Belgium has implemented the Use for the purpose of research or private study (Art. 5.3(n) InfoSoc) exception in Article XI.190, 13° of the Code of Economic Law (CEL). The national exception closely resembles the EU exception.

Implementation summary:

This exception allows for the communication, including making available to individual members of the public, for the purpose of research or private study, by means of dedicated terminals that are accessible on the premises of publicly accessible libraries, educational establishments, museums or archives which do not pursue any direct or indirect commercial or economic advantage, of works which are not subject to purchase or licensing terms and which are contained in their collections.

Implementation details:

Beneficiaries:

• publicly accessible libraries, educational establishments, museums or archives

Purposes:

• research or private study

Usage:

• communication
• making available to individual members of the public

Subject Matter:

• works
• performances
• phonograms
• film fixations
• broadcasts

Compensation:

• no compensation required

Attribution:

• no attribution required

Other Conditions:

• beneficiaries must not pursue any direct or indirect commercial or economic advantage
• works must be lawfully divulged
• works must be part of beneficiaries' collections
• works must not be subject to purchase or licensing terms
• use must be limited to dedicated terminals that are accessible on the premises of beneficiaries

Introduced/last updated: 22 May 2005

Remarks: As per art. XI.217, 12° 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.