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In a decision on 10 November 1998, the court of appeal in Brussels considered the concept of «the producer». On 8 May 1996, Kladaradatsch! and the Dutch group First Floor Features (FFF) concluded a co-production agreement for the production of a full-length film entitled "Karakter". In serious disagreement as to the exploitation and distribution of the film (the rights for which had been made over by FFF to Walt Disney Studios Belgium), Kladaradatsch! decided to take FFF to court. It claimed violation of its exclusive exploitation rights and of its exclusive distribution rights over the work....

On 28 May 1999 a collaboration protocol came into force between ISPA Belgium (Internet Service Providers Association) and the Ministers for Telecommunications and Justice. The aim of the protocol is to help stamp out illegal acts on The Internet, particularly certain criminal offences (child pornography, racism and infringements of gambling legislation). Although offences committed via The Internet may be sanctioned on the basis of the provisions of the Criminal Code and specific criminal legislation, there are nevertheless difficulties in obtaining evidence concerning such infringements (because...

The official publication of 5 May 1999 contains the new declaration of the revision of the Belgian Constitution. One of the articles that can be modified by the new federal parliament after the elections of 13 June 1999 is article 25 of the Constitution, an article which has not been modified since 1831. The declaration for revision of the Constitution stipulates that the guarantees with regard to the freedom of the press ("The press shall be free; there shall never be any censorship; no security can be demanded of writers, publishers or printers ... ") also have to be made applicable to other...

On 4 May 1999, the Flemish Government agreed in principle on a list of events of major social significance with regard to the application of article 3bis of the "Television without Frontiers" Directive. The list contains an enumeration of international and/or national sport events (e.g., Olympics, football, cycling, tennis, athletics, motor racing, F1 car racing) and recognizes one cultural event as being protected in the sense of article 3bis of the Directive (the Queen Elisabeth Contest). The State Council, the Contact Committee in regard to application of article 23bis of the Directive and the...

The Brussels Court of Appeal heard an appeal against a decision reported in an earlier issue (IRIS 1999-1: 7). The original dispute was between SABAM, a company which manages copyright fees, and the Professional Union for Radio and Television Distribution (RTD), an umbrella organisation for Belgian cable distributors. In the original case, the presiding judge of the Court of First Instance in Brussels sitting in urgent matters had decided that the content of a letter sent by RTD to SABAM as part of negotiations on cable re-transmission rights constituted a violation of the exclusive right of authors...