Portugal has implemented the Private copying (Art. 5.2(b) InfoSoc) exception in Article 75(2)(a), second part, Código do Direito de Autor e dos Direitos Conexos. The national exception closely resembles the EU exception.
Implementation summary:
This exception allows for the reproduction, in any medium, performed by a natural person for private use and without direct or indirect commercial purposes. The law (art.81) also allows for the reproduction, in a single copy, for purposes of exclusively scientific or humanitarian interest, of works not yet commercially available or impossible to obtain, for the time necessary for their use. Private use is also allowed as long as it does not harm the normal exploitation of the work and does not cause unjustified damage to the legitimate interests of the author nd is not used for any purposes of public communication or commercialisation.
Implementation details:
Beneficiaries:
- natural persons
Purposes:
- private, non-commercial use
Usage:
- reproduction (in any medium)
Subject Matter:
- map[subjectmatter:<nil>]
- works
- performances
- phonograms
- film fixations
- broadcasts
Compensation:
- fair compensation required (art.76)
- no compensation required (art.81)
Attribution:
- no attribution required
Introduced/last updated: 24 August 2004
Remarks: Portuguese doctrine acknowledges the fact that the provisions of articles 75 and 81 clash. This is due to the fact that art 81 was pre-existing at the time of the implementation of the InfoSoc directive and it wasn't revoked when introducing the transposition of art 5.2.b of the Directive. According to Vieira, J.A., Dereito de Autor, Dogmatica Basica. 2020, p.365, the legacy provision of art 81 does not require equitable remuneration.
Equitable remuneration is provided for in art.76(1)(b). In cases of analogue use a remunation is also due to the publisher.
The exception applies mutatis mutandis to neighbouring rights under art. 189(3) of the Copyright code.
