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Code of Copyright and Related Rights of September 3 1991
Code of Copyright and Related Rights | |
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| (No. 45/85 of September 17, 1985, as last amended by Law No. 114/91 of September 3, 1991) | |
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| TITLE I
Works Protected and Copyright | |
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| CHAPTER I
Works Protected | |
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| (a) books, pamphlets, magazines, newspapers and other writings; | |
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| (b) lectures, lessons, addresses and sermons; | |
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| (c) dramatic and dramatico-musical works and their production; | |
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| (d) works of choreography or mime which are expressed in written or any other form; | |
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| (e) musical compositions, with or without words; | |
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| (f) cinematographic, television, phonographic, video and radiophonic works; | |
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| (g) works of drawing, tapestry, painting, sculpture, pottery, glazed tiles, engraving, lithography and architecture; | |
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| (h) photographic works and works produced by processes analogous to photography; | |
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| (i) works of applied art, industrial designs, and works of design that constitute artistic creations, whether or not protected as industrial property; | |
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| (j) illustrations and geographical maps; | |
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| (l) plans, sketches and three-dimensional works concerning architecture, town planning, geography or other sciences; | |
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| (m) emblems or slogans, even if used for advertising, provided that they show originality; | |
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| (n) parodies and other literary or musical compositions, even if inspired by the theme or subject of another work. | |
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| Works deemed to be original | |
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| (a) translations, arrangements, instrumentations, dramatizations, cinematographic and other transformations of a work, even if it has not been the subject of protection; | |
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| (b) summaries and collections of works, whether protected or not, such as selections, encyclopaedias and anthologies which, by reason of the selection or arrangement of their contents, constitute intellectual creations; | |
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| (c) systematic or annotated collections of texts of conventions, laws, regulations. decrees, administrative or legal decisions, or decisions by any body or authority of the State or administration. | |
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| (a) titles consisting of the generic, necessary or habitual designation of the subject matter of works of a certain kind; | |
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| (b) titles consisting solely of the names of historical, historico-dramatic or literary and mythological personages, or of the names of living persons. | |
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| Titles of newspapers and other periodicals | |
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| Published works and disclosed works | |
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| (a) news of the day and reports of events given simply for information, however disclosed; | |
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| (b) petitions, allegations, complaints and other texts submitted in writing or orally to public authorities or services; | |
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| (c) texts proposed and speeches made before assemblies or other collegiate, political and administrative bodies, at the national, regional or local levels, or in public debates, on topics of common interest; | |
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| Collections and annotations of official texts | |
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| SECTION I
Contents of Copyright | |
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| SECTION II
Attribution of Copyright | |
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| Article 11. Unless otherwise specified, copyright shall belong to the intellectual creator of the work. | |
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| Article 12. Copyright shall be recognized independently of registration, filing, or any other formality. | |
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| Article 13. Any person who has in any way either totally or partially subsidized or financed the preparation, conclusion, disclosure, or publication of a work shall not thereby obtain any of the powers derived from the copyright, unless there is written agreement to the contrary. | |
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| Determination of ownership in exceptional cases | |
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| (a) when the intellectual creation has been carried out with all due care but clearly goes beyond the responsibility or task entrusted; | |
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| (b) when benefits or uses not foreseen in the agreement on remuneration arise. | |
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| Concepts of work of joint authorship and collective work | |
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| (a) a work of joint authorship, when it has been disclosed or published in the names of all or some of the coauthors, whether or not it is possible to distinguish their individual contributions; | |
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| (b) a collective work, when it has been carried out by a single or collective entity and has been disclosed or published in its name. | |
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| Works of joint authorship | |
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| Individual rights of authors of a work of joint authorship | |
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| (b) the author of the work’s subject and, if it is a different person, the author of the screenplay, as well as the author of the music. | |
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| Use of other works in cinematograpic works | |
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| Phonographic and videographic works | |
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| Article 24. The authors of the text and music fixed and the producers of videographic works shall be deemed to be the authors of phonographic and videographic works. | |
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| Works of architecture, town planning and design | |
