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IRIS 1997-10:1/8 [BE] Right of Oblivion against Freedom of Expression

Belgian television viewers cannot look forward to seeing "Meurtre aux Champs" ("Murder in the Fields"), a film made for the famous "Strip-tease" programme, in the near future. The film is about the trial of a farmer who, in 1993, had killed the landlord of one of his fields. The farmer and his family had already managed to get the film suspended by a summary order injunction, which was then confirmed following an appeal. The District Court of Brussels, deciding on the merits of the case, banned the RTBF from broadcasting the film as long as the plaintiffs refused to give their permission. The...

IRIS 1997-8:1/25 [BE] New Official Audio-visual Monitoring Body (CSA) for the French-speaking Community

On 17 July 1997 the Council of the French-speaking Community, and then on 21 July the Community's Government, adopted a decree concerning the official audio-visual monitoring body ( Conseil Supérieur de l'Audiovisuel - CSA ), which strengthens and rationalises the regulatory bodies which were set up in 1987. The decree of 21 July 1997 also changes the legal status of private radio broadcasters. Strengthening and rationalising the CSA The decree demonstrates a very strong desire to adapt the CSA in keeping with its tasks. Thus the CSA itself has just four members (one chairman and three vice-chairmen)...

IRIS 1997-4:1/25 [BE] Flemish Community: Draft Decree to turn the Flemish public broadcaster (BRTN) into a limited liability company under public law

On 21 January 1997, the Government of the Flemish Community of Belgium sent to the Flemish Parliament a draft Decree to turn the Flemish public broadcaster (BRTN) into a limited liability company under public law together with an Explanatory Memorandum of more than 100 pages. The fact that BRTN is to become a limited liability company `under public law' implies that, in principle, the general company law provisions will apply to it, unless specific provisions laid down by law, derogate from this principle, which will be the case where the general provisions would affect BRTN's public mission....

IRIS 1997-2:1/12 [BE] Who owns the electronic rights?

Electronic rights are the rights needed to exploit a copyrighted work in a digital environment. In the Copyright Acts of several EU Member States, the author of a work is protected against a too broad transfer of rights. The consequence of this is that there can be uncertainty about who owns the electronic rights if earlier copyrights are granted. Are the rights on future forms of exploitation, like the electronic exploitation, included in the grant of rights? A Belgium court decided in such a matter. In Belgium newspaper publishers started an on-line service called `Central Station' in which...

IRIS 1997-1:1/28 [BE] The Flemish Community's media policy priorities for 1997

On 17 October 1996, Mr Eric Van Rompuy, the Minister of the Flemish Community of Belgium who is responsible for media policies, send to the Flemish Parliament an informative document on the present state of affairs of media policies in the Flemish Community and on the policy priorities for 1997. The document is a follow-up to his policy letter of 26 October 1995 in which he set out the priorities of media policies for the period 1995-1999 (see IRIS 1996-1: 13). According to Mr Van Rompuy, contrary to what has been reported in the press, the European Commission did not yet start the infringement...