Search results : 234

In July the Belgian Federal Parliament adopted legislation transposing Directive 96/9 of 11 March 1996 on the legal protection of databases ( see IRIS 1996-3: 6 and IRIS 1996-2: 13). Firstly, a specific law recognises the rights of the producer of a database and provides for important exceptions as regards the legitimate user. Secondly, a number of amendments to the Copyright and Neighbouring Rights Act of 30 June 1994 relate to the protection of copyright regarding databases. A new Article 22a sets out the ways in which the originator of a database may not prohibit certain applications of reproduction...

In 1994 the RTBF broadcast a report entitled Belgica Nostra on the activity of Mafia-type organisations in Belgium and their connections with political, economic and financial circles in Belgium. The report was produced by the journalist Mrs Van De Moortel who had spent several months carrying out a very careful investigation with a view to denouncing the establishment of the Mafia in Belgium. Members of the Di Luciano family (referred to hereinafter as "the applicants") complained that the RTBF and Mrs Van De Moortel have impliedthat they maintained relations with the Mafia. Although the applicants...

In August 1997 the Council of Ministers (Federal Government) instigated proceedings to have the decree of the Flemish-speaking Community of 20 December 1996 on the authorisation of televised services annulled. According to the Council of Ministers the televised services which the Flemish-speaking Government (and in future the Flemish-speaking Media OfficeCommissariat voor de media) may authorise extend beyond the concept of broadcasting and television. According to the Council of Ministers the televised services which the http://services.obs.coe.int/en/index.htm Flemish-speaking Community is...

On June 1998 the Court of Appeal in Brussels delivered a decision in the dispute between Uradex, a company managing the neighbouring rights of writer-performers and performing artists (the artists) and the Professional Radio and Tele-distribution Union ( RTD), an umbrella organisation for Belgian cable distributors. The main point in the Uradex claim was that the members of the RTD were prejudicing the artists' neighbouring rights by broadcasting their services on cable without authorisation. Uradex therefore applied to the Court for an order to put a stop to such unauthorised broadcasting by...

On 31 March the Flemish Parliament voted some important amendments to the 1995 Decree on radio and television. The revision of this Decree was necessary considering the case law of the Court of Justice of the European Communities (CJEC) on the application of the Television without Frontiers Directive (Case C11/95, CJEC 10 September 1996 and Case C-56/96, CJEC 5 June 1997, see IRIS 1996-10: 3 and IRIS 1997-7: 5) and because of the decision of 26 June 1997 by the European Commission (see IRIS 1997-9: 4) that considered the monopoly of the Flemish commercial broadcasting organisation ( VTM) to be...