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| Article 25. The creator of the global concept and the relevant project shall be the author of a work of architecture. town planning or design. | |
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| CHAPTER III
Authors and Literary or Artistic Names | |
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| Identification of the author | |
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| Article 28. The author may indicate his authorship either by using his own name in full or in part, his initials, a pseudonym, or any other conventional symbol. | |
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| Works by anonymous authors | |
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| Article 31. In the absence of any special provision, copyright shall lapse 50 years after the death of the creator of the work. even in the case of works disclosed or published posthumously. | |
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| Works of joint authorship and collective works | |
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| Anonymous works and works deemed to be anonymous | |
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| Photographic works, works deemed to be photographic work
and works of applied art | |
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| Protection of parts or volumes of works | |
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| Calculation of the date of lapsing | |
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| Article 37. The dates of lapsing referred to in the preceding Articles shall only be calculated from the first day of the year following that in which the period of protection ended. | |
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| Protection of foreign works | |
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| Article 38. The duration of protection granted to works originating in foreign countries shall be that laid down in the above provisions, provided that it does not exceed the duration granted by the legislation in the country of origin. | |
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| Falling into the public domain | |
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| CHAPTER V
Transfer and Assignment
of the Economic Content of Copyright | |
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| Availability of economic powers | |
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| Article 40. The original owner of the copyright, as well as his successors or transferees, may: | |
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| (a) authorize use of the work by a third party; | |
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| (b) transfer or assign all or part of the economic content of the work’s copyright. | |
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| Limitations of transfer and assignment | |
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| Article 42. Powers granted for the guardianship of moral rights and other rights excluded by the law may not be the subject of either voluntary or compulsory transfer or assignment. | |
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| Partial transfer or assignment | |
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| Article 44. Under penalty of nullity, the total and permanent transfer of the economic content of copyright may only be effected by public deed identifying the work and indicating the relevant remuneration. | |
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| Article 47. An author’s economic rights in all or some of his works may be the subject of seizure or attachment; their action shall take place in accordance with the provisions of Article 46 regarding sale of security. | |
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| Advance payment of copyright | |
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| Seizure and attachment of unpublished and incomplete works | |
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| Copyright in an unclaimed estate | |
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| Reedition of works out of print | |
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| Article 55. Copyright may not be acquired by prescription. | |
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| Reproduction of ne varietur works | |
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| Article 58. Where the author has partially or wholly revised his work and has effected or authorized the disclosure ne varietur, his successors or third parties may not reproduce any of the previous versions. | |
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| Modification of architectural projects | |
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| Moral rights in cases of attachment | |
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| Article 62. The author of a disclosed or published work may at any time withdraw it from circulation and may terminate its use in any form, provided that he has justifiable moral reasons, but he shall compensate the interested parties for the prejudice caused. | |
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| CHAPTER VII
International Regime | |
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| Competence of Portuguese jurisdiction | |
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| Article 63. Portuguese jurisdiction shall have exclusive competence for determining the protection to be granted to works, without prejudice to ratified or approved international conventions. | |
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| Protection of foreign works | |
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| Article 64. Works by foreign authors or having a foreign country as their country of origin shall enjoy the protection granted by Portuguese law, subject to reciprocity, and with the exception of any international convention to the contrary to which the Portuguese State may be bound. | |
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| Country of origin of published works | |
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| Country of origin of unpublished works | |
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| CHAPTER I
General Provisions | |
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| SECTION I
Procedure Regarding Use | |
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| (a) publication, either by printing or by any other method of graphic reproduction; | |
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| (b) performance, recitation, execution, exhibition or display to the public; | |
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| (c) cinematographic reproduction, adaptation, performance, execution, distribution and projection; | |
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| (d) fixing or adapting any apparatus used for mechanical, electric, electronic or chemical reproduction and public performance, transmission or retransmission by such means; | |
