Best Copyright Lawyers in Hasselt
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Find a Lawyer in HasseltAbout Copyright Law in Hasselt, Belgium
Copyright in Hasselt is governed by Belgian law and European Union law. The core rules sit in Book XI of the Belgian Code of Economic Law, which applies throughout Belgium, including Hasselt. EU directives and regulations shape many aspects, such as online platforms, text-and-data mining, and exceptions for education and libraries.
Copyright protects original literary and artistic works, including text, music, software, photographs, films, visual art, architecture, and more. It gives creators exclusive economic rights to reproduce, distribute, and make their works available, and strong moral rights to be named and to object to changes that harm their reputation.
If you live or do business in Hasselt, local courts and authorities can handle copyright matters. Proceedings are usually in Dutch. For larger or cross-border disputes, Belgian and EU frameworks provide additional tools and remedies.
Why You May Need a Lawyer
You may need a lawyer if someone uses your work without permission. A lawyer can assess infringement, quantify damages, send a cease-and-desist letter, bring an urgent action, or negotiate a settlement or license.
If you have received a takedown notice, claim, or invoice from a rights holder or collecting society, a lawyer can check whether the claim is justified, whether an exception applies, and what responses are low-risk and cost-effective.
Businesses in Hasselt often need help with licensing music, images, software, and content for websites, shops, events, and advertising. A lawyer can review tariffs, collective licenses, and supplier contracts, and ensure you have the correct permissions.
Creators and startups benefit from clear contracts with clients, collaborators, employees, and freelancers. A lawyer can draft assignment or license clauses, moral rights waivers where appropriate, and revenue-sharing terms tailored to Belgian law.
In online disputes, including platform removals or counter-notices, a lawyer can guide you through EU notice-and-action processes and preserve evidence properly.
When speed matters, a lawyer can help obtain a descriptive seizure order in Belgium to secure proof of infringement at a suspected site in or around Hasselt, and can seek urgent injunctions to stop ongoing harm.
Local Laws Overview
Legal sources. The main Belgian rules are in the Code of Economic Law Book XI - Intellectual Property, especially Title 5 on copyright and related rights. EU law, such as the Copyright in the Digital Single Market Directive, is implemented in Belgium and affects platforms, text-and-data mining, education, and press publishers rights.
Scope and term. Protection arises automatically when a work is created, with no registration. Economic rights generally last for the life of the author plus 70 years. Related rights protect performers, phonogram producers, film producers, broadcasters, and press publishers with durations set by law.
Moral rights. Belgian law provides strong moral rights, including attribution and integrity. Moral rights are in principle inalienable and continue after death, typically exercised by heirs or designated persons. They require careful drafting of waivers or consents in contracts.
Ownership and transfer. Outside specific statutory presumptions, the author owns the rights. For software created by employees in the course of employment, economic rights typically vest in the employer unless agreed otherwise. In audiovisual production there is a statutory presumption of transfer to the film producer for exploitation. For other commissioned works, rights stay with the creator unless there is a written assignment or license.
Licensing. Licenses and assignments should be in writing, specify the rights granted, territory, duration, media, and remuneration. Collective management organizations administer many uses, including public performance of music and reprography. Tariffs are regulated and supervised by the federal authorities.
Exceptions and limitations. Belgian law includes exceptions for quotation, criticism and review, caricature-parody-pastiche, illustration for teaching, library and archive uses, private copying subject to levies, news reporting, and certain uses by people with disabilities. There is also a freedom of panorama exception for works permanently located in public places in Belgium. EU rules allow text-and-data mining for research organizations and, more broadly, for others unless the rightsholder has opted out in a machine-readable way.
Digital services and platforms. Online content-sharing services have specific duties to seek licenses and to act on notices, while respecting users rights under exceptions. Hosting providers have conditional liability based on knowledge and prompt action.
Enforcement. Belgian courts can grant injunctions, damages, delivery up of infringing goods, and publication of judgments. Belgium provides a powerful evidence-gathering tool known as a descriptive seizure, allowing a court-appointed bailiff and expert to document suspected infringement. Customs measures can block imports of counterfeit goods.
Limitation periods. Civil claims for damages are generally subject to a five-year period from when you knew of the damage and the infringer, and in any event are time-barred after a longer maximum period set by law.
Courts in Hasselt. Copyright disputes in Hasselt typically go to the Enterprise Court of Limburg or the Court of First Instance Limburg, depending on the parties and claims. Urgent applications can be brought in summary proceedings. Appeals generally go to the Antwerp Court of Appeal. Proceedings are usually in Dutch, with translation when needed.
Frequently Asked Questions
Do I need to register my copyright in Belgium
No registration is required. Protection is automatic from the moment your work is created and expressed. You can, however, use tools to prove creation date and authorship, such as deposits with a notary, a bailiff, or a time-stamped i-DEPOT. These are evidentiary tools, not registrations.
How can I prove that I am the author of my work
Keep drafts, source files, dated emails, and version history. Consider a bailiff deposit, a notarial deposit, or a reputable time-stamping service such as an i-DEPOT for a sealed proof of date. For software, keep repository logs. Contracts and invoices that describe the work also help.
