Belgium has implemented the Reproduction of broadcasts by social institutions (Art. 5.2(e) InfoSoc) exception in Article XI.190, 17° of the Code of Economic Law (CEL). The national exception closely resembles the EU exception.
Implementation summary:
This exception allows for reproduction of broadcasts made by hospitals, prisons, youth care organisations, or institutions assisting people with a disability provided that such institutions do not pursue any commercial purposes and that such reproduction is for the exclusive use of the natural persons residing there
Implementation details:
Beneficiaries:
- hospitals, prisons, youth care organisations, or institutions assisting people with a disability
Purposes:
- for the exclusive use of the natural persons residing in social institutions
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
- use must be non-commercial
Introduced/last updated: 22 May 2005
Remarks: As per art. XI.217, 16° 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.