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| (e) diffusion by photography, telephotography, television, radio or by any other process for reproducing signals, sounds or images, as well as public communication by loudspeaker or analogous instruments, whether by wire or not, in particular, by hertzian waves, optical fiber, cable or satellite, when such communication is carried out by an organization other than the original one; | |
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| (f) direct or indirect appropriation in any form such as the sale or rental of copies of the work reproduced; | |
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| (g) translation, adaptation, arrangement, instrumentation or any other transformation of the work; | |
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| (i) total or partial reproduction by any means; | |
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| (j) construction of an architectural work according to a plan, whether or not it is a repetition. | |
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| Authors in a state of incapacity | |
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| Article 69. An intellectual creator in a state of incapacity may exercise his moral rights provided that he is naturally able to do so. | |
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| Legal right of translation | |
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| Article 71. The legal right to use a work without the author’s prior consent also implies the right to translate or transform the work in any way necessary for its use. | |
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| SECTION II
Administration of Copyright | |
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| Article 72. Powers related to the administration of copyright may be exercised by the owner of the copyright himself or through his duly authorized representative. | |
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| Register of representatives | |
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| CHAPTER II
Unrestricted Use | |
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| Article 75. The following uses of a work without the consent of the author shall be lawful: | |
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| (b) regular selections of press articles in the form of press reviews; | |
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| (c) fixing, reproduction and public communication by any means of short excerpts from literary or artistic works when their use in news stories is justified for information purposes; | |
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| (d) partial or total reproduction by photography or by an analogous process of a work that has previously been made available to the public, provided that such reproduction is carried out by a public library, a noncommercial documentation center or a scientific institution, and that such reproduction and the corresponding number of copies are not for public use and are limited to the requirements of such institutions’ activities; | |
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| (e) partial reproduction by the processes referred to in the preceding subparagraph, by educational establishments, provided that such reproduction and the number of copies made are for use exclusively for educational purposes in such establishments and that their use is not profit-making; | |
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| (f) inclusion of quotations or summaries from another author’s work, whatever their type or nature, in support of one’s own opinions or for purposes of criticism, discussion or teaching; | |
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| (g) inclusion of short excerpts or parts of another author’s work in works used for teaching; | |
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| (h) performance of national anthems or officially adopted patriotic songs, as well as works of a religious character, during religious rites or services; | |
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| (i) reproduction of news articles and economic, political or religious articles, provided that rights have not been specifically reserved. | |
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| (a) mention, wherever possible, of the name of the author and of the publisher, of the title of the work and other elements enabling it to be identified; | |
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| Comments, annotations and discussions | |
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| Publication of unprotected works | |
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| Article 80. Reproduction or other forms of use employing braille or another system for blind persons of lawfully published works shall be permitted, provided that such reproduction or use is not for profit-making purposes. | |
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| Article 81. The following reproduction shall be permitted: | |
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| (a) one copy, for purposes of exclusively scientific or humanitarian interest, of works not commercially available or impossible to obtain, for the period necessary for their use; | |
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| (b) for exclusive private use, provided that it does not harm normal exploitation of the work nor cause unjustified prejudice to the author’s legitimate interests, and that the reproduction is not used for any purposes of public communication or commercialization whatsoever. | |
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| Compensation for the reproduction or recording of works | |
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| Article 83. A publishing contract shall mean a contract by which an author grants a third party, subject to the conditions stipulated in the contract or provided for in the legislation, an authorization to produce on his own behalf a specified number of copies of a work or series of works, the third party being responsible for the distribution and sale of the work or works. | |
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| (a) production by the third party of a specified number of copies of a work and its stocking, distribution and sale, the parties having agreed between them to divide the profits or losses of the corresponding exploitation; | |
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| (b) production by the third party of a specified number of copies of a work and its stocking, distribution and sale, on behalf of the owner of the right and at his risk, against payment of a fixed or proportional sum; | |
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| (c) the stocking, distribution and sale of copies of the work against payment of a commission or any other form of remuneration. | |
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| Article 85. Publishing contracts may have as their object one or more existing or future, published or unpublished works. | |
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| Obligations of the author | |
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| Obligations of the publisher | |
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| Modernization of spelling | |
