Portugal has implemented the Reproduction of broadcasts by social institutions (Art. 5.2(e) InfoSoc) exception in Article 75(p) 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 works, carried out by non-profit social institutions, such as hospitals and prisons, when it is transmitted by radio broadcasting.

Implementation details:

Beneficiaries:

• non-profit social institutions, such as hospitals and prisons

Purposes:

• no specific purpose

Usage:

• reproduction

Subject Matter:

• map[subjectmatter:<nil>]
• works
• performances
• phonograms
• 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:

• use is limited to radio broadcastings

Introduced/last updated: 24 August 2004

Remarks: Art 76(1)(d) of the Law provides for equitable compensation for rightsholders.

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.