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cc-be - Re: [Cc-be] Copyright exceptions (was: Very quick comments on CCs-[BE] and playground for other discussions.)

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Subject: Creative Commons - Belgium

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  • From: Hannelore Dekeyser <hannelore.dekeyser AT law.kuleuven.ac.be>
  • To: Alexandre.Dulaunoy AT ael.be
  • Cc: cc-be AT lists.ibiblio.org
  • Subject: Re: [Cc-be] Copyright exceptions (was: Very quick comments on CCs-[BE] and playground for other discussions.)
  • Date: Sun, 28 Nov 2004 12:54:38 +0100



Alexandre Dulaunoy wrote:
On Tue, 23 Nov 2004, Hannelore Dekeyser wrote:



[BE] Is all the exceptions in Section 5 (Exceptions aux droits) from
"loi du 30 juin 1994" (from Art. 21 to Art. 24) in the licences
practicable ?


The licence gives you more rights than most of the exceptions of the
copyright law. In this respect, these exceptions are irrelevant to this
case.


In case of NC, is the art. 23 (loi du 30 juin 1994) compatible with
the case of Non-Commercial distribution ? Public institutions can ask
for money in order to lend a work. Can it be considered as "fair use"
for public institution ?

It doesn't need to be compatible. The law says the author can't prohibit public lending. The CCPL can't prohibit this either.

Apart from that, I'm not convinced this is commercial use. The law says the goal of public lending is 'educational or cultural'. The fact that a small fee is required to cover costs (but not to make a profit) does not make this commercial use.
Of course, this is debateable. Can a non-profit organisation lend works for a small fee?
There might be some doctrine or jurisprudence about this, but I'm not sure.

Hannelore
--
Hannelore Dekeyser
Interdisciplinary Centre for Law and Information Technology
Website: http://www.law.kuleuven.ac.be/icri




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