Implementation of the 2001 Copyright Directive in Belgium

On 22 May 2005 the Law on the implementation of the Directive on the harmonisation of certain aspects of copyright and related rights in the information society(1) was finally adopted in Belgium, albeit a-year-and-a-half after the deadline sought in the Directive.(2) The official publication of the Law in the Belgian Gazette occurred on 27 May 2005 on which date the majority of its provisions entered into force, replacing and supplementing the text of the basic 1994 Copyright Act.(3) As I will explain below, it took the Belgian legislature three years to conclude the legislative process. It would, however, be wrong to presume that it was therefore the result of thorough reflection and extensive consultations. Several other factors, such as the transfer of competence for copyright from the Minister of justice to the Minister of Economic Affairs and early elections, slowed down the legislative work. Intensive debates in the competent commission of the Chamber of Representatives only started in early 2005 and resulted, a few months later, in a Law containing 40 articles, most of which adopt changes to the 1994 Copyright Act.(4) Interestingly, the majority of these articles do not deal with the explicit provisions of the 2001 Directive but relate to the provisions in the Act dealing with "fair compensation" in return for certain exceptions. In addition, I have to mention that most of the debates that took place in parliament related to a highly political controversy: whether or not to allow levies to be imposed on computers. This circumstance has unfortunately turned the debate of copyright principles into a fight over what became known in the media as a "PC tax". After a brief overview of the legislative history, this article will focus on the most significant amendments(5) without commenting upon the European provisions.(6)