For the purpose of Article 9(1), the image is public property, that is, the image itself and all contents and information contained therein are available for the public.
The law in Belgium also prohibits images of any kind made out of the privacy of a person’s body without their permission (Article 9(5)).
Are photographs protected by copyright?
The right of copyright exists on the basis of the principle of the creation of an author’s work, that is, on the creative and original nature of the original work. A photograph is an image without copyright, which is one that belongs to a human being, who creates it. While there is a very limited exception in Belgium, with respect to works which are not themselves the subject of a work, the right of reproduction does not exist in Belgium and may not be extended in any way.
Copyright and Copyrights in Belgium
Belgium has a long history and continuity of copyright laws and rights. It belongs to a group of countries which include countries such as Mexico, France, Germany, Portugal and Japan. Belgium has one of the highest degree of protection of copyright in the world and one of the oldest copyright protection for works. All works published or produced between 12th June 1905 and 15th April 1997 must have some form of copyright protection. If a title and summary are published, then they must be reproduced using copyright.
There are no copyright rights in photographic pictures, which means that if you want to use a photograph in the article, you have to give the publisher attribution. To show the text (in a book or in a pamphlet) that is in an image, you have to use the photograph itself or the text in the picture.
The copyright holders have the right to apply and remove copyright from photographs. If the copyright holder does not want any changes, they have to apply the following process:
1. The sender applies for the copyright in the photograph. 2. The sender shows his or her permission of the author and his or her copyrights in the photograph 3. The sender gives the copyright to the copyright holder. 4. The copyright holder then applies to have the photograph removed from the website 4.5. The copyright holder applies for the copyright in the photo, the date the photographer received the photo from the sender, the year the photograph was published or made and the type, size, genre or category of the photograph. 5. The copy of the email from sender and sender of the photo must be sent to
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