Advanced Search

An Act To Amend Certain Provisions Of Book Xi Of The Code Of Law Economics (1)

Original Language Title: Loi modifiant certaines dispositions du livre XI du Code de droit économique (1)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
belgiquelex.be - Carrefour Bank of LegislationELI - Navigation system by European legal identifier
http://www.ejustice.just.fgov.be/eli/loi/2016/12/22/2016011538/monitor

22 DECEMBER 2016. - An Act to amend certain provisions of Book XI of the Economic Law Code (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
CHAPTER 1er. - General provisions
Article 1er. This Act regulates a matter referred to in Article 74 of the Constitution.
Art. 2. This Act partially transposes Directive 2001/29/EC of the European Parliament and the Council of 22 May 2001 on the harmonization of certain aspects of copyright and neighbouring rights in the information society.
CHAPTER 2. - Amendments to the Economic Law Code
Art. 3. In Book XI, Title 5, Chapter 2, Section 6 of the Economic Law Code, inserted by the Act of 19 April 2014, a subsection 1 is inserted.reincluding articles XI.189 to XI.191, entitled:
"Subsection 1re. - General exceptions to the author's heritage rights".
Art. 4. In Article XI.189 of the same Code, the following amendments are made:
1° in paragraph 1er, the words "de revue, d'enseignement ou dans des travaux scientifiques" are replaced by the words "ou de revue";
2° Paragraph 2 is repealed.
Art. 5. In Article XI.190 of the same Code, the following amendments are made:
1° in the first sentence, the word "published" is replaced by the word "disclosed";
2° 4° is repealed;
3° to 5°, the words ", fixed on paper or on a similar medium" are inserted between the words "other works" and the words ", except";
4° to 5°, the words "for a strictly private purpose" are replaced by the words "either by a legal person for internal use, or by a natural person for internal use in the framework of his professional activities";
5° 6°, 7° and 8° are repealed;
6° 9° is replaced by the following:
"9° the reproduction of works, except for musical scores, carried out in the family circle and reserved for it;"
7° 11° is repealed.
Art. 6. In Article XI.191 of the same Code, the following amendments are made:
1° in the sentence introducing paragraph 1erthe word "published" is replaced by the word "disclosed";
2° in paragraph 1erParagraph 1er, 1°, the words "for a strictly private purpose" are replaced by the words "either by a legal person for internal use, or by a natural person for internal use in the framework of his professional activities";
3° in paragraph 1erParagraph 1er2°, 3° and 4° are repealed;
4° in paragraph 1erthe second paragraph is repealed;
Paragraph 2 is replaced by the following:
"§2. Section XI.190, 1°, 2°, 3° and 10° applies by analogy to databases. "
Art. 7. In Book XI, Title 5, Chapter 2, Section 6, of the same Code, a sub-section 2, comprising articles XI.191/1 and XI.191/2, entitled:
"Subsection 2. - Exceptions to the author's heritage rights for teaching and scientific research."
Art. 8. In subsection 2, inserted by section 7, an article XI.191/1 is inserted as follows:
"Art. XI.191/1. § 1er. When the work has explicitly disclosed, and without prejudice to the possible application of articles XI.189, § 3 and XI.190, 2°, 2/1°, 10°, 12°, 13° 15°, 16° and 17°, the author cannot prohibit:
1° the quotations made for the purpose of teaching or in the context of scientific research, in accordance with the honest uses and to the extent justified by the purpose pursued;
2° free performance in the course of school activities, including execution during public examination. This free execution in the context of school activities and the execution of a work during a public examination may take place both in the educational establishment and outside the educational institution;
3° the reproduction of works, with the exception of musical scores, for the purposes of illustration of teaching or scientific research, provided that the use is justified by the non-profit purpose pursued, and that use does not prejudice the normal exploitation of the work;
4° the communication to the public of works for the purposes of illustration of teaching or scientific research, by institutions recognized or officially organized for this purpose by the public authorities and provided that this communication is justified by the non-profit purpose pursued, is within the framework of the normal activities of the institution, be secured by appropriate measures and does not prejudice the normal operation of the work;
5° the use of literary works of deceased authors in an anthology intended for teaching that does not seek any direct or indirect commercial or economic advantage, provided that the choice of the extract, its presentation and its place respect the moral rights of the author and that fair remuneration is paid, to be agreed between parties or, if not, to be fixed by the judge in accordance with the honest practices.
