Portugal has implemented the Use for the purpose of research or private study (Art. 5.3(n) InfoSoc) exception in Article 75(2)(o) Código do Direito de Autor e dos Direitos Conexos. The national exception closely resembles the EU exception.
Implementation summary:
This exception allows for the communication to the public or making available to the public, for the purpose of research or personal study, to individual members of the public by terminals intended for this purpose on the premises of libraries, museums, public archives and schools, of protected works not subject to purchase or licensing conditions and forming part of their collections or holdings of goods.
Implementation details:
Beneficiaries:
- libraries
- museums
- public archives
- schools
Purposes:
- research or personal study by individual members of the public
Usage:
- 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:
- use must be made by terminals intended for the purpose on the premises of beneficiaries
- works used must not be subject to purchase or licensing conditions
- works used must be forming part of beneficiaries' collections or holdings of goods
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.
