Luxembourg has implemented the Use of public speeches and public lectures (Art. 5.3(f) InfoSoc) exception in Article 10, 8° and 13° 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:
The exception under art. 10 (13°) allows for the use of short extracts from public conferences or similar works, to the extent justified by the purpose of information pursued and provided that the source, including the name of the author, is indicated, unless this proves impossible. Also, the exception under art. 10 (8°) allows for the use of official acts of the authority and their official translation, as well as speeches delivered in deliberative assemblies, public hearings of the courts or political meetings. The right to separate or collect speeches is expressly reserved to the author.
Implementation details:
Beneficiaries:
- any user
Purposes:
- informatory purpose
Usage:
- any use
Subject Matter:
- short extracts from public conferences or similar works
- official acts of the authority and their official translation, as well as speeches delivered in deliberative assemblies, public hearings of the courts or political meetings
Compensation:
- no compensation required
Attribution:
- the source, including the name of the author, must be indicated, unless this proves impossible (in the case of art. 10 (13°))
- no attribution required (in the case of art. 10 (8°))
Other Conditions:
- works used must be lawfully made available to the public
- use must be limited to the extent justified by the purpose of information pursued (in the case of art. 10 (13°))
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.