§ 2. In uses referred to in paragraph 1er, are mentioned the source and name of the author, unless it is impossible. "
Art. 9. In the same subsection 2, an article XI.191/2 is inserted as follows:
"Art. XI.191/2. § 1er. By derogation from Article XI.191/1 when the database has been lawfully disclosed, the author cannot prohibit:
1° the reproduction of databases for the purposes of illustration of teaching or scientific research, provided that use is justified by the non-profit purpose pursued and that use does not prejudice the normal operation of the database;
2° the communication to the public of databases, for the purposes of illustration of the teaching or scientific research, by institutions recognized or officially organized for this purpose by the public authorities and provided that this communication is justified by the non-profit purpose pursued, is within the framework of the normal activities of the institution, be secured by appropriate measures and does not prejudice the normal operation of the database.
§ 2. In uses referred to in paragraph 1er, are mentioned the source and name of the author, unless it is impossible.
§ 3. Article XI.191/1, § 1er, 1° and 2°, applies by analogy to databases. ".
Art. 10. In Book XI, Title 5, Chapter 2, Section 6, of the same Code, a sub-section 3, comprising Article XI.192, entitled:
"Subsection 3. - The loan of works."
Art. 11. In Book XI, Title 5, Chapter 2, Section 6, of the same Code, a sub-section 4, comprising Article XI.192/1, entitled:
"Subsection 4. Orphaned works."
Art. 12. In Book XI, Title 5, Chapter 2, Section 6, of the same Code, a sub-section 5, comprising Article XI.193, entitled:
"Subsection 5. - Provisions common to subsections 1, 2, 3 and 4".
Art. 13. Section XI.193 of the same Code, replaced by the Act of 20 July 2015, is replaced by the following:
"Art. XI.193. The provisions of articles XI.189, XI.190, XI.191, XI.191/1, XI.191/2, XI.192, XI.192, §§ 1 and 3, and XI.192/1 are imperative. ".
Art. 14. In book XI, title 5, chapter 3, section 7, of the same Code, it is inserted a sub-section 1reincluding Article XI.217, entitled:
"Subsection 1re. - General exceptions.
Art. 15. In Article XI.217 of the same Code, the following amendments are made:
1° to 1°, the words "de revue, d'enseignement ou dans des travaux scientifiques" are replaced by the words "ou de revue";
2° the 4°, 5°, 6° and 10° are repealed.
Art. 16. In Book XI, Title 5, Chapter 3, Section 7, of the same Code, a sub-section 2, comprising Article XI.217/1, entitled:
"Subsection 2. Exceptions for teaching and scientific research."
Art. 17. In subsection 2, inserted by section 16, an article XI.217/1 is inserted as follows:
"Art. XI.217/1. Without prejudice to the possible application of Article XI.217, 8°, 9°, 11°, 12°, 14, 15° in 16°, Articles XI.205, XI.209, XI.213 and XI.215 are not applicable where the acts referred to in these provisions are performed for the following purposes:
1° the quotations from a performance made for a purpose of teaching or in the context of scientific research, in accordance with the honest uses of the profession and to the extent justified by the purpose pursued;
2° free performance in the course of school activities, including the execution of a benefit during a public examination. This free execution in the context of school activities and the execution of a work during a public examination may take place both in the educational establishment and outside the educational institution;
3° the reproduction of benefits for the purposes of illustration of teaching or scientific research, provided that the use is justified by the non-profit pursued, and that the use does not prejudice the normal operation of the benefit;
4° the communication to the public of benefits, for the purpose of illustrating the teaching or scientific research, by institutions recognized or officially organized for this purpose by the public authorities and provided that this communication is justified by the non-profit purpose pursued, is within the framework of the normal activities of the institution, be secured by appropriate measures and does not prejudice the normal operation of the benefit. ".
Art. 18. In Book XI, Title 5, Chapter 3, Section 7, of the same Code, a sub-section 3, comprising Article XI.218, entitled:
"Subsection 3. - The benefit loan."
