Belgium has implemented the Use for the purpose of caricature, parody or pastiche (Art. 5.3(k) InfoSoc) exception in Article XI.190, 10° of the Code of Economic Law (CEL). The national exception closely resembles the EU exception.

Implementation summary:

Under this exception, once a work has been lawfully published, its author may not prohibit its use for the purpose of caricature, parody or pastiche, observing fair practice.

Implementation details:

Beneficiaries:

  • any user

Purposes:

  • for the purpose of caricature, parody or pastiche

Usage:

  • any use

Subject Matter:

  • works
  • phonograms
  • film fixations
  • broadcasts
  • databases

Compensation:

  • no compensation required

Attribution:

  • no attribution required

Other Conditions:

  • the work must be lawfully published
  • the use must conform to fair practice

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, 9° 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.