United States of America

Luxembourg

Copyright and Related Rights

4. Please explain whether and how Luxembourg provides full retroactive protection to works, phonograms and performances from other WTO Members, as required by TRIPS Articles 9.1, 14.6 and 70.2 each of which incorporate by reference or rely upon Berne Article 18. Please give the date back to which such protection extends with respect to each category of subject matter.

The Luxembourg Law applies to all works and services which are not expired (épuisés) at the date of its coming into force, which means three months after the date of publication at the Official Journal Memorial. The expression "expired" (épuisés) concerns all prior works and services, whose period of protection has not come to an end ("non tombés dans le domaine public" according to Article 18 of the Berne Convention). The date back to which full retroactive protection is provided, has to be calculated in respect to the date of entry of the TRIPS Agreement, which was 1 January 1996. Our actual legislation on authors' rights protects works when the death of the author or the last living co author is later than 1 January 1946. The new draft amendment provides an extension until 1 January 1926 for EU Members. A second draft amendment will extend the protection to all WTO Member States. Our actual legislation on neighbouring rights protects works of performers and phonogram producers created or produced after 31 December 1975. The new draft amendment provides an extension until 31 December 1945 for EU Members. A second draft amendment will extend the protection to WTO Member States.