Belgium has implemented the Incidental inclusion (Art. 5.3(i) InfoSoc) exception in Article XI.190, 2° 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 of a work shown in a place accessible to the public where the aim of the reproduction or communication to the public is not the work itself.

Implementation details:

Beneficiaries:

• any user

Purposes:

• no specific purpose (the use must be coincidental)

Usage:

• reproduction
• communication to the public

Subject Matter:

• works
• databases

Compensation:

• no compensation required

Attribution:

• no attribution required

Other Conditions:

• the work must be accessible to the public
• the work must be lawfully divulged

Introduced/last updated: 08 March 2021

Remarks: Although the text of the provision may leave the impression that it concerns works of plastic art or architecture, the parliamentary discussions before the adoption of the provision and available case law make it clear that it can also cover any visual works (e.g. a logo) or musical works, as long as they are seen or heard in public places, including indoors in publicly accessible locations.

The exception is applicable by way of analogy to databases (Art. XI.191 § 2 CEL).

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