Luxembourg has implemented the Reproductions by Libraries, Archives & Museums (Art. 5.2(c) InfoSoc) exception in Article 10, 10° de la Loi du 18 avril 2001 sur les droits d’auteur, les droits voisins et les bases de données. The national exception is slightly more restrictive than the EU exception.

Implementation summary:

This exception allows for the reproduction of a work lawfully accessible to the public, made by a publicly accessible library, an educational institution, a museum or an archive that does not seek any direct or indirect commercial or economic benefit for the sole purpose of preserving the heritage and carrying out any work reasonably useful for the safeguarding of that work, provided that it does not harm the normal exploitation of said works and does not cause harm that this communication is analog and is done within the institution.

Implementation details:

Beneficiaries:

  • publicly accessible library, an educational institution, a museum or an archive that does not seek any direct or indirect commercial or economic benefit

Purposes:

  • preservation

Usage:

  • reproduction

Subject Matter:

  • works
  • performances
  • phonograms
  • film fixations
  • broadcasts

Compensation:

  • no compensation required

Attribution:

  • no attribution required

Other Conditions:

  • works used must be lawfully made available to the public

Introduced/last updated: 01 April 2022

Remarks: The scope of the exception is extended to neighbouring rights under Art. 46 (1), 8° - for performers, phonogram and film producers; and Art. 55 - for broadcasters. All exceptions apply mutatis mutandis to the distribution right.

With the implementation of the CDSM Directive, the requirements of art. 6 of the directive were integrated into the already existing provision of art. 10, p. 10°. Since the pre-existing exception was already limited to preservation purposes, the CDSMD transposition did not entail significant changes in the scope of the exception. The main modification consist in inserting 'depositary institutions of cinematographic or sound heritage' as beneficiaries of the exception. Its scope was also expressly extended to database rights (new paragraphs 2, 3 and 4 to art. 10bis) and rights in computer programs (new paragraphs 2 and 3 in art. 35).