In short. A Dutch author may waive some rights under Auteurswet Article 25, but cannot waive protection against prejudicial impairment under Article 25(1)(d).
Definition: Moral rights protect an author's attribution and the integrity of a work. Under the Dutch Auteurswet version effective 1 January 2026, Article 25 permits limited waivers, while protection against distortion, mutilation or other impairment that could harm the author's honour, reputation or standing as author remains unwaivable.
Key facts
- Article 25(3) of the Auteurswet allows waiver of the right to object to omitted credit and limits waivers concerning changes to the work or its title.
- WIPO's copyright FAQ defines a licence as permission for another party to use or exploit a work; moral rights protect the author's non-economic interests.
- In answer 8 to parliamentary questions about changes to books, the Dutch government expressly states that the author cannot waive the right in Article 25(1)(d).
Which rights can the author waive?
Auteurswet Article 25(1) distinguishes the following rights. Article 25(3) sets the waiver limits for them.
| Provision | What the author may oppose | Waiver rule |
|---|---|---|
| Article 25(1)(a) | The author may oppose publication without their name or another indication of authorship, unless that objection conflicts with reasonableness. | The author may waive this right. |
| Article 25(1)(b) | The author may oppose publication under another name and changes to the work's title or author designation appearing on, in or in connection with the work. | Waiver is available only insofar as it concerns changes to the work or its title. |
| Article 25(1)(c) | The author may oppose other changes to the work, unless the nature of the change makes the objection unreasonable. | Waiver is available insofar as it concerns changes to the work or its title. |
| Article 25(1)(d) | The author may oppose distortion, mutilation or other impairment that could harm their honour, reputation or standing as author. | The author cannot waive this right. |
For website text, the statutory distinction separates omitting a byline from publishing under another person's name. Article 25(3) permits waiver of the objection to omitted attribution; its permission concerning paragraph (b) extends only to changes to the work or its title.
What survives a licence or copyright transfer?
Auteurswet Article 2(2) permits a licence covering all or part of the copyright. Article 25(1) expressly preserves the listed moral rights even after the author transfers copyright.
The government's parliamentary answer distinguishes the right to publish and reproduce a work from the author's moral rights. Its explanation of Article 25(1)(d) confirms that protection against prejudicial impairment survives an attempted blanket waiver.
Article 25(4) also preserves an author's ability, after transferring copyright, to make changes that good faith permits under the standards of social dealings. While copyright continues, a testamentary designee has the same power where it is reasonably plausible that the author would have approved the changes.
Who exercises the rights after the author dies?
Auteurswet Article 25(2) assigns the rights until copyright expires to the person designated by the author in a testamentary disposition, or, without such a designee, to the author's relatives. Article 25a(1) defines those relatives as parents, a spouse or registered partner, and children. Each may exercise the powers independently; a court may give a binding decision if they disagree.
Related terms
FAQ
Can you omit the author's byline if the author agrees?
Yes. Article 25(3) permits the author to waive the right in Article 25(1)(a) concerning publication without attribution. Publication under another person's name falls under the separate protection in Article 25(1)(b).
Can an author object to every edit of your licensed text?
Article 25(1)(c) makes the objection subject to reasonableness, and Article 25(3) permits waiver concerning changes to the work. Article 25(1)(d) separately protects against impairment that could prejudice the author's honour, reputation or standing as author.
Sources
- Overheid.nl, "Auteurswet", consolidated version effective 1 January 2026
- WIPO, "Frequently Asked Questions: Copyright", undated
- Tweede Kamer der Staten-Generaal, "Kamervragen (Aanhangsel), nr. 2924, answer 8", published 4 July 2023
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