair use.
• ❌ “We’re covered by Stichting Reprorecht.” → False. Both Organizations have opted out via the Declaration of Non-Use and are fully liable for unauthorized use.
• ❌ “Changing 10% makes it original.” → False. Substantial similarity can still infringe copyright.
• ❌ “Playing music at an event is fine if it’s not for profit.” → False. Public performance of music or video always requires prior consent from the copyright holder or a collecting society (e.g., BUMA/STEMRA).
• ❌ “Using my personal Spotify subscription to listen to music at the office is fine, since I already paid for it.” → False. Listening to music on Spotify or an online radio is meant for personal use. Playing this in an office space for your colleagues is not allowed under such licenses.

Using copyright material

Under circumstances, it is allowed to use copyrighted material in documents, presentations or other circumstances. Always consult the full policy for exact details but here are some general guidelines on what is allowed and how to use it.

1. If material falls under fair use then you can use the material. See the checklist below.
2. If you download a paper from a protected website, agreeing to terms of use, you may not share that document with others.
3. When using graphics from the internet, always use material with an open license. See open license examples. You can search in duckduckgo using open licenses. Always document the source and author or copyright owner.
4. Graphics or other material that we paid for and are intended for commercial use can be used freely.
5. Pay extra attention when using material/images in public content. Consult a manager/director when in doubt.
6. Check the list of prohibited uses

Fair Use (Redelijk Gebruik) Checklist

Before using copyrighted material under fair use, ask:

1. Is the use transformative (e.g., adding new meaning, analysis, or context)?
2. Is the amount used minimal and necessary for the purpose?
3. Does the use harm the market for the original work (e.g., replacing a purchase)?
4. Is the material factual (e.g., news, research) or creative (e.g., art, music)? Factual works are more likely to qualify.
5. Is the use non-commercial? Commercial use is less likely to qualify.
6. Is the use justified by the purpose (e.g., education, criticism, research)?

✅ If all answers favor fair use, proceed with caution and document the source and your reasoning. See attribution and documentation for more information. ❌ If unsure, consult a manager or director before use. See section 7

Check the fair use policy for more information

Internal Policy: Copyright Material Usage

Applicable to: Balean Foundation and S&B Solutions and Consultancy
Jurisdiction: Netherlands

1. Scope

This policy applies to all employees, contractors, interns, volunteers, and third parties acting on behalf of Balean Foundation or S&B Solutions and Consultancy who create, use, or distribute copyrighted materials in any form, including but not limited to:

• Text (documents, articles, books, reports)
• Images (photographs, illustrations, graphics, charts)
• Audio (music, podcasts, sound recordings)
• Video (films, animations, recordings)
• Software (applications, code, scripts)
• Other digital or physical content

2. Definitions

• Copyright: Legal protection granted to the creator of original works under the Dutch Copyright Act (Auteurswet), providing exclusive rights to use, distribute, and reproduce the work.
• Fair Use (Redelijk Gebruik): Limited exceptions under Dutch law (Articles 15-17 Auteurswet) that allow use of copyrighted material without permission for purposes such as quotation, education, research, or news reporting, provided it is proportional, justified, and does not harm the normal exploitation of the work.
• Stichting Reprorecht: The Dutch collective management organization (CMO) that administers reprographic reproduction rights and licenses for copying works (e.g., printing, scanning, digital sharing).
• Declaration of Non-Use: A legal declaration to opt out of the mandatory license agreement with Stichting Reprorecht, confirming that the Organizations do not make reprographic reproductions as defined in Article 16h of the Dutch Copyright Act and accept full liability for unauthorized use.
• Public Domain: Works not protected by copyright and free for public use.
• Open License: Permissive licenses (e.g., Creative Commons) that allow use under specific conditions.
• Reprographic Reproduction: Copying or reproducing works through analog or digital means (e.g., photocopying, scanning, printing, or sharing digital copies).

3. General Principles

3.1 Respect Dutch Copyright Laws

• Assume all third-party content is copyrighted unless proven otherwise.
• Do not use copyrighted material without permission unless it qualifies as fair use (Redelijk Gebruik) under Dutch law or is in the public domain.
• The Organizations do not participate in the Stichting Reprorecht license agreement. All copying or sharing of copyrighted material must comply with this policy or require explicit permission from the copyright holder.

