Evolving Case Law On Online Copyright Infringement

The Antwerp Court of Appeal has recently ruled on a series of cases (December 2023 – October 2024) concerning online copyright infringements. These cases often originated from an intermediary internet enterprise employing search software to detect potential infringements and subsequently claim damages in the authors names. In January 2025, the Ghent Court of Appeal aligned itself with the reasoning of the Antwerp Court.

Key takeaways

• High originality threshold: In its rulings, the courts have emphasized the need for substantive proof, requiring a specific object and free creative choices, as recognized in the CJEU's Painer judgment (C-145/10, 1 December 2011).
• Damage calculation principles: Furthermore, the courts applied the principles governing damages calculation, reiterating the prohibition of punitive damages under Belgian law and confirming that restitution in integrum remains the guiding principle. The assessment of damages must primarily reflect the