Luxembourg has implemented the Private copying (Art. 5.2(b) InfoSoc) exception in Article 10, 4° de la Loi du 18 avril 2001 sur les droits d’auteur, les droits voisins et les bases de données. The national exception closely resembles the EU exception.
Implementation summary:
This exception allows for the reproduction on any medium by a natural person for their private use and for purposes not directly or indirectly commercial, provided that the rightsholders receive fair compensation, which takes into account the application of the technical measures referred to in Articles 71ter to 71quinquies of this Law to the works concerned. The conditions for determining and collecting, as well as the amount of the compensation are fixed by Grand Ducal Regulation.
Implementation details:
Beneficiaries:
- natural persons
Purposes:
- private use of the beneficiery
Usage:
- reproduction
Subject Matter:
- works
- performances
- phonograms
- film fixations
- broadcasts
Compensation:
- fair compensation required
Attribution:
- no attribution required
Other Conditions:
- works used must be lawfully made available to the public
Introduced/last updated: 18 April 2004
Remarks: The scope of the exception is extended to neighbouring rights under Art. 46 (1), 4° - for performers, phonogram and film producers; and Art. 55 - for broadcasters. All exceptions apply mutatis mutandis to the distribution right.
