Luxembourg has implemented the Temporary acts of reproduction (Art. 5.1 InfoSoc) exception in Article 10, 5° 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 provisional reproduction, which is transitory or incidental, which constitutes an integral and essential part of a technical process, which has no independent economic significance and whose sole purpose is to allow transmission in a network between third parties by a intermediary or lawful use of a work.

Implementation details:

Beneficiaries:

• intermediaries (transmission between third persons in a network)
• any user (lawful use)

Purposes:

• transmission in a network between third parties by a intermediary
• lawful use of a work

Usage:

• provisional reproduction

Subject Matter:

• works
• performances
• phonograms
• film fixations
• broadcasts

Compensation:

• no compensation required

Attribution:

• no attribution required

Other Conditions:

• temporary acts of reproduction must be transitory or incidental
• temporary acts of reproduction must constitute an integral and essential part of a technical process
• temporary acts of reproduction must have no independent economic significance
• 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), 5° - for performers, phonogram and film producers; and Art. 55 - for broadcasters. All exceptions apply mutatis mutandis to the distribution right.