Portugal has implemented the Use for public security purposes (Art. 5.3(e) InfoSoc) exception in Article 75(2)(n) Código do Direito de Autor e dos Direitos Conexos. .

Implementation summary:

This exception allows for the use of works for the purposes of public security or to ensure the smooth running or reporting of administrative, parliamentary or judicial proceedings.

Implementation details:

Beneficiaries:

  • any user

Purposes:

  • public security
  • to ensure the smooth running or reporting of administrative, parliamentary or judicial proceedings

Usage:

  • any use

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

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.