Belgium has implemented the Temporary acts of reproduction (Art. 5.1 InfoSoc) exception in Article XI.189(3) of the Code of Economic Law (CEL). The national exception closely resembles the EU exception.

Implementation summary:

This exception allows for temporary acts of reproduction, which are transient or incidental and which are an integral and essential part of a technological process and whose sole purpose is to enable: i) a transmission in a network between third parties by an intermediary, or ii) a lawful use, of a work or other subject-matter to be made, and which have no independent economic significance.

Implementation details:

Beneficiaries:

• intermediaries (transmission in a network)
• any user (other lawful uses)

Purposes:

• transmission in a network between third parties by an intermediary
• other lawful uses

Usage:

• temporary acts of reproduction

Subject Matter:

• works
• performances
• phonograms
• film fixations
• broadcasts

Compensation:

• no compensation required

Attribution:

• no attribution required

Other Conditions:

• the act of reproductions must be transient or incidental
• the act of reproductions must be an integral and essential part of a technological process
• the act of reproduction must have no independent economic significance

Introduced/last updated: 22 May 2005

Remarks: As per art. XI.217, 8° CEL the exception is also applicable to performers' (art. XI.205.1 § 1 CEL); film producers' (art. XI.209.1 CEL); phonogram producers' (art. XI.213 CEL) and broadcasters' (art. XI.215.1 CEL) rights.