Portugal has implemented the Reporting by the press on current events (Art. 5.3(c) 2nd part InfoSoc) exception in Article 75(2)(d) 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 fixation, reproduction and public communication by any means of fragments of literary or artistic works, when their inclusion in reports of current events is justified by information purposed pursued.

Implementation details:

Beneficiaries:

  • any user

Purposes:

  • inclusion in reports of current events

Usage:

  • fixation
  • reproduction
  • public communication

Subject Matter:

  • fragments of literary or artistic works
  • performances (excerpts)
  • phonograms (excerpts)
  • film fixations (excerpts)
  • broadcasts (excerpts)

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:

  • use must be justified by information purposed pursued

Introduced/last updated: 24 August 2004

Remarks: The exception applies mutatis mutandis to neighbouring rights under art. 189(3) of the Copyright code. Also under 189(1)(b), excerpts from a performance, a phonogram, a videogram or a broadcast, provided that the use of such excerpts is justified for the purposes of information or [...] summaries referred to in Article 75(2)(g), is exempted from protection by related rights.

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.

Under art 76(2), the works reproduced or cited, in the cases of paragraphs b), d), e), f), g) and h) of paragraph 2 of art 75, must not be confused with the work of those who use them, nor can the reproduction or quotation be so extensive as to impair the interest in those works.