Portugal has implemented the Temporary acts of reproduction (Art. 5.1 InfoSoc) exception in Article 75(1) Código do Direito de Autor e dos Direitos Conexos. The national exception closely resembles the EU exception.

Implementation summary:

This exception allows for temporary acts of reproduction that are transient, episodic or accessory, that are an integral and essential part of a technological process and whose sole purpose is to allow transmission over a network between third parties by an intermediary, or a legitimate use of a protected work and which does not, in itself, have economic significance, including, to the extent that it fulfills the conditions set out, the acts that enable navigation on networks and temporary storage, as well as those that allow efficient operation of transmission systems, provided that the intermediary does not alter the content of the transmission and does not interfere with the legitimate use of the technology according to the good market practices, to obtain data on the use of the information, and in general the merely technological transmission processes.

Implementation details:

Beneficiaries:

  • intermediaries (transmission between third persons in a network)
  • any user (legitimate use)

Purposes:

  • transmission in a network between third parties by a intermediary
  • legitimate use of a work

Usage:

  • temporary acts of reproduction

Subject Matter:

  • works
  • performances
  • phonograms
  • film fixations
  • broadcasts

Compensation:

  • no compensation required

Attribution:

  • no attribution required

Other Conditions:

  • temporary acts of reproduction must be transitory or incidental
  • temporary acts of reproduction must constitute an integral and essential part of a technical process
  • temporary acts of reproduction must have no independent economic significance
  • the intermediary must not alter the content of the transmission
  • the intermediary must not interfere with the legitimate use of the technology according to the good market practices, to obtain data on the use of the information, and in general the merely technological transmission processes

Introduced/last updated: 24 August 2004

Remarks: The exception applies mutatis mutandis to neighbouring rights under art. 189(3) of the Copyright code.