Portugal has implemented the Use during religious or official celebrations (Art. 5.3(g) InfoSoc) exception in Article 75(2)(j) 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 public performance and communication to the public of officially adopted hymns or patriotic chants and works of exclusively religious character during acts of worship or religious practices.
Implementation details:
Beneficiaries:
- any user
Purposes:
- use during acts of worship or religious practices
Usage:
- public performance
- communication to the public
Subject Matter:
- officially adopted hymns
- patriotic chants
- works of exclusively religious character
- 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.
