Luxembourg has implemented the Ephemeral recordings made by broadcasters (Art. 5.2(d) InfoSoc) exception in Article 10, 9° 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 ephemeral recordings made by a broadcasting organization by its own means and for its broadcasts. These recordings may be kept in official archives if they have an exceptional documental value.
Implementation details:
Beneficiaries:
- broadcasting organizations
Purposes:
- for the purpose of beneficieries' own broadcasts
- archivation
Usage:
- ephemeral recordings
- 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
- works must be used by beneficieries' own means
Introduced/last updated: 18 April 2004
Remarks: The scope of the exception is extended to neighbouring rights under Art. 46 (1), 7° - for performers, phonogram and film producers; and Art. 55 - for broadcasters. All exceptions apply mutatis mutandis to the distribution right.
