Portugal has implemented the Use for advertising the exhibition or sale of works of art (Art. 5.3(j) InfoSoc) exception in Article 75(2)(l) Código do Direito de Autor e dos Direitos Conexos. The national exception closely resembles the EU exception.

Implementation summary:

This exception allows for the use of the work for advertising purposes in connection with the public exhibition or sale of artistic works, to the extent necessary to promote the event, to the exclusion of any other commercial use.

Implementation details:

Beneficiaries:

• any user

Purposes:

• advertising purposes, promotion
• other non-commercial use

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

Other Conditions:

• works must be used in connection with the public exhibition or sale of artistic works
• use must be limited to the extent necessary to promote the event

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.