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  • From: "J.C. DE MARTIN" <demartin AT polito.it>
  • To: cc-europe AT lists.ibiblio.org
  • Subject: Re: [CC-Europe] [Fwd: Belgian decision admitting validity of CC License]
  • Date: Mon, 01 Nov 2010 11:04:48 +0100

I second Paul's message: thank you, Severine, for letting us know!

Best

juan carlos


Paul Keller wrote (on 01/11/10 08:30):
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 -
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