Belgium has implemented the Reproductions by Libraries, Archives & Museums (Art. 5.2(c) InfoSoc) exception in Article XI.190, 12° of the Code of Economic Law (CEL). The national exception is much more restrictive than the EU exception.

Implementation summary:

This exception allows for reproduction, limited to a certain number of copies depending on, and for the purpose of, preserving the cultural and scientific heritage, made by libraries accessible to the public, museums or archives, which do not seek any direct or indirect economic or commercial advantage, provided that this does not prejudice the normal exploitation of the work or unduly harm the legitimate interests of the author. The material thus produced shall remain the property of those institutions, which shall not engage in any commercial use or use for profit. The author may have access to the material, subject to strict respect for the preservation of the work and upon fair remuneration for the intervention of those institutions.

Implementation details:

Beneficiaries:

  • libraries accessible to the public, museums or archives

Purposes:

  • preserving the cultural and scientific heritage

Usage:

  • reproduction

Subject Matter:

  • works
  • performances
  • phonograms
  • film fixations
  • broadcasts

Compensation:

  • no compensation required

Attribution:

  • no attribution required

Other Conditions:

  • works must be lawfully divulged
  • reproduction must be limited to a certain number of copies
  • beneficiaries must not seek any direct or indirect economic or commercial advantage
  • use must be strictly non-commercial
  • use must not prejudice the normal exploitation of the work or unduly harm the legitimate interests of the author
  • the material thus produced must remain the property of the beneficiaries
  • the author must have access to the material

Introduced/last updated: 30 June 1994

Remarks: As per art. XI.217, 11° 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.

As per art.XI.193 CEL, all Belgian exceptions are of mandatory nature.