The new copyright directive finally transposed into Luxembourg law! – Intellectual property



Luxemburg: The new copyright directive finally transposed into Luxembourg law!

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What happened?

On March 30, 2022, the Luxembourg Chamber of Deputies adopted a new law1 aimed at transposing into Luxembourg law the Directive 2019/790 on copyright and related rights in the digital single market (“New Copyright Directive”) Adopted April 17, 20192.

This new law amends the following three laws:

  • the amended law of April 18, 2001 relating to copyright, neighboring rights and databases,

  • the law of December 3, 2015 relating to certain authorized uses of orphan works, and

  • the law of April 25, 2018 relating to the collective management of copyright and related rights.

What are the main takeaways?

Luxembourg law faithfully transposes into Luxembourg law the new directive on copyright, which aims to modernize the legal regime of copyright and related rights. The objective of the new directive on copyright was to take into account the major technological developments of the last twenty years and the new methods of creation, production, distribution and exploitation of works and other protected content.

The main changes to the copyright regime are as follows:

  • The creation of neighboring rights for press publishers (right of reproduction and right of making press publications available to the public) relating to the use of their online content; subject to certain limitations, this would allow news publishers to seek compensation when their content is reused by online platforms, news search engines and news aggregators.

  • The creation of an authorization mechanism and a new liability regime concerning the specific uses of content protected by providers of online content sharing services (such as YouTube).

  • the creation of new exceptions to copyright to promote in particular text and data mining under certain conditions (which is a set of automated techniques aimed at analyzing texts and data in digital form in order to extract information) and l digital use of the works, exclusively for illustration purposes in the context of education, to the extent justified by the non-commercial purpose pursued;

  • the consecration of a principle of appropriate and proportionate remuneration for authors when they conclude licensing or assignment contracts concerning the exploitation of their work, as well as a possibility for authors to request additional remuneration. The parties with whom the authors have signed a license or assignment contract must provide the authors, at least once a year, with information on the exploitation of their works, particularly with regard to the total income generated. If the remuneration initially agreed turns out to be unreasonably low in relation to the total income derived from the exploitation of the works, then the authors will be entitled to appropriate and equitable additional remuneration.

Conclusion

It remains to be seen whether the new law will lead to more balanced relations between the various players in the Luxembourg market in terms of the use and exploitation of protected works and content.

The law has yet to be enacted. Promulgation takes place within a maximum period of three months from the adoption of the law. In this case, it will probably be much earlier since the new copyright directive should have been transposed by June 7, 2021.

Footnotes

1. From Bill 7847.

2. Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the digital single market and amending directives 96/9/EC and 2001/29/EC.

The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.

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