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  • From: Paul Keller <pk AT kl.nl>
  • To: severine.dusollier AT fundp.ac.be
  • Cc: cc-europe AT lists.ibiblio.org
  • Subject: Re: [CC-Europe] [Fwd: Belgian decision admitting validity of CC License]
  • Date: Mon, 1 Nov 2010 08:30:31 +0100

dear Severine,
thanks for the report! this is good news (even better than the dutch case
which did not deal with the attribution element at all). best,
paul


On 28 Oct 2010, at 22:10, Severine Dusollier wrote:

>
> Dear all,
>
> A Belgian court today has applied the CC license to a copyright
> infringement suit. I attach the judgment (in French). The facts were
> simple, a music band had posted on its website some music under a CC
> license Non commercial - No derivative works. A theater adapted the music
> to make an advertisement for their theatrical season. The ad was
> broadcasted on the national radio several times (with no attribution).
> The band refused the damages that the theater proposed (1500 €) and decided
> to sue for copyright infringement.
> The court aknowledge the licensing under the CC license and the fact that
> the theater did not respect any of the license fetaures:
> - no attribution was made
> - the music was slightly modified for the ad
> - the advertisement, even for a theater was a commercial use prohibited by
> the license.
>
> The theater defended itself by arguing a mistake (the court said that as a
> professional of the cultural sector, they should pay more attention to
> licensing conditions) and its good faith (traditionnally not accepted in
> Belgian as a defense to copyright infringement).
> But the court denied to the band the amount of damages they rclaimed
> (around 10.000 €- and only granted 4500€ (i.e. 1500€ for each attribute of
> the license that was not respected), considering that it was paradoxical to
> license works under a CC license and a non-commercial ideology but
> demanding a price that would be higher than commercial conditions...
>
> The band first contacted me as the Belgium CC leader but I entrusted hem
> with one researcher working with me who is also a lawyer and helped them
> before the courts.
>
> If you need any more information, feel free to ask...
>
> Best regards
>
> Séverine
>
> --
> Professor at the University of Namur
> Director of the Research Center in IT and Law (CRID)
>
> Rempart de la Vierge 5 Tél: +32 81 72 47 60
> 5000 NAMUR Fax: +32 81 72 52 02
> BELGIQUE severine.dusollier AT fundp.ac.be
>
> The publications of Severine Dusollier are available at :
> http://www.fundp.ac.be/universite/personnes/page_view/01003580/publications.html
>
> http://www.crid.be
> <2010-10-26 Décision trib. Nivelles -
> Lichôdmapwa.pdf>_______________________________________________
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> CC-Europe AT lists.ibiblio.org
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