Luxembourg has implemented the Quotation for criticism or review (Art. 5.3(d) InfoSoc) exception in Article 10, 4° 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 short quotations in the original or in translation, justified by the critical, polemical, educational, scientific or informational nature of the work in which they are incorporated. These uses must comply with fair practice, must not pursue a profit-making purpose and must not harm neither the work nor its exploitation. The name of the author and the title of the work reproduced or cited must be mentioned if they appear in the source.

Implementation details:

Beneficiaries:

• any user

Purposes:

• critical, polemical, educational, scientific or informatory use
• non-commercial

Usage:

• any use (short quotation)

Subject Matter:

• works (including in translation)
• performances
• phonograms
• film fixations
• broadcasts

Compensation:

• no compensation required

Attribution:

• the name of the author and the title of the work reproduced or quoted must be mentioned if they appear in the source

Other Conditions:

• works used must be lawfully made available to the public
• use must comply with fair practice
• use must not pursue a profit-making purpose
• use must be justified by the purpose pursued
• use must not harm neither the work nor its exploitation.

Introduced/last updated: 18 April 2004

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