An unpublished literary, dramatic, or musical work that is kept in a museum, or other institution to which the public has access.
For research or private study.
Provided that where the identity of the author of any such work, or in the case of a work of joint authorship of any of the authors, is known to the museum the provision of this clause shall apply only if such reproduction is made at a time more than sixty years from the date of the death of the author or, in the case of a work of joint authorship, the death of the author whose identity is known or, if the identity of more authors than one is known, from the death of such one of those authors who dies last. (Note: the basic term of copyright duration is life of author, plus 60 years.)
General exceptions
Reproduction for private purposes
§ 2(1)
“Copy” means a reproduction in the form of words, picture, sounds, letters, written form or in the form of sound recordings, cinematograph film, graphic picture or in the material or non-material form, digital code (fixed or moving) or whether in two or three or surrealistic dimensions.
§ 72
The fair use of certain works for private study or private use including research is not an infringement.
Le Code de droit économique Livre XI «Propriété intellectuelle» http://www.sacd-scam.be/IMG/pdf/2014_10_30_BROCHURE_CODIFIATION_LOI_DROIT_D_AUTEUR.pdf
WIPO study 2014
Specific exceptions
Reproduction for preservation purposes
Article XI.190. (former Article 22 LDA)
Museums can copy for the purpose of preservation of the cultural and scientific patrimony
Must not pursue direct or indirect economic or commercial advantage.
Lawfully published work.
The number of copies is limited to the purpose.
The copy must become part of the institution’s collection.
The rightsholder retains the right to remuneration
The copying must not conflict with the normal exploitation of the work or prejudice the legitimate interests of the author.
Use of works in exhibition catalogues
Article XI.190. (16 °) (former Article 22 LDA)
Lawfully published work
reproduction and communication to the public for advertising the public exhibition or event of artistic works, to the extent necessary to promote the event in question, excluding any other commercial use;
Making available for research or study on the premises
Article XI.190. (8) (13) (former Article 22 LDA)
Lawfully published work
communication including making available to individuals, for purposes of research or private study, works that are not offered for sale or subject to conditions of license, and are part of collections of publicly accessible museums which are not for commercial advantage direct or indirect economic or by means of special terminals available in the premises of the museums;
Article XI.191 (former Article 22bis LDA)
With respect to databases, the communication made for purposes of illustration teaching or scientific research by recognized institutions or officially organized the purpose by the authorities and provided that such communication is justified by the non-profit objective, lies within the normal activities of the institution, be done solely
by means of closed transmission networks of the establishment and does not affect the normal exploitation of the database, and unless this proves impossible, the source, including the author's name, or indicated;
reproduction in any medium other than paper or similar support, works carried out in the family circle and reserved thereto;
Reprographic reproduction
Article XI.190. (5) (former Article 22 LDA)
Lawfully published work
fragmentary or reproduction of articles, works of plastic or graphic art or of short fragments of other works, except partitions, when the reproduction is performed on paper or similar support, by means of any photographic technique or by any other method producing a similar result in a strictly private purpose and without prejudice to the operation normal of the work;
Use for educational and scientific research
Article XI.190. (6) (7) (former Article 22 LDA)
Lawfully published work
Fragmentary or reproduction of articles, works of plastic or graphic art or of short fragments of other works, for purposes of illustration for teaching or scientific research, to the extent justified by the nonprofit continued and that does not prejudice the normal exploitation of the work, provided at unless this proves impossible, the source, including the author's name, is indicated.
Reproduction :
on paper or on a medium similarly, using a photographic technique or any other method that produces a similar result;