3.2 Opt-Out from Stichting Reprorecht

• Both Organizations have signed the Declaration of Non-Use (see Section 11), meaning:
  • No reprographic reproductions (as defined in Article 16h of the Dutch Copyright Act) are made within the Organizations.
  • The Organizations do not have a license with Stichting Reprorecht for analog or digital copying.
  • The Organizations are fully liable for any claims by authors, publishers, or artists for unauthorized use of their works.

3.3 Obtain Proper Authorization

• Secure written permission (license, contract, or explicit consent) from the copyright owner for any use beyond fair use or public domain.
• Always include the valid source of the material and, in case of any license or agreement, refer to that license or agreement from where the material is being used.

3.4 Use Openly Licensed or Public Domain Materials

• Prioritize using materials explicitly labeled for reuse (e.g., Creative Commons, MIT License, or public domain).
• Verify the terms of open licenses and comply with attribution requirements.

4. Permitted Uses

4.1 Fair Use (Redelijk Gebruik under Dutch Law)

Under Articles 15-17 of the Dutch Copyright Act, limited use of copyrighted material may be permitted for:

• Quotation (e.g., citing short excerpts for criticism, review, or analysis).
• Education and Research (e.g., internal training, academic work).
• News Reporting (e.g., sharing current events with proper attribution).
• Parody or Satire (if transformative and not harmful to the original work).

Requirements for Fair Use in the Netherlands:

• Use only the necessary portion of the work (e.g., a few sentences from a book, a low-resolution image).
• Add proper attribution (title, author, source).
• Ensure the use is transformative (e.g., analysis, commentary) rather than a direct copy.
• Do not harm the commercial value of the original work.
• Non-commercial use is more likely to qualify.

⚠️ Important: Fair use in the Netherlands is narrower than in some other jurisdictions (e.g., the U.S.). When in doubt, consult a manager or director or obtain permission.

4.2 Licensed Content

• Use materials under open licenses (e.g., Creative Commons) as long as all license conditions (e.g., attribution, non-commercial use) are met.
• Example: CC BY (Attribution), CC BY-SA (Attribution + ShareAlike).

4.3 Public Domain

• Freely use works confirmed to be in the public domain (e.g., works with expired copyright, certain government publications).
• Verify the public domain status, especially for older works (copyright in the Netherlands typically lasts 70 years after the author’s death).

4.4 Internal Use

• Sharing copyrighted material internally (e.g., for meetings, training, or collaboration) may still require permission unless it qualifies as fair use.
• Example: Distributing a full article to a team for discussion likely requires permission. Using a short quote for analysis may qualify as fair use.

5. Prohibited Uses

The following actions are strictly prohibited without explicit permission:

• Unauthorized Copying: Reproducing or distributing copyrighted works (e.g., printing, scanning, sharing digital files) without permission or a valid fair use justification.
• Plagiarism: Presenting someone else’s work as your own, even with minor modifications.
• Commercial Exploitation: Using copyrighted material for commercial gain (e.g., in client deliverables, marketing materials) without proper licensing.
• Mass Distribution: Sharing copyrighted content externally (e.g., on websites, social media, or with partners) without permission.
• Circumventing DRM: Bypassing technical protections (e.g., passwords, encryption) on copyrighted content.
• Pirated Content: Using or sharing illegally obtained materials (e.g., unlicensed software, bootleg media).
• Public and internal Performance of Music or Video: Playing music or video in places or at events where multiple people are present without prior consent from the copyright holder or a relevant collecting society (e.g., BUMA/STEMRA for music).

6. Responsibilities

6.1 Employees, Contractors, and Volunteers

• Comply with this policy and Dutch copyright laws.
• Review the copyright compliance section in the employee handbook whenever you want to use third-party material and follow the policies, guidelines, and procedures outlined there.
• Seek approval from a manager or director for uncertain cases.
• Do not assume that internal or non-commercial use is always permitted.
• Report potential violations to a manager or director.

