Première décision Creative Commons en Belgique : contrats de licence et modèles économiques du libre accès (First Creative Commons Decision in Belgium: License Agreements and Business Models of Open Access)

Abstract:     
According to a decision of the 26 october 2010, Creative Commons licenses are enforceable in belgian law. Failure to comply with the terms of a CC by-nc-nd license requiring to mention the author's name, and forbidding to use it for commercial advantage and to build any derivative work can lead to the payment of global damages for each of the violated provisions.

The distribution of a work under a free or open license does not prevent injury in case of a breach of the license. The claimants have a right to compensation for their injury independently of an actual and objective damage to their market.

While commenting the decision of the Tribunal de première instance de Nivelles, we will cover various issues like contractual liability, the non-commercial clause, and business models of open access of cultural works.

Note: Downloadable document is in French.

Number of Pages in PDF File: 15

Keywords: copyright, creative commons, non-commercial, CC by-NC, contractual liability, business model

JEL Classification: O34, K12

Accepted Paper Series