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Belgium Copyright Laws

Belgium Copyright Laws

Copyright can subsist in any work in which the basic legal conditions (tangible form and originality) are united: not only literary, artistic and musical works, but also audio-visual works, web design, and layout, material design including furniture, clothing, etc.

Databases can under certain conditions be protected under article XI.186 and following of the Economic Law Code, and under article XI.306 and following of the Economic Law Code. Software may enjoy protection under article XI.294 and following of the Economic Law Code.

Under Belgian law, there is a legal presumption that the person whose name is mentioned on the work is the author of the work, until proof to the contrary. For audio-visual works, a specific system is set out under article XI.179 of the Economic Law Code, by which the director is by law presumed to be the author. Scenario writers, editors, copywriters, graphic designers of animated works/animated sequences, and authors of musical soundtracks (if written specifically for the audio-visual work) benefit from a presumption of authorship until proof to the contrary. Other persons may claim (first owner) authorship if they can prove that they have made a considerable contribution to the creation of the audio-visual work.

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