Copyright reform: Belgium

On 1 January 2015 Book XI of the Belgian Code of Economic Law, titled ‘Intellectual Property’, will enter into force. This book introduces several changes to the Belgian patent and copyright laws. Copyright changes include implementation of (i) existing EU directives, and (ii) further clarification on already existing provisions in Belgian law (e.g. clarification on the use exception for copyright works within the framework of academic activities).

The most important change is to bring the duration of copyright in various rights in line with Directive 2011/77 on the term of protection of copyright and certain related rights (“the Term Directive”). From 1 January 2015, copyright in musical compositions will extend to 70 years after the death of the author, sound recordings will be extended to 70 years from first publication or first communication to the public, and performers will obtain a right of reversion in respect of sound recordings of their performances, if 50 years from first publication the publisher is no longer publishing copier or licensing the sound recording for performance.

The performer’s right to remuneration under a recording contract is also extended, for the newly-introduced further 20 years of protection.

A new platform is to be established to manage resale rights for works of fine art.

The governance regime for copyright collecting societies is also being tightened up, and a new entity established which as well as supervising collecting societies’ compliance with the new regime will provide mediation and valuation services in relation to copyright and related rights.

For the full details of the changes, and changes to Belgian patent law introduced at the same time, see here.