LUXEMBOURG Law and Practice Contributed by: Emmanuèle de Dampierre and Florentine Frias, Elvinger Hoss Prussen
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 copyright 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 authorised in Luxembourg. • SACEM Luxembourg ( Société Des Auteurs, Compositeurs et Éditeurs de Musique Lux- embourg /Luxembourg Society of Authors, Composers and Music Publishers) represents and defends the rights of authors and crea - tors of musical works in connection with authors’ rights relating to public performance, public representation or reproduction. Its mis - sions 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, cul - tural promotion and raising awareness about the respect for authors’ rights. • LUXORR (Luxembourg Organization For Reproduction 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 par - ticular the collection of royalties and rights generated by works, the redistribution 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.
• the right to object to any distortion, mutilation or other modification thereof, or to any other infringement 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 dur - ing 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 protec - tion starts on January 1st following 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 con - taining lyrics ends 70 years after the death of the author of the lyrics or the composer of the musi - cal composition, whoever is the last to survive, provided that their contributions were created especially for the musical composition contain - ing the lyrics concerned. The protection of an audiovisual work ends 70 years after the death of the last of the follow- ing persons to survive: the principal director or the authors of the screenplay, the dialogue and the musical compositions, with or without lyrics, especially 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.
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