Can I download films or series by torrent?
No — downloading a protected film or series through a torrent is copyright infringement. The Law of 18 April 2001 on copyright gives the author the exclusive right of reproduction and communication to the public. The private-copy exception does not rescue torrenting: it covers only a copy of a work lawfully acquired, and P2P sharing re-uploads the file to the public. The most widespread myth is the "small 38 € fine": that figure comes from an old article and does not exist in the law. The real penalty for infringement is a fine of 250 to 250,000 € (art. 83), plus confiscation. Another nuance: streaming (mere viewing) remains a grey area, and no Luxembourg court has ever convicted an internet user for it. Luxembourg has no graduated response in the French style.
📋 The rules
- The Law of 18 April 2001 gives the author the exclusive right to reproduce and communicate to the public their work.
- Downloading a protected work without authorisation is an act of infringement, punishable in both civil and criminal law.
- The private-copy exception applies only to a work lawfully acquired and for personal, non-commercial use.
- A torrent (P2P) does more than download: it re-shares the file, which amounts to communication to the public.
- Infringement is punishable by a fine of 250 to 250,000 € (art. 83) and by confiscation of the infringing works.
🔓 Exceptions
- Streaming, mere viewing with no lasting copy, mainly targets sites and hosts; no conviction of an internet user for viewing is known in Luxembourg.
- Copying a work you have lawfully acquired, for your own private use, remains covered by the private-copy exception.
- Free software and content under an open licence (Creative Commons, public domain) may be freely downloaded according to its licence.
⚠️ Penalties & fines
Luxembourg has no automatic graduated response: there is neither a Hadopi-style body nor a 38 € tariff. Enforcement runs along two tracks. In civil law, the rights holder can claim damages, the amount set by the court according to the harm (art. 74). In criminal law, infringement carries a fine of 250 to 250,000 € (art. 83) and confiscation of the works; a repeat offence worsens the penalty, and a site operator can be ordered to close. In practice, prosecutions mainly target those who share on a large scale. Still, the internet account holder can be pursued for downloads passing through their connection, and a judge can order the blocking of sites, so an IP address is no shield.
📎 Official sources
- Legilux · Law of 18 April 2001 on copyright (Official Journal) →
- IPIL · Intellectual Property Institute Luxembourg (official site) →
- Guichet.lu · intellectual property and copyright →
❓ Frequently asked
Is torrenting really illegal in Luxembourg?
Yes: reproducing a protected work without the author's consent is an act of infringement under the 2001 law. Torrenting makes it worse, because the P2P protocol automatically re-shares the file, which amounts to communication to the public.
Is there an automatic 38 € fine, as sometimes claimed?
No, that figure comes from an old article and appears nowhere in Luxembourg law. The real criminal penalty for infringement is a fine of 250 to 250,000 €, on top of a possible civil action and confiscation.
Is streaming as illegal as downloading?
Mere viewing by streaming is a grey area: the rules mainly target sites and hosts, and no internet user has been convicted for it in Luxembourg. Caution is still wise, because the courts' interpretation may change.
Does the private-copy exception protect me if I download a film?
No: the private-copy exception covers only the reproduction of a work you have lawfully acquired. Downloading from an unlawful source falls outside that framework and is infringement, even for strictly personal use.
Is the internet account holder liable?
They can be pursued for infringing acts committed through their connection, especially if they carried them out or let them happen. A judge may also order sites to be blocked, but there is no automatic penalty tied to an IP address.
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