Belgium has implemented the Ephemeral recordings made by broadcasters (Art. 5.2(d) InfoSoc) exception in Article XI.190, 14° of the Code of Economic Law (CEL). The national exception is slightly more restrictive than the EU exception.
Implementation summary:
This exception allows for ephemeral recordings of works made by broadcasting organisations for their own broadcasts and by means of their own facilities, including by means of persons acting on their behalf and under their control.
Implementation details:
Beneficiaries:
- broadcasting organisations
- persons acting on behalf and under the control of broadcasting organisations
Purposes:
- for the needs of their own broadcasts
Usage:
- ephemeral recordings
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 by means of beneficiaries' own facilities
Introduced/last updated: 22 May 2005
Remarks: As per art. XI.217, 13° 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.
