LG AVOCATS

Intellectual property lawyers

Copyrights are considered as intellectual property rights and are regulated in Luxembourg by the law of 18 April 2001 on copyright, neighbouring rights and databases.

In Luxembourg, copyrights do not need to be registered to be protected, unlike other intellectual property rights such as trademarks or patents which must be registered.

The law of 18 April 2001 grants the author the exclusive right to authorize reproduction of his, her or its original artistic and literary works, of any type or form of expression, including photographs, databases and computer programs.

The right of reproduction includes the right to oppose adaptation, arrangement, translation, integration in or extraction from a database, renting and loaning of original or copies of the works, and communication to the public using any means, including wire and wireless transmission, by radio, satellite, cable or network. It is important to note that provision of protected works allowing the public to access them from where and at the time it individually chooses also constitutes a communication to the public.

Several exceptions to the author’s copyrights are provided under certain conditions, for among other things short quotations, education purposes, private use, caching and parody.

A specificity of the Luxembourg law on copyright consist of letting the author the possibility to assign entirety or part of moral rights to the extent honor and reputation of this author are not wounded.

Similar rights, known as neighboring rights, protect performers and, to a certain extent, producers are also protected by the Luxembourg law of 18 April 2001 and can also be considered as Intellectual property rights.

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