Copyrights Law in Luxembourg
Copyright law in Luxembourg is governed by both national legislation and European Union (EU) directives. Here’s a detailed overview:
📚 Legal Framework
1. National Law
The primary law governing copyright in Luxembourg is:
Law of April 18, 2001 on copyright, neighboring rights, and databases.
This law implements EU directives and aligns with international treaties.
2. International Agreements
Luxembourg is a member of several key treaties:
Berne Convention (for the Protection of Literary and Artistic Works)
WIPO Copyright Treaty (WCT)
TRIPS Agreement (under WTO)
Rome Convention (for neighboring rights)
🖋️ What is Protected?
Copyright protects original works of authorship, including:
Literary works (books, articles)
Musical works
Visual arts (paintings, photographs, sculptures)
Films and audiovisual works
Software
Databases (if original in structure)
⏳ Duration of Protection
Author's lifetime + 70 years after death
For anonymous/pseudonymous works: 70 years from publication
Related (neighboring) rights (e.g., performers, producers): generally 50 years
✅ Conditions for Protection
No registration is required.
Protection is automatic upon creation, as long as the work is original and expressed in a tangible form.
📥 Moral & Economic Rights
Moral Rights (non-transferable):
Right of attribution (credit)
Right to object to modification or distortion of the work
Economic Rights (transferable/licensable):
Right to reproduce
Right to distribute
Right to perform/display
Right to make derivative works
Right to communicate to the public (including online)
⚖️ Exceptions & Limitations
Luxembourg law includes exceptions similar to EU copyright law, including:
Private copying
Quotation for criticism or review
Educational use
Use by libraries and archives
Parody, caricature, and pastiche
🛡️ Enforcement & Infringement
Rights holders can take civil or criminal action in case of:
Unauthorized copying, distribution, or use
Online piracy
Circumvention of digital rights management (DRM)
Penalties include:
Injunctions
Compensation/damages
Fines and/or imprisonment for criminal offenses
📌 Practical Notes
Luxembourg follows the EU Digital Single Market copyright reforms.
Collective management organizations (e.g., SACEM Luxembourg) handle licensing and royalty collection.
Luxembourg supports orphan works and out-of-commerce works frameworks as per EU regulations.
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