Belgium has implemented the Use of works of architecture or sculptures in public spaces (Art. 5.3(h) InfoSoc) exception in Article XI.190, 2/1° 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 of works of fine art or works of architecture intended to be located permanently in public places, provided that the reproduction or communication concerns the work as it stands there and as long as this reproduction or communication does not prejudice the normal exploitation of the work nor unduly harm the legitimate interests of the author.

Implementation details:

Beneficiaries:

• any user

Purposes:

• not specified

Usage:

• reproduction
• communication to the public

Subject Matter:

• works of fine art
• works of architecture

Compensation:

• no compensation required

Attribution:

• no attribution required

Other Conditions:

• work used must be intended to be located permanently in public places
• use must concern the work as it stands there
• use must not prejudice the normal exploitation of the work nor unduly harm the legitimate interests of the author

Introduced/last updated: 15 July 2016

Remarks: As per art.XI.193 CEL, all Belgian exceptions are of mandatory nature.