In March 2022, Luxembourg transposed the Directive (EU) 2019/789 of 17 April 2019 laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes, as well as the Directive (EU) 2019/790 of 17 April 2019 on copyright and related rights in the Digital Single Market.
The two were adopted together by Parliament, the vote being considered “a decisive step in adapting the legislative framework to the challenges posed by the digital environment, in particular in the relations between digital players and rights holders, or to guarantee greater legal certainty in unprecedented situations that did not exist in an analog world.”[1]
The adoption and the tabling of the bill was preceded by an open public consultation from February to April 2021 on a preliminary version of a preliminary draft law, prepared by the ministry of the Economy. The objective of this consultation was to engage in dialogue with the stakeholders, so that the draft law preserves the Luxembourg economy and cultural environment. Of the 18 contributions received, 3 came from cultural institutes and university research centres, whose comments largely focussed on a more precise delineate of the scope of articles dealing with new exceptions and mandatory limitations provided by the Directive.
Guidelines on copyrights provisions have been published both by the ministry of the Economy and by the ministry of Culture.
[1] https://gouvernement.lu/fr/actualites/toutes_actualites/communiques/2022/03-mars/31-droits-auteur-droits-voisins.html
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