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
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