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Portugal/ 5.1 General legislation  

5.1.7 Copyright provisions

  • Copyright and Related Rights Code (Decree-Law 63/85, as amended by Law 16/2008); regulations regarding copyright duration (Decree-Law 334/97); regulations governing compensation for reproducing or recording (Law 62/98) - transposing European directives;
  • Regulations governing Rental and Lending Rights, and certain rights relating to copyright that exempt public libraries, schools, universities, museums, public archives, public foundations and non-profit organisations from the payment of remuneration for public lending (Decree-Law 332/97); and
  • Regulations governing resale rights for original works of art (Law 24/2006). Transposes into national law European Parliament and Council Directive 2001/84/CE, of 27 September 2001 (the Resale Rights directive), on the right of resale for the benefit of the author of a work of art, subsequent to the first transfer of the work by that author.

A governmental office for author's rights was established in 1997 (Decree-Law 57/97) to provide information to the public and official support for new legislative initiatives by the government in copyright matters. With PRACE restructuring, this office is now integrated in GPEARI - at the Ministry of Culture.

There are also private institutions for the management of copyright and related rights in terms of the national legislation: the Portuguese Authors Society (SPA, founded in 1925), the Management of Artists and Performers Rights (GDA, founded in 1995) and the Association for the Management of Private Copies (AGECOP, founded in 1998).

Chapter published: 13-07-2011

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