Belgium has implemented the Text and data mining for scientific research (Art. 3 DSM) exception in Art. XI.191/1 7.º, Art. XI.191/2 3.º, Art. XI.217/1 6.º, Art. XI.310 §3 1.º of Code of Economic Law. The national exception closely resembles the EU exception.

Implementation summary:

Belgium has various identical text and data mining (TDM) exceptions for scientific research purposes aimed at implementing Article 3 of the DSM Directive, which follow this article closely, covering copyrighted works (Art. XI.191/1 7.º), copyrighted databases (Art. XI.191/2 3.º), performances, phonograms, film fixations, broadcasts, press publications (Art. XI.217/1 6.º) and databases protected by sui generis right (Art. XI.310 §3 1.º).

Implementation details:

Beneficiaries:

  • by research organizations, by libraries accessible to the public, by museums accessible to the public, by archives or by film or audio heritage institution

Purposes:

  • with a view to carrying out, for scientific research purposes, a search of texts and data on works

Usage:

  • reproduction of copyrighted works, copyrighted databases, performances, phonograms, film fixations, broadcasts, press publications
  • extraction of databases protected by sui generis rights

Subject Matter:

  • lawfully accessible copyrighted works, copyrighted databases, performances, phonograms, film fixations, broadcasts, press publications, databases protected by sui generis rights

Compensation:

  • no compensation required

Attribution:

  • no attribution required

Other Conditions:

  • map[lawful access:the beneficiary must have lawful access to the works or other subject matter used under the exception]
  • map[storage:copies of works or other subject matter shall be stored with an appropriate level of security]
  • map[3-step test:exceptions applicable to copyrighted works and copyrighted databases are only applicable if they do not harm the normal exploitation of the work or the database nor cause undue harm to the legitimate interests of the right holder (Art. XI.192/3)]

Introduced/last updated: 01 August 2022