Portugal has implemented the Illustration for teaching or scientific research (Art. 5.3(a) InfoSoc) exception in Article 75(2) (f) and (h) and Article 189 (1)(c) Código do Direito de Autor e dos Direitos Conexos. The national exception is slightly more restrictive than the EU exception.

Implementation summary:

Portugal has two exceptions covering educational uses of parts of works (Art. 75(2)(f) and (g)) and one exception covering the use of performances, phonograms, film fixations and broadcasts for educational and scientific purposes (Art. 189(1)(c)). The exceptions are open to all users and cover almost all types of activities. Most uses are not subject to compensation.

Implementation details:

Beneficiaries:

  • Any users

Purposes:

  • Educational purposes
  • Scientific purposes (it does not apply to works)

Usage:

  • Reproduction
  • Distribution
  • Public Communication (it does not apply to works)
  • Making available to the public

Subject Matter:

  • Works
  • Performances
  • Phonograms
  • Film fixations
  • Broadcasts

Compensation:

  • Uses of works for purposes of creating teaching materials are subject to compensation; other uses are not

Attribution:

  • Uses of works require attribution; uses of performances, phonograms, film fixations and broadcasts do not

Other Conditions:

  • Quantity Limitations: uses of works are limited to parts of works (but short works can be used in their entirety if the use is for purposes of creating teaching materials)
  • Non-commercial Purposes: some uses of works must not be aimed at obtaining, directly or indirectly, an economic or commercial advantage
  • 3-step test: uses of works must not conflict with a normal exploitation of the work and not unreasonably prejudice the legitimate interests of the author

Introduced/last updated: 24 August 2004

Remarks: Portugal has two exceptions covering educational uses of works (Art. 75(2)(f) and (g)) and one exception covering the use of performances, phonograms, film fixations and broadcasts for educational and scientific purposes (Art. 189(1)(c)).

The main exception permitting the use of works for teaching purposes (Art. 75(2)(f)) is open to all users, but it is conditioned to uses that are exclusively related to the teaching objectives in the “establishments” (implying that the exception only covers formal activities, but without specifying which establishments are those). This exception allows reproduction, distribution and making available to the public of works. This exception is not subject to compensation. This exception requires attribution, is subject to the 3-step test, is subject to quantity limitations (it only allows the use of parts of works), and it requires that the uses are not aimed at obtaining, directly or indirectly, an economic or commercial advantage.

The other exception allows the inclusion of works for purposes of creating teaching materials (Art. 75(2)(h)). This exception is subject to compensation, requires attribution, it is subject to the 3-step test and to quantity limitations (it only allows the use of parts of works or short works in their entirety).

The exception that applies to subject matter protected by neighbouring rights (Art. 189(1)(c)) is open to all users and it covers any uses both for educational and scientific purposes. This exception is not subject to compensation, does not require attribution, it is not subject to the 3-step test and it does not have any further conditions.