Portugal has implemented the Press review (Art. 5.3(c) 1st part InfoSoc) exception in Article 75(2)(c) and (m) Código do Direito de Autor e dos Direitos Conexos. The national exception closely resembles the EU exception.

Implementation summary:

This exception allows for the regular selection of periodic newspaper articles in the form of press reviews (art 75(2)(c) of the Law) as well the reproduction, communication to the public or making available to the public of current affairs articles, as well as of economic, political or religious discussions, or broadcasted works or other materials of the same nature, unless the use has been expressly reserved (art 75(2)(m) of the Law).

Implementation details:

Beneficiaries:

  • any user

Purposes:

  • not specified (informatory purpose)
  • press reviews

Usage:

  • reproduction
  • communication to the public
  • making available to the public

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 used must be on current affairs
  • works used must be on economic, political or religious topics
  • rights must not be expressly reserved by the rightsholder

Introduced/last updated: 24 August 2004

Remarks: The exception applies mutatis mutandis to neighbouring rights under art. 189(3) of the Copyright code. Also under 189(1)(b), excerpts from a performance, a phonogram, a videogram or a broadcast, provided that the use of such excerpts is justified for the purposes of information or [...] summaries referred to in Article 75(2)(g), is exempted from protection by related rights.

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.