Commons:Copyright rules by territory/Luxembourg/es
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Reglas de derechos de autor: Luxembourg Atajo: COM:LUXEMBOURG | |
 | |
| Duraciones | |
|---|---|
| Estándar | Life + 70 years |
| Anónimas | Publish + 70 years |
| Audiovisuales | Life + 70 |
| Colectivas | Publish + 70 years |
| Otro | |
| Términos hasta fin de año | Sí |
| Plantillas de licencia comunes | {{PD-old-auto}} |
| ISO 3166-1 alpha-3 | LUX |
| Tratados | |
| Convención de Berna | 20 June 1888 |
| Adhesión a la OMC | 1 January 1995 |
| Fecha de restauración de LARU | 1 January 1996 |
| Tratado de la OMPI | 14 March 2010 |
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This page provides an overview of copyright rules of Luxembourg relevant to uploading works into Wikimedia Commons. Note that any work originating in Luxembourg must be in the public domain, or available under a free license, in both Luxembourg and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from Luxembourg, refer to the relevant laws for clarification.
Contents
Governing laws
Luxembourg has been a member of the Berne Convention since 20 June 1888, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 14 March 2010.[1] As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law of April 18, 2001, on Copyright and Related Rights and Databases as the main IP law enacted by the legislature of Luxembourg.[1]
WIPO holds the text of this law in their WIPO Lex database.[2] The 2001 Law was amended by the Law of April 18, 2004 (LU043), Law of May 22, 2009 (LU055) and Law of April 25, 2018 (LU053).[3][4] It was also amended by Law of February 10, 2015, transposing Directive 2011/77/EU of the European Parliament ...[5]
General rules
Under the Law of April 18, 2001 as modified in 2015,
- Copyright extend for 70 years after the death of the author in favor of his heirs and assigns.[4-18-2001 Art.9(1)]
- When the work is the product of collaboration and the contributions are inseparable, copyright exists for the benefit of all interested parties until 70 years after the death of the last surviving author.[4-18-2001 Art.9(2)]
- Protection of audiovisual works expires 70 years after the death of the last survivor of the following persons: the principal director, the author of the screenplay, dialogues and musical compositions, with or without words, specially created for use in the work, whether or not sponsors.[4-18-2001 Art.9(2)]
- Copyright in anonymous and pseudonymous works lasts 70 years from the day when the work was lawfully made available to the public.[4-18-2001 Art.9(3)] If the identity of the author of an anonymous or pseudonymous work is established, the author or his heirs may claim protection for the duration specified in paragraph 1.[4-18-2001 Art.9(3)]
- Directed works are created by several authors at the initiative and under the direction of a natural or legal person who publishes it under their name, and in which the contributions of the authors are designed to be integrated into the collection. In the absence of of any contractual provision to the contrary, the publisher has the original economic and moral rights in the work.[4-18-2001 Art.6] Copyright in directed works lasts 70 year from the year of publication.[4-18-2001 Art.9(3)]
- Any person who, after the expiration of protection by copyright, publishes or lawfully communicates to the public for the first time a work not previously published, is vested with property rights equivalent to those enjoyed by the author for a period of 25 years from the time when the work was first published or communicated to the public.[4-18-2001 Art.9(4)]
- All dates in this article are calculated from 1 January following the relevant event.[4-18-2001 Art.9(5)]
Freedom of panorama
Véase también : Commons:Libertad de panorama
{{NoFoP-Luxembourg}} Only incidental inclusion allowed. Under the Law of April 18, 2001 as modified in 2015,
- A copyright holder may not prevent "the reproduction and communication of [his or her] works located in a publicly accessible place, when such works do not constitute the primary subject of the reproduction or communication."[4-18-2001 Art.10(7)]
Threshold of originality
Véase también : Commons:Umbral de originalidad
According to Jean-Luc Putz, the threshold of originality in Luxembourg is not as strict as in UK but not as liberal as in Germany. During the legislation the intent was to orientate with other Benelux states or France.[6]
Véase también
Citations
- ↑ a b Luxembourg Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-13.
- ↑ Law of April 18, 2001, on Copyright and Related Rights and Databases. Luxembourg (2001). Retrieved on 2018-11-13.
- ↑ LU043 Law of April 18, 2004, on Amendments to (1)Law of April 18, 2001, on Copyright and Related Rights and the Databases.... Luxembourg (2004). Retrieved on 2018-11-13.
- ↑ LU052 Law of April 25, 2018, on the Collective Management of Copyright and Related Rights. Luxembourg (2018). Retrieved on 2018-11-13.
- ↑ Law of February 10, 2015, transposing Directive 2011/77/EU of the European Parliament and of the Council of September 27, 2011, amending Directive 2006/116/EC on the Term of Protection of Copyright and Certain Related Rights, and on the Amendments to the Amended Law of April 18, 2001, on Copyrights and Related Rights and Databases (in French). Retrieved on 2019-01-29.
- ↑ Jean-Luc PUTZ. das luxemburgische Urheberrecht: eine Einführung (in German). Retrieved on 2019-01-29.
