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What about digital copies ?
Copying and broadcasting digital documents
is still illegal in the absence of permission from the entitled
parties, except in the following cases provided for by article
22 § 1,4° of the law on copyright.
1. It must involve the fragmentary or full
reproduction of articles or plastic art works or those of
brief fragments of other works set down on a medium other
than graphic or similar
2. The reproduction must be made for purposes of teaching
illustration or scientific research
3. The reproduction is carried out for a non-profitmaking
purpose
4. It must not be detrimental to the normal commercialisation
of the work
In this case, the law provides for a remuneration for the
authors and publishers. To date, the enforcing decrees have
not yet been issued.
Reprobel is therefore the organ responsible
for collecting remunerations for graphic copies made both
for private purposes and for educational and scientific research
purposes.
The rightful claimants to the digital copy are not only the
authors and publishers but also the performers, phonogram
producers and the producers of first fixings of films. In
addition, authors benefiting from the law for the protection
of databases - for the structure of databases - will also
receive a remuneration for copies made for the purposes of
teaching illustration and scientific research.
The European Parliament and the Council
have approved a directive regarding digital copies among other
things. This directive 2001/29/CE of 22nd May 2001 relating
to the harmonisation of some aspects of copyright and related
rights in the information society has not yet been transposed
into Belgian law. This transposition must be done by the end
of 2002. You can read the text of the European directive by
clicking here.
Following the transposition of the directive, the remuneration
of authors and publishers will become unavoidable for digital
copies, in the context provided for by the law.
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