Have you created a work of art, written a book or developed original software? Then your work is automatically protected by copyright. But what exactly does this mean for you in Belgium? On this page we explain in clear language what copyright means.
Content
- What is copyright?
- When does copyright arise?
- What will be protected?
- What will not be protected?
- What rights do you get?
- How long does copyright last?
- Copyright on social media and the Internet
- Difference with other intellectual property rights
- Frequently Asked Questions
What is copyright?
Copyright is a legal system of protection that arises automatically when someone creates an original work. In English, it is called "copyright" (literally, the right to copy).
Copyright gives you, the creator of an original work, the exclusive right to determine:
- Who may copy or reproduce your work
- Who may publicly display or perform your work
- Who may modify or edit your work
- Who may distribute your work
In Belgium, copyright is regulated by the Code of Economic Law (Book XI, Title 5) and is in line with European directives.
Practical example:
When you take a photo, you as the photographer have the exclusive right to decide who can use, print or post it online. Without your permission, no one may use your photo for commercial purposes or even share it on social media.
When does copyright arise?
One of the key features of copyright law is that it is automatically arises When creating an original work. You do not need to apply or register your work to get protection.
Important to know:
- No registration required: Unlike trademarks or patents, you do not need to file a formal application.
- The © symbol is not required: In Belgium, posting the copyright symbol is not necessary for protection, but it can serve as a warning to others.
- Burden of proof: In the event of a dispute, however, you must be able to prove that you are the creator and when the work was created.
For evidentiary purposes, however, it may be useful to record a date of creation, such as via a i-depot at the Benelux Office for Intellectual Property.
What will be protected?
Copyright protects a wide range of original works, including:
Written works
- Books and novels
- Articles and blogs
- Poems
- Lyrics
- Scenarios
Visual works
- Photos
- Paintings
- Drawings
- Sculptures
- Graphic design
Musical works
- Compositions
- Songs
- Music arrangements
- Recordings
Audiovisual works
- Movies
- Documentaries
- TV programs
- Videos
Digital works
- Software and apps
- Websites
- Computer Games
- Databases
Other creations
- Architectural designs
- Fashion designs
- Choreographs
- Theater Productions
Notice: To enjoy copyright protection, a work must meet two main conditions:
- The work must have a concrete form - Ideas alone are not protected, but their elaboration is.
- The work must be original - It must be the author's own intellectual creation, expressing the personality of the creator.
What will not be protected?
Copyright does not protect everything. The following items are outside of copyright protection:
- Ideas and concepts - Only its concrete elaboration is protected, not the idea itself.
- Facts and information - Pure factual data such as historical events, news events or scientific discoveries are not protected.
- Methods and processes - A specific process or technique cannot be protected by copyright (for this, sometimes patent law monies).
- Official government acts - Legislation and case law are not copyrightable.
- Titles and short sentences - These are usually too short to be considered original work (although titles are sometimes used as trademark can be protected).
- Styles and genres - A general style or genre cannot be claimed (for example, a music genre or art style).
Example:
The idea for a story about a young wizard going to a magic school is not protected. However, the specific elaboration of Harry Potter, with all the details J.K. Rowling came up with, is protected.
What rights do you get?
Belgian copyright law grants two types of rights to the creator:
Property Rights
These are the economic rights that allow you to commercially exploit your work:
- Reproduction rights: The exclusive right to make or permit copies of your work.
- Distribution right: The right to sell, rent or lend copies of your work.
- Public disclosure right: The right to communicate or make your work available to the public (e.g., via broadcast, streaming or live performance).
- Processing right: The right to allow adaptations or translations of your work.
You may transfer or license all or part of these rights to others.
Moral rights
These are personality rights that protect the connection between you and your work:
- Divulgence law: The right to decide when and how your work is made public.
- Paternity Law: The right to be recognized as the creator of the work (or to remain anonymous).
- Integrity Law: The right to oppose changes that may damage your honor or reputation.
Important: These moral rights are inalienable. You cannot assign them, although you can waive their exercise in certain circumstances.
Copyright is a form of property right because it protects economic interests of the creator and can be valued in money. At the same time, because of its moral rights, it also has characteristics of a personality right.
How long does copyright last?
In Belgium (and the European Union), a work is protected during the author's entire life and for 70 years after his death.
For works with multiple authors, this term begins to run from the death of the longest surviving author.
For anonymous works or works under pseudonyms whose author is not known, the term of protection is 70 years from the first publication of the work.
When does copyright expire?
After the protection period of 70 years, the work enters the public domain. This means that anyone can use the work freely without asking permission or paying fees.
Examples of works and their protection status:
- The works of René Magritte (died in 1967) are still protected until 2037.
