New Copyright Directive 2019/790 has been implemented into Luxembourg law

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On 1 April 2022, the bill implementing the EU directive on copyright and related rights in the Digital Single Market was finally adopted

On 1 April 2022, bill no. 7847 (the “Bill”) implementing 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 “New Copyright Directive”) was finally adopted[1] after being exempted from a second constitutional vote.

I. Need to adapt the existing copyright framework to the growing digital environment

The New Copyright Directive is intended to modernise certain aspects of the legal framework for copyright and neighbouring rights, in particular to account for (i) rapid technological developments that are continually transforming how protected works are created, produced, distributed and used and (ii) the emergence of new business models and actors.

While the principles in the existing European copyright framework remain sound, the New Copyright Directive reduces uncertainty for right holders and users with respect to certain usage, including the cross-border use of works and other subject matter in the digital environment.

The New Copyright Directive provides for rules to adapt certain exceptions and limitations in copyright and related rights to digital and cross-border environments, and for measures to facilitate certain licensing practices. It also contains rules to facilitate the use of content in the public domain as well as rules on rights in publications, on the use of works or other subject matter by online service providers storing and giving access to user-uploaded content, on the transparency of authors’ and performers’ contracts and on authors’ and performers’ remuneration, along with a revocation mechanism for rights that authors and performers have transferred on an exclusive basis.

The New Copyright Directive is advocated by the European Commission but has received criticism from several Member States, including Luxembourg.[2] However, despite these reserves, the Luxembourg legislator has faithfully implemented the New Copyright Directive into Luxembourg law.

II. Faithful implementation into Luxembourg law

The Bill amends (i) the law of 18 April 2001 on author’s rights, related rights and databases, as amended; (ii) the law of 3 December 2015 on certain authorised uses of orphan works, as amended and (iii) the law of 25 April 2018 on the collective management of copyright and related rights and the multi-territorial licensing of rights in musical works for online use in the internal market.

The Bill introduces:

Contact our IP, Communcations & Technology experts for more information.

[1] The initial implementation deadline for the New Copyright Directive was 7 June 2021.

[2] Council of the European Union, Joint statement by the Netherlands, Luxembourg, Poland, Italy and Finland, 15 April 2019, 7986/19 ADD 1 REV 2 (interinstitutional File: 2016/0280(COD)).

[3] Text and data mining is defined as “any automated analytical technique aimed at analyzing text and data in digital form in order to generate information which includes but is not limited to patterns, trends and correlations.”

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Luxembourg Newsflash – New Copyright Directive 2019-790 has been implemented into Luxembourg law

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