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ARTICLE · 10 MARCH 2023

Recital 72 Versus Employment Agreements

Timelex
Timelex
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Since 1 August 2022, Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (‘DSMD') has been transposed into book XI of the Belgian Economic Law Code.

BelgiumIntellectual Property
Pedro Demolder
Pedro Demolder
Siyanna Lilova
Siyanna Lilova

Since 1 August 2022, Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC ('DSMD') has been transposed into book XI of the Belgian Economic Law Code ('ELC'). The law entered into force immediately, providing in its Article 99 that the rules apply to works and performances protected by copyright or related rights on or after 7 June 2021. The latter being the date on which the DSMD should have been transposed by Member States.

What are the new rules for employment contracts?

This blog aims to shine a light on some of the more underexposed provisions of the DSMD, specifically in their application to employment agreements. These are the provisions of Chapter 3 of the DSMD relating to Fair remuneration in exploitation contracts of authors and performers. Five rights in particular warrant attention:

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