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Sint Maarten

Auteursverordening (Copyright Ordinance, as continued in force in Sint Maarten).

Selected year snapshot

For 2025, the active event in this file is Auteursverordening (Copyright Ordinance, as continued in force in Sint Maarten).

60%

Current rationale

As of 2025, the Auteursverordening remains the copyright law in force in Sint Maarten (Dutch part). The BIP Sint Maarten website continues to list it as applicable legislation. No amendment introducing a general fair use, fair dealing, open research exception, or TDM exception has been identified via web search. Sint Maarten has OCT (Overseas Countries and Territories) status in relation to the EU and is not required to transpose EU directives, including the DSM Directive (2019/790). The Dutch Auteurswet, which has been updated with DSM Directive transpositions (including TDM exceptions in Art. 15n), applies only in the European Netherlands and does not extend to Sint Maarten. The most permissive research-relevant exception remains the private use provision, which permits reproduction of full works for private/personal use (including private study) but is limited to individuals and does not authorize sharing or communication. This yields LIGHT BLUE. The quotation exception remains limited to excerpts and is RED on its own. Classification-neutral factors (non-commercial restrictions, copy limits, remuneration) were not factored into the color decision.

Exceptions considered

Private use provision (Auteursverordening)60%Private UseMost permissive

Private copying/reproduction for personal use or private study, limited to individuals, full works permitted, no sharing authorized

Quotation provision (Auteursverordening)0%Quotation

Quotation exception, limited to short passages/excerpts with attribution

Law changes

Auteursverordening (Copyright Ordinance)

Baseline Β· Effective 1990-01-01

60%

Relevant section: Articles 10, 16b, 16c, 17, 18

Dates: Effective 1990-01-01

Why this score

Sint Maarten (Dutch part) was part of the Netherlands Antilles until 10 October 2010. The copyright law applicable in the Netherlands Antilles was the Auteursverordening (Copyright Ordinance), which was modeled on the Dutch Auteurswet 1912 but adapted for the Antillean context. The Auteursverordening contains provisions analogous to the Dutch Copyright Act, including a private copying/personal use exception (analogous to Art. 16b of the Dutch Act) permitting reproduction for private study or personal use, and a quotation exception. There is no general fair use or fair dealing clause, no open research exception available to all users, and no TDM exception. The private use exception is limited to individuals making copies for their own private study/use (not institutional, not sharing). It permits reproduction of full works for private purposes. No provision authorizes communication or sharing of research copies. The most permissive research-relevant exception is the private use provision, which restricts the beneficiary to individuals acting privately. This yields LIGHT BLUE. The quotation exception is limited to excerpts/passages and would be RED on its own. Non-commercial restrictions and copy-number limits are classification-neutral and were not factored into the color decision. I was unable to retrieve the full verbatim text of the Auteursverordening as it was in force on 1990-01-01 via web search; the BIP Sint Maarten legislation page lists the Auteursverordening but does not provide the full text online. The classification is based on the known structure of the Auteursverordening as the Netherlands Antilles copyright ordinance derived from the Dutch Auteurswet 1912 framework.

Exceptions considered

Art. 16b (analogous)60%Private UseMost permissive

Private copying/reproduction for personal use or private study, limited to individuals, full works permitted

Art. 17 (analogous)0%Quotation

Quotation exception, limited to short passages/excerpts with attribution

Source links

Dissolution of the Netherlands Antilles β€” Sint Maarten becomes a constituent country

Relevant update Β· Effective 2010-10-10

60%

Dates: Effective 2010-10-10 Β· Enacted 2010-09-07

Why this score

On 10 October 2010, the Netherlands Antilles was dissolved and Sint Maarten became a constituent country (land) within the Kingdom of the Netherlands. Under the transitional arrangements (Rijkswet van 7 september 2010, Stb. 2010, 340), existing Netherlands Antilles legislation β€” including the Auteursverordening β€” continued in force as national legislation of Sint Maarten until replaced or amended. The BIP Sint Maarten website confirms the Auteursverordening remains listed as applicable legislation. No substantive changes to the copyright exceptions were made at this point; the private use exception and quotation exception continued unchanged. The classification remains LIGHT BLUE for the same reasons as the baseline: the most permissive research-relevant exception is the private use provision limited to individuals. Sint Maarten is not an EU member state and is not required to transpose EU directives (it has OCT status). No TDM or broader research exception was introduced.

Exceptions considered

Art. 16b (analogous, Auteursverordening)60%Private UseMost permissive

Private copying/reproduction for personal use or private study, limited to individuals, full works permitted

Art. 17 (analogous, Auteursverordening)0%Quotation

Quotation exception, limited to short passages/excerpts with attribution

Source links

Auteursverordening (Copyright Ordinance, as continued in force in Sint Maarten)

Current law confirmation Β· Effective 2025-01-01

60%

Dates: Effective 2025-01-01

Why this score

As of 2025, the Auteursverordening remains the copyright law in force in Sint Maarten (Dutch part). The BIP Sint Maarten website continues to list it as applicable legislation. No amendment introducing a general fair use, fair dealing, open research exception, or TDM exception has been identified via web search. Sint Maarten has OCT (Overseas Countries and Territories) status in relation to the EU and is not required to transpose EU directives, including the DSM Directive (2019/790). The Dutch Auteurswet, which has been updated with DSM Directive transpositions (including TDM exceptions in Art. 15n), applies only in the European Netherlands and does not extend to Sint Maarten. The most permissive research-relevant exception remains the private use provision, which permits reproduction of full works for private/personal use (including private study) but is limited to individuals and does not authorize sharing or communication. This yields LIGHT BLUE. The quotation exception remains limited to excerpts and is RED on its own. Classification-neutral factors (non-commercial restrictions, copy limits, remuneration) were not factored into the color decision.

Exceptions considered

Private use provision (Auteursverordening)60%Private UseMost permissive

Private copying/reproduction for personal use or private study, limited to individuals, full works permitted, no sharing authorized

Quotation provision (Auteursverordening)0%Quotation

Quotation exception, limited to short passages/excerpts with attribution

Source links