共享资源:各地著作权法规/比利时

著作权法规： 比利时 快捷方式: COM:比利时
保护期限
标准	作者逝世+70年
匿名	出版 + 70年
其他
全景自由	Yes
截至年底	是
一般授权条款标签	{{PD-old-auto}} {{PD-Belgium-exempt}}
协议
伯尔尼公约	1887年12月5日
世界著作权公约	1960年8月31日
世界贸易组织成员	1995年1月1日
乌拉圭回合协议法案回溯日期‌*	1996年1月1日
世界知识产权协议	2006年8月30日
*‌只要一个作品在美国可以受版权保护，在1928年12月31日之后发表，并在来源国的URAA日期受版权保护，那么它通常会在美国受保护。

This page provides an overview of copyright rules of Belgium relevant to uploading works into Wikimedia Commons. Note that any work originating in Belgium must be in the public domain, or available under a free license, in both Belgium and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from Belgium, refer to the relevant laws for clarification.

管辖法律

Belgium has been a member of the Berne Convention since 5 December 1887, the WIPO treaty since 30 August 2006 and the World Trade Organization since 1 January 1995.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Code de droit économique (Code of Economic Law) (updated on September 10, 2018) as the main IP law enacted by the legislature of Belgium. WIPO holds the text of this law in their WIPO Lex database. Book XI. of this law covers intellectual property and business secrets. The website https://www.ejustice.just.fgov.be holds the Dutch and French text of this law.

一般规则

According to the law as of 2018 (Art. XI.166.):

• Copyright protection lasts for 70 years after the death of the author. Rights to works created by employees or under contract may be transferred to the employer or contractee.
• With collaborative works, copyright protection lasts for 70 years after death of the last surviving author. For audiovisual works, this includes various people with defined roles in production of the work, including the director, scenarist and authors of text and music.

• For anonymous or pseudonymous works, copyright protection lasts for 70 years after publication unless there is no doubt about the author's identity or they reveal their identity, in which case copyright lasts for 70 years after the death of the author.
• The above durations all end on 1 January of the year following the last year of protection.
• A portrait may not be reproduced without the permission of the person represented or their heirs for 20 years after their death.
• Until 1994, Belgian law was 50 years pma, but the new law is retroactive, so all copyrights were restored by URAA.
• Publication of never-published works give a new right during 25 years.

版权标签

快捷方式

• COM:TAG Belgium

参见：共享資源:著作權標籤

• {{PD-Vlaams-gemeentewapen}} – for municipal coats of arms from the Flemish region.
• {{PD-Vlaamse-gemeentevlag}} – for municipal flags from the Flemish region
• {{PD-Belgium-exempt}} – for the official products of the Belgian government

货币

快捷方式

• COM:CUR Belgium

参见：共享资源:货币

Banknotes

可以 Banknotes denominated in Belgian francs issued by the National Bank of Belgium can still be exchanged for an undetermined period of time. The Bank still owns copyrights with regard to the design of the banknotes it has issued, as long as reproductions in advertising or illustrations cannot be mistaken for genuine banknotes they can be used without prior authorisation of the Bank of Belgium. The same kind of restrictions apply to reproductions of Belgium banknotes as to Euro banknotes.

Please use {{Belgian franc banknote}} for Belgian franc banknotes.

硬币

 未知

微不足道

快捷方式

• COM:DM Belgium

参见：共享资源:最低限度

Art. XI.190 of the Code on Economic Law states:

• Once a work has been lawfully published, its author may not prohibit: [...] 2°. reproduction and communication to the public of a work shown in a place accessible to the public where the aim of reproduction or communication to the public is not the work itself [...].

全景自由

快捷方式

• COM:FOP Belgium

参见：共享资源:全景自由

可以：{{FoP-Belgium}}

Since 1 January 2015, Belgian copyright law is defined by Title 5 of Book XI (intellectual property) of the Code on Economic Law. It replaced the Copyright Act of 30 June 1994. On 16 June 2016 the Belgian Parliament introduced freedom of panorama by adding the following to article XI.190 of the Code on Economic Law (translated here to English):

"Once a work has been lawfully published, its author may not prohibit: [...] 2/1°. reproduction and communication to the public of works of plastic, graphic or architectural art designed to be placed on a permanent basis in public places, provided that the reproduction or the communication of the work is as it is found there and that this reproduction or communication does not infringe upon the normal exploitation of the work and does not cause unreasonable harm to the legitimate interests of the author."^{[2018 Art.XI.190]}

The Act was signed into law on 27 June, published on 5 July, and took effect on 15 July 2016.

2022 amendment

A 2022 amendment to the law moved the restriction from "and that this reproduction or communication does not infringe upon the normal exploitation of the work and does not cause unreasonable harm to the legitimate interests of the author" from Art.XI.190 itself to Art.XI.192/3, where it now forms part of a common set of provisions restricting the scope of multiple exceptions. Translated here to English, it reads:

"Art. XI.192/3 The exceptions provided for in articles XI.189, XI.190, XI.191, XI.191/1, XI.191/2, XI/192 (Section 1, Paragraph 2), XI.192/1 and XI.192/2 are only applicable insofar as much as they do not affect the normal exploitation of the work or database and so not unjustly prejudice the legitimate interests of the rightsholder."^{[2022 Art.XI.192/3]}

Notes

• An explanation that was attached to a draft version of the freedom of panorama provision stated that the provision was intended to apply to locations that are permanently accessible to the public, such as public streets and squares, and that the provision was not intended to apply inside of public museums or other buildings that are not permanently open to the public. According to the explanation, if a work of art is situated inside a building that is not permanently open to the public, then the artist may not have expected public exhibition of the work.

• Before 15 July 2016, there was no panorama freedom in Belgium. Modern pieces of art could not be the central motive of a commercially available photograph without permission of the artwork copyright holder. See also this discussion from 2009.
• Another exception to copyright, de minimis, is stated in article XI.190 (previously article 22 in the 1994 act) of the law: "Once a work has been lawfully published, its author may not prohibit: [...] 2°. reproduction and communication to the public of a work shown in a place accessible to the public where the aim of reproduction or communication to the public is not the work itself [...]". These conditions need not be met any more if the conditions of freedom of panorama as stated above are met.

邮票

参见：共享資源:郵票

In Belgium an image of a stamp is copyright free when the following conditions are fulfilled: 70 years after La Poste / De Post have issued the stamp AND 70 years after the designer of the image on the stamp has died.

The works of the following artists are in public domain because the artist died before 31 December 1945.

• Baugniet, Charles (1814-1886)
• Houyoux, Léon (1856-1940)
• Meunier, Henri (1873–1922)
• Vloors, Émile (1871–1952)

The work of the following artists will be in public domain on 1 January following 70 years after their death

• Bonnevalle, Oscar (1920-1993)
• De Bast, Jean (1883-1975)
• Dolphyn, William (1935–2016)
• Van Noten, Jean (1903–1982)

參見

• België / Belgique / Belgien
• Category:Belgian FOP cases
• Category:License tags of Belgium
• Category:Stamps of Belgium

引用

注意：上述描述可能不准确，不完整或过时，因此必须谨慎对待。在您上传文件至维基共享资源前，您应当确保其可以自由使用。 参见：共享资源:免责声明