Transfer of copyright: what you need to know

Whether you're an entrepreneur, artist, freelancer or employer, it's essential to understand how copyright can be transferred, licensed or inherited in Belgium. Below are the main principles you should be aware of.

Copyright is transferable and assignable

TThe rights granted to an author can be transferred, in whole or in part, through:

• a licence (permission to use the work without transferring ownership),
• a temporary authorisation (such as a rental or limited use),
• or an assignment (a permanent transfer, similar to a sale).

⚠️ Some transfers may, however, be limited in time (e.g. 10 years), or subject to the fulfilment of certain contractual obligations by the assignee. If these conditions are no longer met, the rights may revert to the author.

Numerous rules apply to these forms of transfer, depending on:

• the type of work and how it is used,
• the legal status of the author (freelancer, employee, civil servant, etc.).

The rights are transferred to the heirs after the death of the author or performing artist.

The law protects the weaker party

Belgian law favours the party considered to be weaker in a contractual relationship. In case of dispute, all licences must be proven in writing and are subject to restrictive interpretation. The author's word, even before a witness, is not sufficient to establish the truthfulness of the authorisation/assignment. Vagueness works against the assignee.

Legal authorisations

Certain uses are legally permitted without the need for prior authorisation from the author, within specific limits. These include:

• public lending,
• reprography,
• private copying,
• educational use,
• orphan works and out-of-commerce works.

Most of these exceptions entitle the rights holders to remuneration, which is collected and distributed by recognised collective management organisations in Belgium (e.g. SABAM, SOFAM, PlayRight).
👉 These payments are often automatic and cumulative—make sure you are informed and claim what you're entitled to.

Legal limitations on copyright

a. Duration of protection

Under a European directive transposed into Belgian law, rights are limited to 70 years after the author's death, starting from January 1 of the following year.
For the services of performing artists, the protection period is shorter.

b. Permitted uses without consent

Copyright is not absolute. Some uses are allowed without authorisation, including:

• quotation,
• parody,
• criticism and scientific analysis
• ...

c. Non-transferable rights

To protect authors and performing artists, the law stipulates in certain cases that rights cannot be assigned to third parties, even if the author might consider doing so. These are called non-assignable rights.
👉 If the contract provides for an assignment, it will have no value.