Belgium has implemented the Quotation for criticism or review (Art. 5.3(d) InfoSoc) exception in Article XI.189, para 1 of the Code of Economic Law (CEL). The national exception closely resembles the EU exception.

Implementation summary:

This exception allows for reproduction and communication to the public for the purpose of quotations taken from a lawfully published work for the purpose of criticism, polemic, or review in accordance with the fair practice of the profession and to the extent justified by the purpose. The quotations must mention the source and the name of the author unless this turns out to be impossible.

Implementation details:

Beneficiaries:

• any user

Purposes:

• quotations for the purpose of criticism, polemic, or review

Usage:

• reproduction
• communication to the public

Subject Matter:

• works
• performances
• phonograms
• film fixations
• broadcasts

Compensation:

• no compensation required

Attribution:

• mention of the source and the name of the author required, unless impossible

Other Conditions:

• the work used must be lawfully published
• use must be in accordance with the fair practice of the profession
• use must be limited to the extent justified by the purpose

Introduced/last updated: 01 January 2015

Remarks: As per art. XI.217, 1° 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.