Belgium has implemented the Use for the benefit of people with a disability (Art. 5.3(b) InfoSoc) exception in Article XI.190, 12° of the Code of Economic Law (CEL). The national exception closely resembles the EU exception.

Implementation summary:

This exception allows for the reproduction and communication to the public of works for the benefit of people with a disability, which are directly related to the disability concerned and of a non-commercial nature, to the extent required by that specific disability, provided that this does not prejudice the normal exploitation of the work nor does it unduly harm the legitimate interests of the author.

Implementation details:

Beneficiaries:

• any user

Purposes:

• for the benefit of people with a disability

Usage:

• reproduction
• communication to the public

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 directly related to the disability and of non-commercial nature
• use must be limited to the extent required by the specific disability
• use must not prejudice the normal exploitation of the work
• use must not unduly harm the legitimate interests of the author

Introduced/last updated: 22 December 2018

Remarks: As per art. XI.217, 14° 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.