Summary
The article examines the scope of the term “broadcasting” in Article 41 of the Belgian Copyright Act, which subjects the broadcasting of commercial phonograms to a compulsory licence with equitable remuneration for performers and producers. The question is whether non-interactive forms of webcasting fall under that licence or under the exclusive right of communication to the public. The author reviews the main objections: the making available right, the definitions of broadcasting in the international treaties, the narrow reading of exceptions and the three-step test. He concludes that the texts allow an evolving reading that includes non-interactive webcasting, and links the question to European developments in collective management and to the risks of multichannel services.
Reference
H. Haouideg, « Diffusion en continu sur Internet : le webcasting constitue-t-il une radiodiffusion au sens de l'article 41 LDA ? », A&M, 2006/1, p. 10-20.