The judge has concluded that there was consequently a material reproduction by ﬁxation of thework and communication of this to the public in accordance with article 1 of the Belgian act oncopyright.Because there is a reproduction and availability to the public by Google of the copy of the originaldocument stored in its own memory.That’s why the practice at Google consisting of saving works protected by copyright in its so-called «cached» memory and of allowing Internet users to access from the said memory itself (without referral to the original site) consequently constitutes an act of reproduction andcommunication to the public.
That it is apparent that by reproducing titles of articles and short extracts from articles on its siteGoogle.News, Google reproduces and communicates works to the public protected by copyright.
Elements of the decision
In its judicial decision of May 5th 2011, the Court of appeal of Brussels stated that the activities of Google News and the use of the Google «cache» notably violate the laws relating to copyright andrelated rights (1994). It was already stated in the ﬁrst decision of February 2007.Like in 2007, Google could not establish that it could maintain any exception as stipulated by thelaws relating to copyright and related rights (1994).Exceptions rejected
Exception of citation
Considering that pursuant to article 21 § 1st of the act of 30 June 1994 (as modiﬁed by the actof 22 May 2005): “Citations drawn from a lawfully published work, carried out with a view to critique,polemic, review, teaching or in scientiﬁc works, in accordance with honest use in the profession andinsofar as justiﬁed in the aim pursued, do not damage copyright.The citations stated in the previous paragraph must mention the source and the name of theauthor unless that should prove impossible.»
because articles cited were not in the framework of a coherent commentary of which they must only comprise an illustration. The review under this exception must also compriseother elements. Considering that Google.News is exclusively made up of extracts of newspaper articles groups by topic and that the reference is completeley automated, the exception of citationcould not applied.
Exception for reporting news
Considering that pursuant to article 22 §1 of the act of 30 June 1994 “When the work waslawfully published, the author cannot prohibit: