Copyrights Law in Portugal
Here’s a concise overview of Copyright Law in Portugal:
Copyright Law in Portugal
Portugal’s copyright law is well-developed and aligned with European Union directives and international treaties to protect creators’ rights.
Legal Framework
Primary Legislation:
Portuguese Copyright and Related Rights Code (Código do Direito de Autor e dos Direitos Conexos), Law No. 16/2008 of April 1, with amendments.
The law consolidates previous copyright legislation and incorporates EU directives.
International Treaties:
Berne Convention.
TRIPS Agreement.
WIPO Copyright Treaty.
WIPO Performances and Phonograms Treaty.
EU Copyright Directives (various).
Works Protected
Original literary, artistic, and scientific works, including:
Books, articles, computer programs.
Musical compositions and lyrics.
Cinematographic and audiovisual works.
Dramatic works and choreography.
Paintings, sculptures, drawings, photographs.
Architectural works.
Sound recordings.
Broadcasts.
Rights Granted
Economic Rights:
Reproduction.
Distribution.
Public communication (performance, broadcasting).
Adaptation and translation.
Rental and lending rights.
Moral Rights:
Right to authorship (paternity).
Right to integrity (prevent derogatory modification).
Right to disclose or withdraw the work.
Duration of Protection
General rule: Life of the author plus 70 years after death.
For anonymous/pseudonymous works: 70 years from publication.
For cinematographic works: 70 years from publication or communication to the public.
For related rights (performers, producers): 50 years from fixation or publication.
Limitations and Exceptions
Exceptions include:
Quotation and critique.
Private copying.
Use for educational purposes.
Use in libraries and archives.
Use for public security or judicial proceedings.
Exceptions are subject to the “three-step test” ensuring they do not conflict with normal exploitation or unreasonably prejudice rights holders.
Enforcement
Civil courts handle copyright infringement cases.
Remedies include injunctions, damages, and destruction of infringing copies.
Criminal sanctions may apply in cases of willful infringement.
The Portuguese Institute of Industrial Property (INPI) supports intellectual property enforcement, though copyright is mainly under civil jurisdiction.
Administration
Copyright protection is automatic upon creation; no registration is required.
Voluntary registration is possible but not mandatory.
Collective management organizations (CMOs) manage rights on behalf of authors.
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