Art. 19. In Book XI, Title 5, Chapter 3, Section 7, of the same Code, a sub-section 4, comprising Article XI.218/1, entitled:
"Subsection 4. Orphaned works."
Art. 20. In Book XI, Title 5, Chapter 3, Section 7, of the same Code, a sub-section 5, comprising Article XI.219, entitled:
"Subsection 5. - Provisions common to subsections 1, 2, 3 and 4".
Art. 21. Section XI.219 of the same Code, replaced by the Act of 20 July 2015, is replaced by the following:
"Art. XI.219. The provisions of articles XI.217, XI.217/1, XI.218 and XI.218/1 are imperative. ".
Art. 22. In Book XI, Title 5, of the same Code, the title of Chapter 5 is replaced by the following:
"CHAPITRE 5. - Compensation for private reproduction of works and benefits".
Art. 23. In Article XI.229 of the same Code, the following amendments are made:
1st paragraph 1er is replaced by the following: "The authors, performers, performers and producers of phonograms and audiovisual works are entitled to remuneration for the private reproduction of their works and performances, when this reproduction is carried out under the conditions set out in articles XI.190, 9° and 17° and XI.217, 7° and 16°. ";
2° in paragraph 2, the words "on any support other than on paper or similar support" are deleted;
3° in paragraph 3, the words "on any other than paper or similar support" are deleted;
4° in paragraph 4, the words ", publishers of literary works and works of graphic or plastic art" are deleted.
Art. 24. In Article XI.232 of the same Code, the words "on any other than paper or similar support" are repealed each time.
Art. 25. In Article XI.234, § 1erthe following amendments are made to the Code:
1° in paragraph 3, the words "is divided equally between authors and publishers" are replaced by the words "is attributed to the authors";
2° in paragraph 6, the words "The portion of the remuneration referred to in Article XI.229," are replaced by the words "The remuneration referred to in Article XI.229."
Art. 26. In Book XI, Title 5 of the same Code, the title of Chapter 6 is replaced by the following:
"CHAPITRE 6. - Remuneration for reprography."
Art. 27. Section XI.235 of the same Code is replaced as follows:
"Art. XI.235. The authors are entitled to remuneration for reproduction on paper or on a similar basis of their works, when this reproduction is carried out under the conditions laid down in articles XI.190, 5° and XI.191, § 1er1°. ".
Art. 28. Section XI.236 of the same Code is replaced by the following:
"Art. XI.236. The remuneration referred to in Article XI.235 consists of a proportional remuneration, determined by the number of reproductions of works.
It is due by natural or legal persons who perform reproductions of works, or if any, at the discharge of the first, by those who hold in a costly or free way a reproduction device at the disposal of others.".
Art. 29. In Article XI.237, the first dash of the same Code, the words "replaced by the law of 27 December 1993" are deleted.
Art. 30. Section XI.239 of the same Code is replaced by the following:
"Art. XI.239. The King shall fix the remuneration referred to in Article XI.236 by order deliberately in the Council of Ministers.
Such remuneration may be adjusted according to the sectors concerned.
The King sets out the modalities for the collection, distribution and control of that remuneration and the time it is due.
Without prejudice to international conventions, the remuneration referred to in Article XI.236 shall be awarded to the authors. This provision is imperative.
The remuneration referred to in Article XI.236 to which the authors are entitled is incessible.
According to the conditions and the terms and conditions that He sets, the King directs a representative company of all rights management companies to ensure the collection and distribution of remuneration.
The amount of such remuneration may be revised every three years.
If the conditions that justified the setting of the amount have been clearly and sustainably changed, this amount may be revised before the expiry of the three-year period.
The King, if he revises the amount endeaned for the three-year period, motivates his decision by changing the initial conditions. ".
Art. 31. In Book XI, Title 5 of the same Code, the title of Chapter 7 is replaced by the following:
"CHAPITRE 7. - The use of works and benefits for teaching and scientific research".
Art. 32. Section XI.240 of the same Code is replaced by the following:
"Art. XI.240. The authors and publishers of works are entitled to compensation because of the reproduction and communication of the works under the conditions laid down in Article XI.191/1, § 1er3° and 4°.
The authors of databases are entitled to compensation because of their reproduction and communication under the conditions set out in Article XI.191/2, § 1er.
