Luxembourg has implemented the Use for the purpose of caricature, parody or pastiche (Art. 5.3(k) InfoSoc) exception in Article 10, para 6 or the Copyright Act. The national exception is slightly more restrictive than the EU exception.

Implementation summary:

This exception allows for the use of works for the purpose of caricature, parody or pastiche which aims to mock the parodied work, on condition that they comply with good practice and in particular that they borrow only the elements strictly necessary for the caricature and do not denigrate the original work.

Implementation details:

Beneficiaries:

• any user

Purposes:

• caricature, parody or pastiche

Usage:

• any use

Subject Matter:

• works
• phonograms
• film fixations
• broadcasts

Compensation:

• no compensation required

Attribution:

• no attribution required

Other Conditions:

• the work must be lawfully made available to the public
• the derivative work must mock the parodied work
• the use must comply with good practice
• the use must be limited only to the elements of the work strictly necessary for the caricature
• the user must not denigrate the original work

Introduced/last updated: 18 April 2001

Remarks: The scope of the exception is extended to neighbouring rights under Art. 46 (1), 6° - for performers, phonogram and film producers; and Art. 55 - for broadcasters.