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Michaux, Benoit --- "BELGIUM" [2019] ELECD 619; in Lindner, Brigitte; Shapiro, Ted (eds), "Copyright in the Information Society" (Edward Elgar Publishing, 2019) 159

Book Title: Copyright in the Information Society

Editor(s): Lindner, Brigitte; Shapiro, Ted

Publisher: Edward Elgar Publishing

Section: Chapter 4

Section Title: BELGIUM

Author(s): Michaux, Benoit

Number of pages: 33

Abstract/Description:

Belgian copyright law can be qualified as quite flexible. Its key notions are designed in a broad and open manner. As a result, it offers suitable mechanisms to address specific copyright-related issues that are critical in fast-growing technological environments. Moreover, during the last period, the Belgian judicial system has proven its capacity to provide solutions that are both effective and well-balanced, in particular in the field of enforcement of copyright. Also, Belgian judges are particularly willing to comply with EU law. The number of cases referred to the Court of Justice is relatively significant in this respect, and the reception of the decisions of the Court appears to be generally positive. Globally, the action of the authorities does not face excessive difficulties. Having said this, certain aspects seem to be more delicate to deal with, including those regarding the exceptions and the mechanism of direct injection.