Performers or performers, producers of phonograms and producers of early film fixations are entitled to compensation because of the reproduction and communication of their performances under the conditions set out in article XI.217/1, 3° and 4°. ".
Art. 33. Section XI.241 of the same Code is repealed.
Art. 34. In section XI.242 of the same Code, paragraph 1er is supplemented by the words "taking into account the objectives of promoting teaching activities".
Art. 35. In Book XI of the same Code, a Title 7/1 entitled:
"TITRE 7/1. - The remuneration of publishers for reproductions on paper of their editions on paper".
Art. 36. In Title 7/1 inserted by Article 34, an article XI.318/1 is inserted as follows:
"Art. XI.318/1. Without prejudice to the right to remuneration of the author referred to in Article XI.239, publishers have a right to remuneration for reproduction on paper or on a similar basis of their editions on paper, in the case of a fragmentary or integral reproduction of articles or of plastic or graphic art, or a reproduction of short fragments of other editions, by means of any photographic technique or any other method producing a similar result,
The duration of the right to pay referred to in paragraph 1er is fifty years from the first edition on paper. This duration is calculated from 1er January of the year following the first edition on paper. ".
Art. 37. In the same title 7/1, an article XI.318/2 is inserted as follows:
"Art. XI.318/2. The remuneration referred to in Article XI.318/1 consists of a proportional remuneration, determined by the number of reproductions of editions on paper.
It is due by natural or legal persons who perform reproductions of editions in accordance with Article XI. 318/1 or, where applicable, at the discharge of the first, by those who hold a reproduction device free of charge at the disposal of others.".
Art. 38. In the same title 7/1, an article XI.318/3 is inserted as follows:
"Art. XI.318/3. The King shall fix the remuneration referred to in Article XI.318/1 by order deliberately in the Council of Ministers.
Such remuneration may be adjusted according to the sectors concerned.
The King sets out the modalities for the collection, distribution and control of that remuneration and the time it is due.
Under the conditions and terms and conditions that He sets, the King shall appoint a representative company of all rights management companies to ensure the collection and distribution of the remuneration referred to in Article XI.318/1.
The amount of such remuneration may be revised every three years.
If the conditions that justified the determination of the amount of compensation have been clearly and sustainably changed, this amount may be revised before the expiry of the three-year period.
The King, if he revises the amount endeaned for the three-year period, motivates his decision by changing the initial conditions. ".
Art. 39. In the same title 7/1, an article XI.318/4 is inserted, as follows:
"Art. XI.318/4. The rights management corporation designated by the King under this chapter may obtain the information necessary to carry out its mission in accordance with Article XI.281 and XV.113 to:
1° of the Customs Administration and Access by application of section 320 of the General Customs and Access Act of 18 July 1977;
2° of the Administration of the T.V.A. by application of article 93bis of the Code of the T.V.A. of 3 July 1969; and
3° of the National Social Security Office in accordance with the Act of 15 January 1990 on the institution and organization of a Social Security Bank. ".
Art. 40. In the same title 7/1, an article XI.318/5 is inserted as follows:
"Art. XI.318/5. Without prejudice to Article XI.281 and XV.113, the Designated Rights Management Corporation may, upon request, disclose information to Customs and T.V.A. administrations.
Without prejudice to Article XI.281 and XV.113, the Designated Rights Management Corporation may communicate and receive information:
1st Service Control and Mediation of the SPF Economy;
2° of rights management companies carrying on similar activities abroad, subject to reciprocity. ".
Art. 41. In the same title 7/1, an article XI.318/6 is inserted, as follows:
"Art. 318/6. The provisions of Book I, Chapter 9, Book XI, Title 5 and Title 9, Book XV, and Book XVII are applicable by analogy to this title, in that the words "near right" or "near rights" must be read as including "the right of paid publishers for reproduction on paper or on a similar medium of their editions on paper". ".
CHAPTER 3. - Entry into force
Art. 42. The King shall determine the date of entry into force of all or part of each of the sections of this Act and of each of the provisions inserted by this Act in the Economic Law Code.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 22 December 2016.
PHILIPPE
By the King:
Minister of Employment, Economy and Consumers,
K. PEETERS
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
(1) Note
House of Representatives
(www.lachambre.be)
Documents: 54 2122
Full report : 15 December 2016