6.2 Managers and Directors

• Ensure team members are aware of this policy.
• Review and approve requests for copyrighted material use in projects.
• Avoid distributing copyrighted materials (e.g., articles, images) to teams without verifying permissions.
• Provide guidance on Dutch copyright issues and fair use (Redelijk Gebruik).

7. Procedures

7.1 Decision-Making and Permission

• Employees are empowered to make their own decisions about using copyrighted material, based on the guidelines in this policy.
• Obtain written permission directly from the copyright holder or a relevant collecting society (e.g., BUMA/STEMRA for music) if your use case:
  • Does not qualify as fair use (Redelijk Gebruik).
  • Involves high-risk scenarios (e.g., public performance, commercial use, or mass distribution).
• Consult a manager or director only if you are unsure whether permission is required or how to obtain it.

7.2 Attribution and Documentation

• For all uses of third-party material, document the following:
  • Source: Include the title, author, and origin (e.g., URL, publication).
  • Use Case: Briefly describe how and why the material is being used (e.g., “internal training presentation,” “blog post illustration”).
  • License or Agreement: If applicable, refer to the license or agreement under which the material is used (e.g., “CC BY 4.0,” “written permission from [Copyright Holder]”).
  • Example for an image: "Image: 'Wind Turbines at Sea' by [Photographer Name], Source: [URL], Use Case: Blog post header image, License: CC BY 4.0".
  • Example for text: "Excerpt from 'Ocean Sustainability Report' (2023) by [Author], Source: [Publisher URL], Use Case: Internal training slides, License: Fair use for educational purposes".

8. Consequences of Non-Compliance

Due to the Declaration of Non-Use, the Organizations do not have a license with Stichting Reprorecht. Therefore:

• Violations may result in:
  • Disciplinary action (up to termination of employment or contract).
  • Legal liability for the individual and/or the Organizations, including financial penalties or damages claimed by copyright holders.
  • Reputational harm to Balean Foundation and S&B Solutions and Consultancy.
• Individuals may be held personally liable for willful or negligent violations.

9. Reporting Violations

• Report suspected violations to a manager or director immediately.
• All reports will be investigated confidentially.
• No retaliation will be taken against good-faith reporters.

10. Review and Updates

• This policy will be reviewed periodically and updated as needed to reflect:
  • Changes in Dutch copyright law (e.g., Auteurswet amendments).
  • New jurisdictional requirements or organizational needs.
• Last updated: see bottom of page

11. Declaration of Non-Use (Stichting Reprorecht)

Both Balean Foundation and S&B Solutions and Consultancy have signed the following Declaration of Non-Use with Stichting Reprorecht:

Declaration of Non-Use
By issuing this “Declaration of Non-Use,” I hereby confirm, on behalf of the company I am legally authorized to represent, for the benefit of Stichting Reprorecht, with its registered office in Hoofddorp and its place of business at Polarisavenue 81 (2132 JH) in Hoofddorp:

• that no reprographic reproductions as referred to in Article 16h of the Copyright Act are made within the aforementioned company;
• that the aforementioned company chooses not to enter into a license agreement with Stichting Reprorecht for analog and digital commercial copying;
• that the aforementioned company is therefore fully liable with respect to any claims by or on behalf of authors, publishers, and visual artists or their successors in title in connection with the publication and reproduction of the repertoire represented by Stichting Reprorecht, whether or not originating from the internet, as described in the Terms of Use for Business Customers, for which the required prior authorization has not been obtained.

Implications for Employees:

• No automatic coverage: The Organizations do not pay the Stichting Reprorecht fee, so all copying must comply with this policy or require explicit permission.
• Full liability: The Organizations (and potentially individuals) are fully responsible for any unauthorized use of copyrighted material.
• No exceptions: Even internal or small-scale copying may require permission unless it qualifies as fair use.
• Music and Video: Playing music or video in public spaces or at events requires prior consent from the copyright holder or a relevant collecting society (e.g., BUMA/STEMRA for music). Stichting Reprorecht does not cover these uses.

Open License Examples

This document is customized for Balean Foundation and S&B Solutions and Consultancy under Dutch law. Always consult a manager or director for specific cases.