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This page provides an overview of copyright rules of Portugal relevant to uploading works into Wikimedia Commons. Note that any work originating in Portugal must be in the public domain, or available under a free license, in both Portugal and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from Portugal, refer to the relevant laws for clarification.

Governing laws

Portugal has been a member of the Berne Convention since 29 March 1911, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 14 March 2010.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Code of Copyright and Related Rights (as amended up to Decree-Law No. 100/2017 of August 23, 2017) as the main IP law enacted by the legislature of Portugal.[1] WIPO holds the text of this law in their WIPO Lex database.[2]

General rules

Under the Code of Copyright and Related Rights (as amended up to Decree-Law No. 100/2017 of August 23, 2017),

  • The author's moral rights, including and in particular the right to attribution, are perpetual, even after the copyright expires.[100/2017 Art.9(3)]
  • Except where otherwise specified, copyright subsists for 70 years after the death of the author, even if the work is only disclosed or published posthumously.[100/2017 Art.31]
  • Copyright in work of joint authorship, as such, expires 70 years after the death of the author who dies last.[100/2017 Art.32(1)]
  • The rights in a collective work or work originally attributed to a legal entity expires 70 years after first publication or lawful disclosure, unless the individual(s) who created the work were identified in versions made available to the public.[100/2017 Art.32(2)]
  • Copyright attributed to individual authors of a collective work with regard to contributions that can be distinguished is 70 years after the death of the author.[100/2017 Art.32(3)]
  • The duration of protection of anonymous works is 70 years after publication or disclosure.[100/2017 Art.33(1)] If the identity of the author is revealed in this period, the term of protection 70 years after the death of the author.[100/2017 Art.33(2)]
  • Copyright in cinematographic work or other audiovisual work expires 70 years after the death of the last survivor of the director; the author of the adaptation; the author of the dialogue; the author of the musical compositions specially created for the work.[100/2017 Art.34]

See {{PD-Portugal-URAA}} for compatibility between the Uruguay Round Agreements Act and works in the public domain in Portugal.

Photographs

All photographs taken until 30 June 1970 are in the public domain in Portugal, as Decree Law n.° 334/97 of 27 November, which established the current 70 year protection on photographic works, as well as the 25 year protection on non-published public domain works, specifically applies retroactively only to works that were under protection in EU countries as of 1 July 1995 (§5). In the previous Law No. 114/91 as of September 3, 1991, copyright for all photographic works expired after 25 years after the work had been made. Copyright of non-published works was specifically voided 25 years after creation of the work. (§34).[3]

In order to have copyright, photographic works are required to be published displaying a) the name of the photographer, b) in the case of photographs of works of plastic art, the name of the author of the work photographed. (§167 of the current 2017 copyright law). Failure to comply this voids the copyright of the work, unless bad faith on the reproduction can be proved.[4]

Not protected

Under the Code of Copyright and Related Rights (as amended up to Decree-Law No. 100/2017 of August 23, 2017),

  • There is no copyright protection for a) The news of the day and the reports of various events as simple information in any way disclosed; b) Applications, allegations, complaints and other texts submitted in writing or orally before public authorities or services; c) Proposed texts and speeches delivered to assemblies or other collegiate bodies, political, administrative, national, regional or local levels, or in public debates on matters of common interest; d) Political speeches.[100/2017 Art.7(1)]
  • Integral reproduction of speeches, oratory pieces and other texts referred to in sub-paragraphs c) and d) of paragraph 1 may only be made by the author or with his consent.[100/2017 Art.7(2)]
  • The use by a third party of work referred to in paragraph 1, when free, shall be limited to that required by the purpose to be achieved with its disclosure.[100/2017 Art.7(3)]

Copyright tags

See also: Commons:Copyright tags

Freedom of panorama

See also: Commons:Freedom of panorama

 OK {{FoP-Portugal}} Under the Code of Copyright and Related Rights (as amended up to Decree-Law No. 100/2017 of August 23, 2017),

  • It is lawful, without the author's consent, to make the following uses of a work:[100/2017 Art.75(2)] ... use of works, such as works of architecture or sculpture, made to be located permanently in public places;[100/2017 Art.75(2.q)]
  • "Use" includes taking a photograph of such a work and publishing it.[100/2017 Art.68]
  • However, in conformity with the Berne three-step test, the allowed uses must not conflict with a normal exploitation of the work, nor unreasonably prejudice the legitimate interests of the rights holder.[100/2017 Art.75(4)]
  • Also, "The free uses mentioned in the preceding article [§75] shall be accompanied by the indication, wherever possible, of the name of the author and of the editor, the title of the work and other circumstances that identify them...."[100/2017 Art.76(a)]

According to at least one legal scholar, "public location" includes public interiors within the context of Portuguese law.[5]

Threshold of originality

See also: Commons:Threshold of originality

w:File:Juventude Socialista Portugal.png was deleted as it was considered to be above the threshold of originality.

Photographs

In Portugal photographs have been consistently specifically required to have a significant degree of creativity in order to be copyrighted. Article §164 of the current 2017 copyright law states that "the choice of a photograph's subject and the conditions of its creation must be deemed to be a personal artistic creation by the author before a photograph may qualify for protection".

Court cases
  • Landscape photograph: Ruled as without originality. In 2009 the Tribunal da Relação de Lisboa ruled as void of copyright for lack of artistic creativity a landscape photograph the author was claiming copyright on due to his choice of the setting, light and other conditions. It was considered by the court "a vulgar photograph resultant from the mere choice of an object, such as a city council building and part of a group of trees, without a minimum of creativity".[6] The subject is discussed in a 2017 article published by the Instituto Portugues de Fotografia.[7]
  • Heart reproduction commissioned to a laboratory in order to be presented in an exposition: Ruled as without originality.[6]
  • Clothing/Fashion: Ruled as without originality.[8]

See also

Citations

  1. a b Portugal Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-13.
  2. Code of Copyright and Related Rights (as amended up to Decree-Law No. 100/2017 of August 23, 2017). Portugal (2017). Retrieved on 2018-11-13.
  3. Code of Copyright and Related Rights (as amended up to Law No. 114/91 of September 3, 1991). WIPO. Retrieved on 2019-03-29.
  4. 312/10.5TBVIS.C1 Acórdão do Tribunal da Relação de Coimbra (in Portuguese) (5 October 2011). Retrieved on 2019-03-29.
  5. Nobre, Teresa (2016). Best Case Scenarios for Copyright: Freedom of Panorama in Portugal (PDF). COMMUNIA. Retrieved on June 8, 2016.
  6. a b 1848/07.0TJLSB-8 Acórdão do Tribunal da Relação de Lisboa (in Portuguese) (2009). Retrieved on 2019-03-29.
  7. “Bom registo” é um elogio a um trabalho fotográfico? (in Portuguese). Instituto Portugues de Fotografia (7 November 2017). Retrieved on 2019-03-29.
  8. 268/13.2YHLSB.L1-7 Acórdão do Tribunal da Relação de Lisboa (in Portuguese) (2017). Retrieved on 2019-03-29.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer