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Luxembourg has fully implemented the provisions of the DSM directive into national law. The changes to the Copyright Act took effect on the 9th of April 2022.
Procedure:
The Intellectual Property Office launched a public consultation in 2021 based on a government proposal for the implementation. The government did not provide opportunities to civil society representatives to discuss the implementation before starting the drafting process and civil society input did not result in meaningful changes to the law. The Law was adopted by parliament on the 30th of March 2022 and came into effect on the 9th of April 2022.
Article 17:
The Luxembourgish implementation of Article 17 restates the text of the Directive. As such it does not contain any specific ex-ante safeguards for users’ rights or additional transparency provisions. It also does not narrow down the definition of platforms affected by these rules.
Other:
The new education exception based on Article 5 is not subject to remuneration nor to license availability and covers all categories of works or other subject matter to the extent necessary for the purpose. Article 14 has not been transposed, since the existing copyright act does not protect unoriginal reproductions of works. The scope of the press publisher right is the same as in the Directive: scientific and academic publications are excluded from the definition of press publications; the right does not apply to the use of individual words and very short extracts, to private or non-commercial uses by individual users, nor to acts of hyperlinking; the right cannot be invoked against uses authorized by a non-exclusive license nor against the use of public domain works; and the right is subject to the exceptions and limitations to neighbouring rights laid out in the national law.
Bonus:
Nothing to be seen here
Luxembourg has fully implemented the provisions of the DSM directive into national law. The changes to the Copyright Act took effect on the 9th of April 2022. The implementation law was adopted following an ordinary legislative process including a 2021 public consultation based on a preliminary draft law.
No pre-draft dialogues with stakeholders took place. The government did not organize working groups, public events or other opportunities to discuss the implementation of the Directive with civil society representatives before starting the drafting process. There is no clear evidence that feedback received in the draft has led to substantial changes to the text of the law.
The Luxembourgish implementation closely follows the provisions of the Directive and does not contain any notable deviations. On the positive side, it does not subject the education exception to the optional license override. The implementation of Article 17 is limited to a restatement of the provisions of the Article and as such does not include any specific ex-ante safeguards.
The implementation law does not contain a transposition of the exception for the preservation of works held by cultural heritage institutions (Article 6 of the Directive) since such an exception already existed in the copyright act. Luxembourg has not made use of the possibility to implement extended collective licensing for works other than out of commerce works.
Local partners: Our local partner has been Chaos Computer Club Luxembourg.
For more information please see our implementation tracking page for Luxembourg.
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