Hello all, As a result of the recent discussion about copyright, here's some explanation about some basic topics of the Belgian copyright law (wet betreffende het auteursrecht en de naburige rechten --- 30 juni 1994)
The law gives no catalogue, no enumeration of works that are considered to be protected by this law. But it is sure that your work must give some evidence of originality. But what is originality? It's the keyword for the application of this law. All creations that bears the stamp of the intellectual activity and of the personality of the author will be considered for protection. If the rights are challenged, the courts have to decide what is original or not. Nor the quality nor the newness of a creation are relevant in this matter. Bad taste can be original and a movie with a ancient theme can be original, bearing the seal of the intellectual activity and the personality of the creator. Another point is the adaptation of an existing work. If you use an existing creation to make a new creation (a musical arrangement for instance) you need the permission of the author of that creation (supposing that this existing creation bears the stamp of the personality and intellectuality of his maker and supposing that the copyright was not extinguished---see below). But you acquire copyright for your adaptation always supposing that your adaptation is bearing... . It's obvious that you may need to enter into an agreement with the creator of the original work concerning the benefits of the protection. The copyright extinguishes 70 years after the death of the maker of the creation. For anonymous and pseudonymous works the copyright extinguishes 70 years after the moment that the creation was open for the public for the first time. Article 2§6 of this law provides a special case of copyright. It states that everyone who, after the passage of copyright-protection for a work, publishes this work in a legal manner for the first time or opens this work in a legal manner for the public for the first time enjoys a protection that is equivalent to the "exploitation rights" (in Dutch "vermogensrechten") of the original author (for example the right of reproduction, the right to open the work for the public by way of live performances, television, internet and so on), but only for 25 years. He does not acquire the "moral rights" (for example the paternity of the creation). And now I have to end with this statement: I, Thomas Lemmens may not be held responsible for the use which might be made of the information in this e-mail. There is absolutely no warranty on the correctness, precision nor completeness of the information in this e-mail. :-) Best regards, Thomas Lemmens
Auteurswet België 1994.zip
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