Belgium has implemented the Use for advertising the exhibition or sale of works of art (Art. 5.3(j) InfoSoc) exception in Article XI.190, 16° of the Code of Economic Law (CEL). The national exception closely resembles the EU exception.

Implementation summary:

This exception allows for the reproduction and communication to the public for the purpose of advertising of a public exhibition or sale of artistic works, to the extent necessary to promote the event in question, excluding any other commercial use.

Implementation details:

Beneficiaries:

• any user

Purposes:

• advertising a public exhibition or sale of artistic works

Usage:

• reproduction
• communication to the public

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 limited to the extent necessary to promote the event in question
• use must exclude any other commercial use

Introduced/last updated: 22 May 2005

Remarks: As per art. XI.217, 15° 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.