- The music of Jacques Brel (died in 1978) is protected until 2048.
- The works of James Ensor (died in 1949) entered the public domain in 2020.
Copyright on social media and the Internet
Copyright on social media
When you post photos, videos or text on social media platforms such as Facebook, Instagram or Twitter, you basically retain your copyright. However, most platforms, through their terms of use, obtain a worldwide, non-exclusive license to use your content. This means that although you remain the owner, the platform may use, modify and even sublicense your content without additional permission or compensation.
Copyright and the Internet
The same copyright principles apply in the digital environment as offline, but there are special challenges:
- Images without copyright: For websites and social media, use images that are copyright-free or under an open license. You can find these on platforms such as Unsplash, Pixabay or search for photos under a Creative Commons license.
- Hyperlinks: In principle, you may link to copyrighted material as long as the material is online with the permission of the rights holder.
- Embedding: Embedding third-party content (such as YouTube videos or tweets) is usually allowed, provided the original source allows this functionality.
Copyright on YouTube
Copyright on YouTube concerns the rights creators have to their uploaded videos. YouTube uses a Content ID system to identify copyrighted material. Using someone else's protected music, videos or other content without permission can lead to a copyright claim, where the original rights holder can choose to block your video, monetize it through ads or track it (tracking). You automatically have copyright for your own creations, but you can get additional protection through the YouTube Partner Program.
Difference with other intellectual property rights
Copyright is only one form of intellectual property protection. Here are the main differences from other forms:
| Type of protection | What does it protect? | Need registration? | Duration |
|---|---|---|---|
| Copyright | Original creations (literature, art, music, software, etc.) | No, arises automatically | 70 years after death of author |
| Trademark law | Commercial signs that distinguish products/services (logos, names) | Yes, registration required | 10 years, indefinitely renewable |
| Patent Law | Technical inventions | Yes, registration required | Max. 20 years |
| Model right | Appearance of products (design) | Yes, registration required | 5 years, max. 25 years |
| Database producer law | Substantial investment in databases | No, arises automatically | 15 years |
Notice: Some creations may be protected by multiple forms of intellectual property. For example, a logo may be protected by both copyright and trademark law.
Frequently Asked Questions
Do I have to register my copyright somewhere in Belgium?
No, copyright arises automatically upon creation of the work. Registration is not necessary to obtain protection. However, for evidentiary purposes it can be useful to record the date of creation, for example via an i-depot at the Benelux Office for Intellectual Property.
What is the point of the © symbol?
In Belgium, the copyright symbol (©) has no legal value or requirement. Its use does create a legal presumption that the person whose name appears with it is the copyright holder. Thus, placing this symbol on your work can serve as a warning to third parties that the work is copyrighted.
Do I always own the copyright when I create something?
In principle, yes. In Belgium, copyright always originally belongs to the natural person who created the work. Legal persons (such as companies) cannot be original authors. However, in employment relationships or assignments, property rights (economic rights) can be transferred to the employer or client, provided this is contractually stipulated.
May I use copyrighted works for private purposes?
Yes, there is a exception. You may therefore make copies of copyrighted works for private use. However, this does not give you the right to further distribute or disclose those copies.
What are Creative Commons licenses?
Creative Commons (CC) licenses are standard licenses that allow authors to reserve certain rights and release others. They make it easier for creators to share their work under certain conditions. There are different types of CC licenses, from very permissive (only naming required) to restrictive (no commercial use and no edits allowed).
Can I copyright a translation of an existing work?
Yes, a translation can be considered an original work and be copyrighted. But you need permission from the original author to translate and exploit the work, unless the original work is in the public domain.
What happens if someone violates my copyright?
If someone infringes your copyright, you can take several steps: send a notice, file a cease-and-desist order (through proceedings such as summary proceedings), initiate proceedings on the merits for damages, or, in serious cases, report the infringement to the police (copyright infringement can also be punishable by law). It is advisable to seek legal advice from a specialized lawyer.
What is the difference between copyright and copyright?
'Copyright' and 'copyright' refer to the same legal concept, but come from different legal systems. 'Copyright' is the term used in continental European legal systems such as Belgium, while 'copyright' is the Anglo-Saxon term used mainly in countries such as the US and the UK. The main difference is that European copyright places more emphasis on the moral rights of the creator, while Anglo-Saxon copyright focuses more on economic exploitation. Hence, "authors' rights" is a better translation for copyright than copyright.
Do you have specific questions about copyright?
Copyright law is complex and each situation is unique. Our specialized lawyers in copyright law are ready to advise you on your specific situation.
For a more comprehensive legal analysis of copyright law in Belgium, see our complete legal guide on copyright law.
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