Portugal has implemented the Use for the benefit of people with a disability (Art. 5.3(b) InfoSoc) exception in Article 75(2)(i) Código do Direito de Autor e dos Direitos Conexos. The national exception is slightly more restrictive than the EU exception.

Implementation summary:

This exception allows for the reproduction, public communication and making available to the public in favor of people with disabilities of works that are directly related and to the extent strictly required by those specific disabilities and provided that they are not, directly or indirectly, for profit.

Implementation details:

Beneficiaries:

• any user

Purposes:

• in favor of people with disabilities

Usage:

• reproduction
• public communication
• making available to the public

Subject Matter:

• works
• performances
• phonograms
• film fixations
• broadcasts

Compensation:

• no compensation required

Attribution:

• use must be accompanied by the indication, whenever possible, of the name of the author and editor, the title of the work and other circumstances that identify them

Other Conditions:

• works used must be directly related to the disabilities (probable mistransposition or mistranslation of the directive)
• use must be limited to the extent strictly required by the specific disabilities
• use must not be, directly or indirectly, for profit
• the rules apply without prejudice to the provisions of articles 82a, 82b and 82c of the Law, which introduce the Marrakesh exception for the print desabled

Introduced/last updated: 24 August 2004

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

Indication of source is mandatory in Portugal for all exceptions. Under art. 76º n.º1 (a), the free use referred to in the previous article must be accompanied by the indication, whenever possible, of the name of the author and editor, the title of the work and other circumstances that identify them.