Luxembourg has implemented the Reporting by the press on current events (Art. 5.3(c) 2nd part InfoSoc) exception in Article 10, 3° 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, for information purposes, of short fragments of works or works of plastic arts in their entirety for the purposes of reporting current events to the extent justified by the informatory purpose and subject to indicating, unless this proves impossible, the source, including the name of the author.

Implementation details:

Beneficiaries:

• any user

Purposes:

• reporting of current events

Usage:

• reproduction

Subject Matter:

• works (short fragments thereof)
• works of plastic arts (in their entirety)
• performances
• phonograms
• film fixations
• broadcasts

Compensation:

• no compensation required

Attribution:

• the source, including the name of the author, must be indicated, unless impossible

Other Conditions:

• works used must be lawfully made available to the public
• only fragments of works and other subject matter, subject to neighbouring rights, can be used, except for works of plastic arts, which can be used in their entirety
• use must be limited to the extent justified by the informatory purpose

Introduced/last updated: 18 April 2004

Remarks: The scope of the exception is extended to neighbouring rights under Art. 46 (1), 2° - for performers, phonogram and film producers; and Art. 55 - for broadcasters. All exceptions apply mutatis mutandis to the distribution right.