Belgium has implemented the Exception or limitation for text and data mining (Art. 4 DSM) exception in Art. XI.190 20.º, Art. XI.191 2.º, Art. XI.217 19.º, Art. XI. 299 §5, Art. XI.310 §3 2.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 all purposes that follows Article 4 of the DSM Directive closely, which allow the use of copyrighted works (Art. XI.190 20.º), copyrighted databases (Art. XI.191 2.º), performances, phonograms, film fixations, broadcasts, press publications (Art. XI.217 19.º), software (Art. XI. 299 §5) and databases protected by sui generis right (Art. XI.310 §3 2.º).

Implementation details:

Beneficiaries:

  • by anyone

Purposes:

  • for purposes of text and data mining

Usage:

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

Subject Matter:

  • lawfully accessible copyrighted works, copyrighted databases, software, 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[retention:copies of works or other subject matter shall be kept only for as long as necessary for the purposes of text and data mining]
  • map[rights reservation:the exception shall apply on condition that the use of works and other subject matter has not been expressly reserved by their rightholder, in an appropriate manner, which must be in machine-readable form in the case of content made available to the public online]
  • 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