Can I use images or music I find on the internet
Not without permission unless an exception applies or the work is under a license that allows your intended use. Check the license terms carefully. Even free-to-use licenses often require attribution and may restrict commercial uses. When in doubt, seek a license or use stock content you have paid for.
What counts as fair quotation or short excerpt under Belgian law
Quotation is allowed for purposes such as criticism, review, or illustration, in proportion to the purpose and with proper attribution. The excerpt must be limited to what is necessary, and the source and author must be named when possible. The exception does not permit use that substitutes for the original.
Can I photograph buildings and public art in Hasselt and use the images
Belgian law provides a freedom of panorama exception for works permanently located in public places, which generally allows you to use such images. Ensure the work is indeed permanently placed and consider privacy, trademark, and property rules. If an artwork is the main subject for merchandising, seek advice to confirm your use is covered.
Who owns the copyright when I hire a freelancer or agency
By default the creator owns the rights. You need a written assignment or license that clearly transfers the necessary rights to you, including specific media, territory, duration, and any adaptations. Moral rights remain with the creator, though consents can be agreed for certain uses.
What about works created by employees
For software created by an employee in the course of employment, the economic rights typically vest in the employer unless the contract says otherwise. For other works, rights usually remain with the employee unless transferred in writing. Employment contracts should include clear IP clauses and respect moral rights.
What should I do if my work is infringed online
Collect evidence immediately with full page captures, URLs, timestamps, and server logs. Preserve source files and proofs of authorship. Consider sending a platform notice in line with the site rules, and a cease-and-desist letter. For serious cases, talk to a lawyer about a descriptive seizure in Belgium, urgent injunctions, and damages. Avoid inflammatory communications that could harm your case.
How do music licenses work for shops, bars, or events in Hasselt
Public performance of music requires licenses. In Belgium, a joint platform offers combined tariffs on behalf of collecting societies for authors, performers, and producers. Check the applicable tariff for your venue size and usage, and keep proof of payment. Live events and recorded background music are handled under different tariffs.
What are the risks and penalties for infringement
Civil courts can order you to stop the use, pay damages and costs, surrender profits, and publish the judgment. In serious counterfeiting cases there can be criminal sanctions. Equipment and infringing copies may be seized. Costs grow quickly, so early legal advice is important.
How do AI and text-and-data mining rules affect me
Protection only covers works with human creative choices. Purely machine-generated output without such choices may not be protected. Text-and-data mining is allowed for research organizations and, for others, unless the rightsholder has opted out in a machine-readable way. Training or deploying AI may still require licenses for datasets. If you use AI outputs, check that your inputs and intended uses do not infringe, and address warranties in your contracts.
Additional Resources
Federal Public Service Economy - Belgian Intellectual Property Office. Provides guidance on copyright, collective management oversight, and enforcement information.
Unisono. Centralized licensing platform for public performance of music in Belgium for businesses and events.
SABAM. Authors society for music, audiovisual and literary works, managing public performance and reproduction rights.
PlayRight. Collecting society for performers, managing neighboring rights and equitable remuneration.
SIMIM. Collecting society for producers of sound recordings, relevant for recorded music uses.
Auvibel. Private copying levy organization for devices and media subject to fair compensation in Belgium.
Reprobel. Collective management organization for reprography and educational copying for authors and publishers.
SOFAM. Collective management for visual artists, including photographers and illustrators.
Benelux Office for Intellectual Property - i-DEPOT. Time-stamping service that can help prove the existence and date of a creation.
Belgian Customs and Excise. Handles border measures to detain counterfeit goods on request by rightsholders.
Balie Limburg. Local bar association for finding a Dutch-speaking lawyer in Hasselt and surrounding areas.
Orde van Vlaamse Balies. Flemish Bar umbrella organization with a lawyer directory and guidance on legal aid.
Next Steps
Clarify your goal. Decide whether you want to stop an infringement, obtain compensation, secure a license, or clean up your compliance risk. Your strategy and budget will follow from this.
Preserve evidence. Save originals, drafts, contracts, and invoices. Capture screenshots and source code with timestamps and URLs. Consider using a bailiff to record evidence in Belgium for stronger probative value.
Assess your rights and exposures. Identify who owns the rights, which rights are implicated, and whether exceptions may apply. For businesses, map all content uses in shops, online, and in marketing to check licenses.
Seek early legal advice. Contact a copyright lawyer in Hasselt or the wider Limburg area. Bring all documents, a timeline, and your objectives. Ask about urgent options such as descriptive seizure or interim injunctions if harm is ongoing.
Engage or respond carefully. Before sending demands or responding to a claim or invoice from a collecting society or a platform, have a lawyer review wording and strategy. Polite, precise communication reduces risk.
Plan compliance. Put written IP clauses into employment and freelancer contracts, set a content clearance checklist for marketing, and maintain license records. For venues and events, register with the appropriate licensing platform in advance.
Mind deadlines and costs. Limitation periods, court filing time limits, and platform response windows can be short. Ask your lawyer for a cost estimate and whether alternative dispute resolution or settlement might be appropriate.
Follow up and document outcomes. Keep records of takedowns, licenses, settlements, and judgments. Update internal policies to prevent repeat issues.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.