Belgium has implemented the Illustration for teaching or scientific research (Art. 5.3(a) InfoSoc) exception in Art. XI.191/1 3.º, 4.º, 6.º and 8.º, Art. XI.191/2 1.º, 2.º and 4.º, Art. XI.217/1 3.º, 4.º, 5.º and 7.º Code of Economic Law. The national exception is slightly more restrictive than the EU exception.

Implementation summary:

Belgium has various exceptions for illustration for teaching and/or scientific research: reproduction exceptions for illustration teaching and scientific research that are open to anyone (Art. XI.191/1 3.º, Art. XI.191/2 1.º and Art. XI.217/1 3.º); communication exceptions for illustration teaching and scientific research by recognized establishments (Art. XI.191/1 4.º, Art. XI.191/2 2.º, Art. XI.217/1 4.º); reproduction and communication exceptions for educational activities by recognized childcare establishments (Art. XI.191/1 6.º and Art. XI.217/1 5.º); exceptions that cover digital uses for illustration for teaching under the responsibility of an educational establishment, which are aimed at implementing Article 5 of the DSM Directive (Art. XI.191/1 8.º, Art. XI.191/2 4.º, Art. XI.217/1 7.º); and text and data mining exceptions for scientific research aimed at implementing Article 3 of the DSM Directive (Art. XI.191/1 7.º, Art. XI.191/2 3.º, Art. XI.217/1 6.º). None of the exceptions is subject to compensation or licence availability.

Implementation details:

Beneficiaries:

  • anyone (exception for reproduction by anyone)
  • by establishments recognized or officially organized for this purpose by the public authorities (exception for communication by recognized establishments)
  • by childcare establishments recognized or officially organized for this purpose by the public authorities (exception for reproduction or communication by recognized childcare establishments)
  • anyone (exception for in-person digital uses under the responsibility of an educational establishment)
  • students and teaching staff of the educational establishment (exception for remote digital uses under the responsibility of an educational establishment)
  • by research organizations, by libraries accessible to the public, by museums accessible to the public, by archives or by film or audio heritage institution (TDM exception for scientific research)

Purposes:

  • illustration for teaching or scientific research, with non-profit aim (reproduction exception)
  • illustration for teaching or scientific research, with non-profit aim, within the framework of the normal activities of the establishment (exception for communication by recognized establishments)
  • within the framework the educational activities of the establishment (exception for reproduction or communication by recognized childcare establishments)
  • illustration for teaching, with non-profit aim, under the responsibility of an educational establishment (exception for digital uses under the responsibility of an educational establishment)
  • with a view to carrying out, for scientific research purposes, a search of texts and data on works (TDM exception for scientific research)

Usage:

  • reproduction (exception for reproduction by anyone)
  • communication (exception for communication by recognized establishments)
  • reproduction or communication (exception for reproduction or communication by recognized childcare establishments)
  • reproduction or communication (exception for digital uses under the responsibility of an educational establishment)
  • reproduction (TDM exception for scientific research)

Subject Matter:

  • works (except musical scores), copyrighted databases, performances, phonograms, film fixations, broadcasts and press publications (exception for reproduction by anyone)
  • works, copyrighted databases, performances, phonograms, film fixations, broadcasts and press publications (exception for communication by recognized establishments; exception for reproduction or communication by recognized childcare establishments)
  • works (except musical scores), databases, performances, phonograms, film fixations, broadcasts and press publications, (exception for digital uses under the responsibility of an educational establishment)
  • lawfully accessible copyrighted works, copyrighted databases, performances, phonograms, film fixations, broadcasts, press publications, databases protected by sui generis rights (TDM exception for scientific research)

Compensation:

  • no compensation required (all exceptions)

Attribution:

  • the source and the name of the author need to be mentioned, unless this proves impossible (all exceptions, except TDM exception for scientific research)

Other Conditions:

  • map[technological limitations:communication must be secured by appropriated measures (exception for communication by establishments)]
  • map[technological limitations:remote communication must take place through a secure electronic environment accessible only to students and teaching staff of the educational establishment (exception for digital uses under the responsibility of an educational establishment)]
  • map[lawful access:the beneficiary must have lawful access to the works or other subject matter used under the exception (TDM exception for scientific research)]
  • map[storage:copies of works or other subject matter shall be stored with an appropriate level of security (TDM exception for scientific research)]
  • 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

Remarks: There is an exception (Art. XI.191/1 3.º) allowing reproduction of works, with the exception of musical scores, for the purposes of illustration for teaching or scientific research, provided that the use is justified by the non-profit aim pursued. Similar exceptions exist for copyrighted databases (Art. XI.191/2 1.º) and for performances, phonograms, film fixations, broadcasts and press publications (Art. XI.217/1 3.º).
There is an exception (Art. XI.191/1 4.º) allowing the communication to the public of works for the purposes of illustration for teaching or scientific research, by establishments recognized or officially organized for this purpose by the public authorities and provided that this communication is justified by the purpose not profit pursued, is within the framework of the normal activities of the establishment and is secured by appropriate measures. Similar exceptions exist for copyrighted databases (Art. XI.191/2 2.º) and for performances, phonograms, film fixations, broadcasts and press publications (Art. XI.217/1 4.º).
There is an exception (Art. XI.191/1 6.º) allowing the reproduction or communication to the public of works by childcare establishments recognized or officially organized for this purpose by the public authorities and insofar as this reproduction or communication to the public is within the framework the educational activities of these establishments. Similar exceptions exist for performances, phonograms, film fixations, broadcasts and press publications (Art. XI.217/1 5.º).
There is an exception aimed at implementing article 5 of the DSM Directive (Art. XI.191/1 8.º) allowing the reproduction of works (with the exception of musical scores), or the communication to the public of works in the context of their digital use for the purposes of illustration for teaching, provided that the use is justified by the non-profit aim pursued, and provided that such use takes place under the responsibility of an educational establishment, on its premises or in other places, or by means of a secure electronic environment accessible only to students or students and teaching staff of this institution. It should be noted that the exclusion of the reproduction of musical scores from the scope of protection of the exception does not depend on the market availability of licences for such materials, which contradicts article 5(2) of the DSM Directive. The use of works for purposes of illustration for teaching carried out by means of secure electronic environments is deemed to take place only in the Member State in which the establishment of teaching is established. Similar exceptions exist for copyrighted databases (Art. XI.191/2 4.º) and for performances, phonograms, film fixations, broadcasts and press publications (Art. XI.217/1 7.º).
There is a text and data mining (TDM) exception for scientific research purposes aimed at implementing Article 3 of the DSM Directive (Art. XI.191/1 7.º), which covers the reproduction of works. Similar exceptions exist for copyrighted databases (Art. XI.191/2 3.º) and performances, phonograms, film fixations, broadcasts, press publications (Art. XI.217/1 6.º).