Portugal has implemented the Quotation for criticism or review (Art. 5.3(d) InfoSoc) exception in Article 75(2)(g) 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 insertion of citations or summaries of other people's works, whatever their genre and nature, in support of their own doctrines or for the purpose of criticism, discussion or teaching, and to the extent justified by the objective to be achieved.

Implementation details:

Beneficiaries:

  • any user

Purposes:

  • in support of beneficiaries' own doctrines
  • for the purpose of criticism, discussion or teaching

Usage:

  • insertion of citations or summaries of other people's works

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:

  • use must be limited to the extent justified by the objective to be achieved
  • works used must not be confused with the work of those who use them
  • reproduction or quotation must not be so extensive as to impair the interest in the original works

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 criticism or any other of those that authorise quotations 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.