Portugal has implemented the Use for the purpose of reconstructing a building (Art. 5.3(m) InfoSoc) exception in Article 75(2)(g) Código do Direito de Autor e dos Direitos Conexos. .

Implementation summary:

This exception allows for the use of an artistic work in the form of a building, a drawing or plan of a building for the purpose of reconstruction or repair.

Implementation details:

Beneficiaries:

• any user

Purposes:

• reconstruction or repair

Usage:

• any use

Subject Matter:

• artistic work in the form of a building, a drawing or plan of a building

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.