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By means of an Act of 18 April 2004, the Grand Duchy of Luxembourg has now transposed into its national law European Directive 2001/29/EC of the Parliament and the Council on the harmonisation of certain aspects of copyright and neighbouring rights in the information society (see IRIS 2001-5: 3). This transposition takes the form of a text amending the Act of 18 April 2001 on copyright, neighbouring rights and databases (referred to as "the Act"). Apart from the transposition of the provisions of the Directive, the new Act also amends the scheme for reserved royalties. The new text introduces...

On 21 April 2004, the European Commission announced its decision to refer to the European Court of Justice the six Member States that had still not fully implemented the new regulatory framework for electronic communications into their national law (i.e. Belgium, Germany, Greece, France, Luxembourg and the Netherlands). The new framework was to be implemented by July 2003, but 8 Member States failed to meet this deadline and in October 2003 the Commission opened infringement proceedings against those States (see IRIS 2003-10: 5 and IRIS 2004-2: 4). Proceedings against two Member States, Spain (see...

The national film institutes of the 15 Member States of the European Union have made a common declaration on the importance of State aid for European films. This is the first time the film institutes have made a common statement. The national film institutes are publicly funded and were founded to support national and European film culture. In this common declaration the institutes express their concerns regarding the necessity for State aid for European films. The institutes are worried that the audio-visual sector in Europe will be left solely to the chances of free market forces. In the declaration,...

The Act of 2 August 2002 on the protection of the individual in the processing of personal data came into force on 1 December 2002. This legislation transposes Directive 95/46/EEC into national legislation and repeals the Act of 31 March 1979 regulating the use of personal data in computer processing, which has been largely ignored. In accordance with the guidelines set out in the Directive, the new Act makes every effort to ensure the quality of the data collected (Article 4), the legitimacy of the purpose of the processing (Article 5) and the protection of the processed data (Article 22). It...

Following a major policy change of the Luxembourgish Government, decided on 25 January 2002, cable television stations in Luxembourg will be allowed to derive income from advertising in the near future. Until now, it had been the Government's policy to allow only the country's main broadcaster RTL Tele Lëtzebuerg to broadcast television advertisements. The terms and conditions of the local television stations' broadcasting permits prohibited advertising, even though the sponsoring of shows was allowed. In the past, this had led to discussions on how to differentiate between advertising and sponsorship....