License contracts, free software and creative commons : an overview of the state of play in Belgium
| Autor: | Vincent Cassiers, Marie-Christine Janssens, Esther van Zimmeren |
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| Jazyk: | angličtina |
| Rok vydání: | 2016 |
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| Zdroj: | Free and Open Source Software (FOSS) and other alternative license odels : a comparative analysis / Metzger, A. [edit.] Ius Comparatum-Global Studies in Comparative Law ISBN: 9783319215594 |
| Popis: | This chapter is aimed at giving an overview of copyright license contracts, free and open source software (FOSS) and creative commons in Belgium. In the area of copyright contracts, similar to other branches of the law, general principles of contract law, including the principle of freedom of contract, dominate. Belgian contract law does not contain special provisions either on license contracts in general or on FOSS and alternative licensing models, such as Creative Commons licenses. Nonetheless, several acts contain mandatory rules that provide specific protection to the author and to licensees who are consumers. These mandatory rules limit parties’ freedom of contract. The main legal framework relevant in this respect is comprised of a set of different statutes including the Belgian Copyright Act of 1994, the Belgian Software Act of 1991, the Law on Market Practices and the Protection of the Consumer of 2010 and the Belgian e-Commerce Act of 2003. As of January 1st 2015, all these statutes are included in the Belgian Code of Economic Law. |
| Databáze: | OpenAIRE |
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