The Copyright Act was amended by Act of 7 July 1994 (Stb. 521). Computer programmes were then included within the list of Article 10. Also special provisions on computer programmes were laid down in the Articles 45h to 45n.

The Copyright Act and the Act on Neighbouring Rights were amended by Act of 21 December 1995 (Stb. 653) and by Act of 21 December 1995 (Stb. 641). Rental rights in, inter alia, computer programmes and phonograms, were then granted. The Articles 12, 12a, 15c to 15g, 35d and 45d of the Copyright Act and the Articles 2a, 6, 7a, 8, 11, 15a 15d, 17, 19, 20, 27a and 32 of the Act on Neighbouring Rights provide for these rights.

(a)Article 16 of the Copyright Act provides for the use of works for teaching purposes. It is based on Article 10(2) of the (Paris Act of the) Berne Convention. Article 10(2) of the Berne Convention provides that the use of works for teaching purposes is a matter for national legislation provided the use is compatible with fair practice. Article 16 of the Copyright Act is within the limits set by Article 10(2) of the Berne Convention and within those set by Article 13 TRIPS. Also it does not differ widely from provisions in other national laws on this subject. (b)Articles 16b and following, and 17 of the Copyright Act provide for the right of reproduction of written works and for the exception for private use. The exception for private use falls within the scope of Article 9(2) of the Berne Convention, which provides that exceptions to the right of reproduction are, again, a matter for national legislation, provided the reproduction does not conflict with the normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the rightholder. The exceptions for private use which are granted in Articles 16b and 17 of the Copyright Act are not broader than those granted in other legislations. They are within the limits which are set by Article 9(2) of the Berne Convention and Article 13 TRIPS. (c)Article 17a of the Copyright Act provides that, in the general interest, a legal licence may be granted with respect to the publication of a work by means of radio or television broadcasting or the distribution by wire or otherwise and with respect to the production of phonograms. Article 17a is based on Articles 11bis(2) and 13 of the Berne Convention, which leave this matter to national legislation. Article 17a does not differ from similar provisions in other laws. Article 17a dates back till 1931, when it was included on behalf of radio broadcasting and the distribution by wire. The provision has never been applied.

As stated in the original answer, the limitations mentioned in Articles 16, 16b and 17 of the Netherlands Copyright Act are within the limit set by the Articles 10(2) and 9(2) of the Berne Convention and consequently comply with Article 13 TRIPS. The mentioned articles of the Netherlands Copyright Act have seldom been applied (see for example: Supreme Court Decision of 22 June 1990, published in NJ 1991, 268; District Court of Amsterdam, Decision of 31 January 1980, published in Autersrecht 1980/2; District Court of Alphen aan de Rhijn Decision of 16 April 1985, published in AN I, 1987/2; Superior Court of Amsterdam, Decision of 20 November 1980, published in Autersrecht 1981/3).

The dispositions of the Berne Convention, the Rome Convention and the TRIPS Agreement are of direct applicability in Luxembourg law. Luxembourg has no provisions on levies for private copying.

Yes, TRIPS is self-executing in Luxembourg. Yes, it is possible to sue on the basis of the TRIPS Agreement but there is no case law yet.

Luxembourg does not apply the "rule of the shorter term" to phonograms and performances.

Article 3 of the Law of 29 March 1972 and Article 8 of the Law of 23 September 1975 protects reproduction in general and no other text excludes indirect reproduction expressly. The draft of a new amendment provides to introduce the terms "direct" and "indirect" in those Articles in order to avoid any controversial interpretation.

Luxembourg legislation provides for a broad definition of the reproduction rights. There is no case law about the interpretation of "reproduction" in the sense indicated by the question.

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.

All efforts will be made to have a simultaneous timetable for all our amendments. The new laws will come into force three months after the date of publication.

On 24 April 1996, a new law added the protection of "computer programs" expressly to the list of Article 1.

Databases which constitute an intellectual creation according to the conditions of paragraph 5, Article 1, are protected as literary works (collections). Indeed the list of Article 1, paragraph 1 is not exhaustive.

There is no case law on this issue.

The rental right is not expressly excluded by the Luxembourgish law. However, the new draft amendments submitted to Parliament, in accordance with the EEC Directive No. 92/100 from 19 November 1992, provides expressly the rental right for authors and rightholders of neighbouring rights.

It is considered that on the basis of Luxembourg copyright law a rental right is granted as regards computer programs and phonograms. There is no case law on this issue yet. This issue will be clarified in the draft amendment concerning rental rights.

Luxembourg reserves its answer until the second semester 1997, because of the scheduled enforcement review in the WTO Council.

The new draft amendment provides actually a protection of fifty years, according to the EC Directive 93/98/EEC of 29 October 1993.

According to the EC Directive 93/98 EEC and the new draft amendment, the duration of the protection is granted to works created in the European Union. The new draft of an amendment will extend the grant to works created in a WTO Member State. Article 17 of the neighbouring rights law provides however clearly that the effects of international conventions, such as the TRIPS Agreement, are prevailing.

Yes.