Belgium has implemented the Reporting by the press on current events (Art. 5.3(c) 2nd part InfoSoc) exception in Article XI.190, 1° 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 and communication to the public, for the purposes of information, of short fragments of works or works of fine art as a whole in connection with reports on current events and wherever justified by the informatory purpose pursued. The source, including the author’s name, must be mentioned unless this turns out to be impossible.

Implementation details:

Beneficiaries:

• any user

Purposes:

• information purposes

Usage:

• reproduction
• communication to the public

Subject Matter:

• short fragments of works
• works of fine art
• phonograms
• film fixations
• broadcasts
• databases

Compensation:

• no compensation required

Attribution:

• the source, including the author’s name, must be mentioned, unless impossible

Other Conditions:

• the use must be in connection with reports on current events
• the use must be justified by the informatory purpose pursued

Introduced/last updated: 01 January 2015

Remarks: The exception is applicable by way of analogy to databases (Art. XI.191 § 2 CEL); As per art. XI.217, 2° 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.