Portugal has implemented the Ephemeral recordings made by broadcasters (Art. 5.2(d) InfoSoc) exception in Articles 187(1)(c) and 189(1)(d) and (e) Código do Direito de Autor e dos Direitos Conexos. The national exception closely resembles the EU exception.

Implementation summary:

This exception allows for the ephemeral fixation made by a broadcasting organization (art. 189). The law also clarifies that the ephemeral fixation is allowed when the reproduction aims at purposes for which the reproduction was made (art. 187).

Implementation details:

Beneficiaries:

• broadcasting organizations

Purposes:

• purposes for which the reproduction was made

Usage:

• ephemeral fixation

Subject Matter:

• 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: Ephemeral fixation is regulated in both articles 189(1)(d) and 187(1)(c) of the Law, and the scope of the two provisions is almost entirely overlapping. This is due to the fact that they are both legacy provision that have not been changed since 1985 and 1997. Article 189(1)(e) also allows for the fixations or reproductions made by public entities or concessionaires of public services for some exceptional interest of documentation or for archive purposes.

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.