LUXEMBOURG Law and Practice Contributed by: Emmanuèle de Dampierre, Elvinger Hoss Prussen
• the right to claim (or not to claim) authorship of their works; and • the right to object to any distortion, mutilation or other modification thereof, or to any other infringe - ment of their works, that would be prejudicial to their honour or reputation. 3.5 Term of Protection and Termination In principle, authors’ rights are protected during the author’s life and for 70 years after the author’s death (for the benefit of the author’s heirs or successors in title). The term of protection starts on January 1st fol - lowing the operative event. The Authors’ Rights Law provides for a number of adjustments for certain works. For example, where the work is the product of collaboration such that the contributions of the authors are inseparable, authors’ rights exist for the benefit of all successors in title for 70 years after the death of the last surviving author. The protection of a musical composition containing lyrics ends 70 years after the death of the author of the lyrics or the composer of the musical composi - tion, whoever is the last to survive, provided that their contributions were created especially for the musical composition containing the lyrics concerned. The protection of an audiovisual work ends 70 years after the death of the last of the principal director or the authors of the screenplay, the dialogue and the musical compositions, with or without lyrics, espe - cially created for use in the work. In Luxembourg, economic and moral rights are limited in time. All rights over any original work are eligible for termination. 3.6 Collective Rights Management Systems In 2018, Luxembourg transposed Directive 2014/26/ EU of the European Parliament and of the Council of 26 February 2014 on collective management of copy - right and related rights and multi-territorial licensing of rights in musical works for online use in the internal market into national law. Four collective management organisations are author - ised in Luxembourg.
• SACEM Luxembourg ( Société Des Auteurs, Com- positeurs et Éditeurs de Musique Luxembourg / Luxembourg Society of Authors, Composers and Music Publishers) represents and defends the rights of authors and creators of musical works in connection with authors’ rights relating to public performance, public representation or reproduc - tion. Its missions include the collection of royalties (from broadcasters, organisers of shows and major phonogram and videogram producers) arising from the exercise of these rights in order to redistribute them to the rights-holders, cultural promotion and raising awareness about the respect for authors’ rights. • LUXORR (Luxembourg Organization For Repro - duction Rights) manages copyrights on behalf of its author and publisher members in relation to protected textual and pictoral works, such as reproduction rights and public lending rights. Its missions include in particular the collection of royalties and rights generated by works, the redis - tribution thereof to the rights-holders, the granting of licences to users who request them (provided that the association has received the mandate to do so), cultural promotion and raising awareness about respect for authors’ rights. • ALGOA ( Association Luxembourgeoise de Gestion des Œuvres Audiovisuelles /Luxembourg Associa - tion for the Management of Audiovisual Works) tracks and distributes royalties essentially on the retransmission of the products of independent pro - ducers represented by AGICOA in Luxembourg. • AGICOA EUROPE ( Association pour la Gestion Collective des Œuvres Audiovisuelles en Europe / Association for the Collective Management of Audiovisual Works in Europe) negotiates, collects and distributes royalties from the use of audiovisual works (via cable, satellite, mobile or any other similar means), and assists with the resolution of conflicts with other rights-holders. The collective management organisations may also have the power to: • negotiate licences; • represent rights-holders; and • defend the interests of their members, including in court (under certain conditions).
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