Portugal has implemented the Photocopying/photo-reproduction (Art. 5.2(a) InfoSoc) exception in Article 75(2)(a), first part, 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 reproduction of a work, for exclusively private purposes, on paper or similar medium, carried out through any type of photographic technique or process with similar results, with exception of musical scores.

Implementation details:

Beneficiaries:

• any user

Purposes:

• for exclusively private purposes

Usage:

• reproduction (on paper or similar medium)

Subject Matter:

• map[subjectmatter:<nil>]
• works (with exception of musical scores)

Compensation:

• fair 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 carried out through any type of photographic technique or process with similar results

Introduced/last updated: 24 August 2004

Remarks: Equitable remuneration is provided for in art.76(1)(b). In cases of analogue use a remunation is also due to the publisher.

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.