Belgium has implemented the Private copying (Art. 5.2(b) InfoSoc) exception in Article XI.190, 9° of the Code of Economic Law (CEL). The national exception is slightly more restrictive than the EU exception.

Implementation summary:

This exception allows for the reproduction of works, except sheet music, made within the family circle and exclusively intended for that circle.

Implementation details:

Beneficiaries:

  • any user

Purposes:

  • use intended for the family circle

Usage:

  • reproduction

Subject Matter:

  • works (other than sheet music)
  • performances
  • phonograms
  • film fixations
  • broadcasts

Compensation:

  • fair compensation required

Attribution:

  • no attribution required

Other Conditions:

  • the copy has to be made within the family circle

Introduced/last updated: 22 May 2005

Remarks: As per art. XI.217, 7° 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.