Commons:各地著作权法规/卢森堡

著作权法规： 卢森堡 快捷方式: COM:卢森堡
保护期限
标准	作者逝世 + 70年
匿名	出版 + 70年
视听作品	作者逝世 + 70年
集体作品	出版 + 70年
其他
全景自由	否
截至年底	是
一般授权条款标签	{{PD-old-auto}}
协议
伯尔尼公约	1888年6月20日
世界贸易组织成员	1995年1月1日
乌拉圭回合协议法案回溯日期‌*	1996年1月1日
世界知识产权协议	2010年3月14日
*‌只要一个作品在美国可以受版权保护，在1928年12月31日之后发表，并在来源国的URAA日期受版权保护，那么它通常会在美国受保护。

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.

管辖法律

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. 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.

WIPO holds the text of this law in their WIPO Lex database. 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). It was also amended by Law of February 10, 2015, transposing Directive 2011/77/EU of the European Parliament ...

The 2001 Law applied to works that had not entered the public domain before its entry into force.^{[4-18-2001 Art.96(1)]} It also applied to all works which, on 1 July 1995, were protected in at least one Member State of the European Union.^{[4-18-2001 Art.97]}

一般规则

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)]}

Copyright in the United States

Luxembourg was a member of the Berne Convention when the 乌拉圭回合协议法案 came into effect in the United States on 1 January 1996. At that time, the governing law was the Loi du 29 mars 1972 sur le droit d'auteur (Law of 29 March 1972 on Copyright). The Government of the Grand Duchy of Luxembourg provides an online version of this law. Works originating in Luxembourg are usually protected under the copyright rules of the United States if they are a type of work that may be protected by copyright in the United States, were published after 1924 and were either protected in Luxembourg on the URAA date of 1 January 1996, or were published after that date. The general rules in Luxembourg on the URAA date were:

• Literary or artistic works as defined under the Law of 1972 were subject to protection.^{[3-29-1972 Art.1]}
• Copyright extended for 50 years after the death of the author.^{[3-29-1972 Art.2]}
• For works of joint authorship, copyright extended for 50 years after the death of the last surviving author.^{[3-29-1972 Art.6]}
• Copyright in photographic works and works of applied art extended for fifty years from their creation.^{[3-29-1972 Art.4]}
• Copyright in an anonymous or pseudonymous work expired fifty years after the work was made accessible to the public.^{[3-29-1972 Art.8]}

Some works may be in the public domain in the United States but not in Luxembourg. These are works that entered the public domain before the URAA date, then returned to copyright protection with 8 September 1997 amendment to the 1972 law, which extended the term for literary or artistic works including photographs to death plus 70 years.^{[3-29-1997 Art.2]} This law was retroactive, but stated that "Works that passed into the public domain before July 1, 1995, and have already been freely exploited may continue to be exploited by the same persons, who shall be exempted from copyright insofar as they engage in the same forms of exploitation."^{[3-29-1997 Art.49]}

全景自由

快捷方式

• COM:FOP Luxembourg

参见：共享资源:全景自由

 不可以 {{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)]}

原创门槛

快捷方式

• COM:TOO Luxembourg

参见：共享资源:原创门槛

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.

参见

• Lëtzebuerg
• Category:Luxembourgish FOP cases

引用

注意：上述描述可能不准确，不完整或过时，因此必须谨慎对待。在您上传文件至维基共享资源前，您应当确保其可以自由使用。 参见：共享资源:免责声明