Luxembourg has implemented the Use for the benefit of people with a disability (Art. 5.3(b) InfoSoc) exception in Article 10, 11° 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 and communication to the public of works for the benefit of persons with a disability, which are directly related to the disability in question and are of a non-commercial nature, to the extent required by that disability.

Implementation details:

Beneficiaries:

• any user (not specified)

Purposes:

• for the benefit of persons with a disability
• non-commercial

Usage:

• reproduction
• communication to the public

Subject Matter:

• works

Compensation:

• no compensation required

Attribution:

• no attribution required

Other Conditions:

• works used must be lawfully made available to the public
• use must be directly related to the disability in question and be of non-commercial nature
• use must be limited to the extent required by the disability

Introduced/last updated: 18 April 2004

Remarks: The scope of the exception does not extended to neighbouring rights under Art. 46 (1) or Art. 55. All exceptions apply mutatis mutandis to the distribution right.