Dear WMBE, dear Public Policy list,
According to a Belgian architect bureau I have been in touch with (and the Atomium itself http://atomium.be/AuthorsRights.aspx), FoP in Belgium is valid only for non-commercial purposes, because of the Berne 3-Step-Test. See attachment.
I find this explanation very unconvincing, because the so-called 3-Step-Test is valid in all EU Member States and thus would mean that FoP for commercial purposes is questionable everywhere in the EU.Furthermore, I would argue that the "normal exploitation of a work" in the case of architecture isn't printing it on a T-shirt and selling it.
Anyhow, this is the thesis currently circulating in Belgium among some groups. It would be good to have our own legal expertise on this (checking with WMF legal).
Greetings,
Dimi