Portugal has implemented the Reproductions by Libraries, Archives & Museums (Art. 5.2(c) InfoSoc) exception in Article 75(2)(e) 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, in whole or in part, of a work that has previously been made available to the public, provided that such reproduction is carried out by a public library, a public archive, a public museum, a non-commercial documentation center or a scientific or educational institution, and that such reproduction and the respective number of copies are not intended for the public, are limited to the needs of the specific activities of those institutions and are not aimed at obtaining a direct or indirect economic or commercial advantage, including the acts of reproduction necessary for the preservation and archiving of any works.

Implementation details:

Beneficiaries:

• public libraries, public archives, public museums, non-commercial documentation centers and scientific or educational institutions

Purposes:

• non-commercial purpose

Usage:

• reproduction

Subject Matter:

• works
• performances
• phonograms
• film fixations
• broadcasts

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:

• reproduction and the respective number of copies must not be intended for the public
• use must be limited to the needs of the specific activities of beneficiaries

Introduced/last updated: 24 August 2004