Luxembourg has implemented the Use for the purpose of research or private study (Art. 5.3(n) InfoSoc) exception in Article 10, 14° 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 communication to the public, for the purposes of research or private studies, by means of specialized terminals, to individuals and within publicly accessible libraries, educational institutions, museums or archives, of works in their collection that are not subject to purchase or licensing conditions.

Implementation details:

Beneficiaries:

• publicly accessible libraries
• educational institutions
• museums
• archives

Purposes:

• research or private studies by individuals

Usage:

• communication to the public (by means of specialized terminals within the institution)

Subject Matter:

• works

Compensation:

• no compensation required

Attribution:

• no attribution required

Other Conditions:

• works used must be lawfully made available to the public
• works must be used by means of specialized terminals within publicly accessible libraries, educational institutions, museums or archives
• works used must be in the beneficieries' collections
• works used must not be subject to purchase or licensing conditions

Introduced/last updated: 18 April 2004

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