Author's rights and related rights in Luxembourg
Author's rights (often referred to as copyright in English) protect original literary and artistic works and grant their creators a range of privileges. Thus, works such as literary, audiovisual or musical creations can be protected by author's rights, provided they are original.
Author's rights do not protect ideas as such, but their specific forms of expression.
Author's rights arise automatically from the creation of the work: no registration procedure is required to benefit from author's rights protection. Author's rights last for the author's lifetime and for 70 years after their death.
Authors hold the exclusive right to reproduce, distribute or communicate their works to the public. These rights allow them to request payment from those they authorise to use such use of their work. The latter users must therefore obtain written authorisation from the author or from the rights holder, unless they can rely on an exception provided for by law (legal limitations and exceptions to author's rights).
Related rights are granted to phonogram producers, film producers, performers, broadcasting organisations and press publishers for their online publications. As such, they hold specific rights that may require authorisation for the use of their contributions and may request remuneration on this basis.
Stakeholders in Luxembourg
In Luxembourg, several stakeholders are involved in the field of author's rights and related rights.
Institutional structure and support
OPI – Intellectual Property Office (Office de la propriété intellectuelle) of the Ministry of the Economy
The Intellectual Property Office (Office de la propriété intellectuelle) is a department of the Ministry of the Economy. The Intellectual Property Office is responsible for defining and implementing the general policy and the legislative, regulatory and administrative frameworks regarding intellectual property, particularly in relation to author's rights and related rights.
meco.gouvernement.lu/en/domaines-activites/propriete-intellectuelle.html
IPIL – Institut de la Propriété Intellectuelle Luxembourg G.I.E.
The Institut de la Propriété Intellectuelle Luxembourg (IPIL) is dedicated to promoting, raising awareness of and providing support in the field of intellectual property. It offers training courses, practical tools and information services for businesses, creators, institutions and researchers.
Collective management organisations
In Luxembourg, there are organisations that collectively manage author's rights on behalf of authors and rights holders. They provide licences in return for payment:
ALGOA – Association Luxembourgeoise de Gestion des Œuvres Audiovisuelles (Luxembourg Association for the Management of Audiovisual Works)
ALGOA manages the rights of audiovisual works.
Luxorr – Luxembourg Organization for Reproduction Rights
Luxorr manages the rights of authors and publishers of literary works and related works.
SACEM Luxembourg – Société des Auteurs, Compositeurs et Éditeurs de Musique (Luxembourg)
SACEM Luxembourg manages the rights of musical works.
European players
European Commission
Within the European Commission, DG CONNECT develops and implements policies, particularly in the area of author's rights and related rights, aiming to adapt Europe to the digital age.
digital-strategy.ec.europa.eu/en/policies/copyright
EUIPO - European Union Intellectual Property Office
The EUIPO is an agency of the European Union (EU) responsible for managing EU trademarks, EU designs and EU geographical indications for craft and industrial products. It is also responsible for European and international cooperation on intellectual property matters and for the European Observatory on Infringements of Intellectual Property Rights.
European Observatory on Infringements of Intellectual Property Rights
The Observatory is a network of experts and stakeholders specialised in intellectual property, that is part of the EUIPO.