Portugal has implemented the Use of works of architecture or sculptures in public spaces (Art. 5.3(h) InfoSoc) exception in Article 75(2)(q) Código do Direito de Autor e dos Direitos Conexos. The national exception closely resembles the EU exception.

Implementation summary:

This exception allows for the use of works, such as works of architecture or sculpture, made to be kept permanently in public places.

Implementation details:

Beneficiaries:

• any user

Purposes:

• any purpose

Usage:

• any use

Subject Matter:

• works of architecture or sculpture, made to be kept permanently in public places

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: 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.