Portugal has implemented the Use of public speeches and public lectures (Art. 5.3(f) InfoSoc) exception in Article 7(1)(d) and 75(2)(b) Código do Direito de Autor e dos Direitos Conexos. The national exception is slightly more restrictive than the EU exception.

Implementation summary:

According to Article 7, political speeches are not subject to copyright protection. Same applies to their official translations. However, the law does not allow for the full reproduction or reprint in a collection or in another joint use, of speeches, oratory pieces and other texts, without the rightsholder's consent. Also, the permitted use is limited to what is required for the purpose to be achieved with the disclosure of the work. In addition, Article 75(2)(b) allows for the reproduction and making available to the public, by the media, for information purposes, of speeches, addresses and lectures given in public that do not fall within the categories provided for in Article 7, by extract or in summary form.

Implementation details:

Beneficiaries:

• any user (for political speeches)
• the media (for other subject matter)

Purposes:

• not specified (for political speeches)
• information purposes (for other subject matter)

Usage:

• any use (except for full reproduction or reprint in a collection or in another joint use)
• reproduction
• making available to the public

Subject Matter:

• political speeches
• speeches, addresses and lectures given in public (by extract or in summary)

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:

• use is limited to what is required for the purpose to be achieved with the disclosure of the work

Introduced/last updated: 01 January 1970

Remarks: The exception in art 7 is regulated outside of art.75 of the Law, so arts 189(3), 189(1)(b) and 76(2) do not apply. However, 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.

Under art 76(2), the works reproduced or cited, in the cases of paragraphs b), d), e), f), g) and h) of paragraph 2 of art 75, must not be confused with the work of those who use them, nor can the reproduction or quotation be so extensive as to impair the interest in those works.