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| Article 93. Except for the author’s option regarding the aesthetic nature of the spelling, modernization of spelling in accordance with the official rules in force shall not be deemed to be modification of the work. | |
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| Article 97. On each copy of the work, the publisher shall mention the name or pseudonym of the author or another designation identifying him. | |
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| Sale of copies at reduced prices or by weight | |
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| Transfer of publishing rights | |
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| Death or incapacity of the author | |
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| Bankruptcy of the publisher | |
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| Reeditions and successive editions | |
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| Cancellation of contracts | |
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| (a) where a prohibition has been imposed on the publisher; | |
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| (b) where, at the death of the individual publisher, his establishment does not continue with one or several of his successors; | |
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| (d) in all other cases specifically provided for and, in general, where it is proven that any of the contractual clauses or the direct or supplementary legal provisions applicable have not been fulfilled. | |
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| Article 107. Performance shall mean presentation before an audience of a dramatic, dramatico-musical, choreographic, mime or other similar work, by means of dramatic fiction, singing, dancing, music or other appropriate means, either separately or together. | |
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| Form, content and effects | |
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| Proof of the author’s authorization | |
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| Article 111. Where performance of a work that does not fall within the public domain requires a license or an administrative authorization, in order to obtain it the competent authority shall be given documentary proof that the author has agreed to its performance. | |
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| Article 112. Performance of a work without authorization, or not in accordance with its content, shall give the author the right to have the performance stopped immediately, without prejudice to the criminal or civil liability of the impresario or promoter of the entertainment. | |
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| (a) introduce into the work, independently of the other party’s consent, the changes he deems necessary, provided that they do not alter its general structure nor detract from its dramatic or theatrical interest, nor prejudice the programming of rehearsals and performances; | |
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| (b) be consulted regarding casting; | |
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| (c) attend rehearsals and give the necessary indications regarding interpretation and direction; | |
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| (d) be consulted regarding the choice of artistic collaborators: | |
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| (e) object to performance where he considers that there have not been sufficient rehearsals; however, he may not make undue use of this possibility and unjustifiably delay performance, in which case he shall be liable for damages; | |
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| (f) verify the performance himself or through his representative, for which purpose they shall have free access to the premises during the performance. | |
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| Suppression of passages in the work | |
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| Article 114. Where a judicial decision compels the suppression of a passage in the work thereby compromising or altering its general theme, the author shall have the right to withdraw the work and to cancel the contract without incurring any liability. | |
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| Obligations of the impresario | |
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| Secrecy of unpublished works | |
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| Article 116. Where a work has never been performed nor reproduced, the impresario may not make it known before the first performance, except for publicity purposes according to customary usage. | |
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| Transmission, reproduction and filming of the performance | |
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| Article 117. Performance of the work, in whole or in part, through transmission by audio or visual broadcasting, reproduction on phonograms or videograms, filming or presentation, shall require the author’s written consent, in addition to authorization by the show’s impresario and its performers. | |
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| Transfer of the impresario’s rights | |
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| Article 118. The impresario may not transfer rights deriving from the performance contract without the author’s consent. | |
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| Performance of undisclosed works | |
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| Article 119. An author who has concluded a performance contract regarding an undisclosed work may publish it, by means of printing or by any other reproduction process, unless otherwise agreed with the impresario. | |
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| Cancellation of contracts | |
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| (a) cases legally or contractually established; | |
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| (c) cases where the public obviously and continuously does not attend performances. | |
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| SECTION III
Recitation and Performance | |
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| Assimilation to performance | |
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| Obligations of the promoter | |
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| Fraudulent organization or execution of the program | |
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| SECTION IV
Cinematographic Works | |
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| Production of cinematographic works | |
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| Article 124. Cinematographic production shall be dependent upon the authorization of the authors of preexisting works, even though they may not be considered authors of cinematographic works within the meaning of Article 22. | |
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| Authorization by authors of cinematographic works | |
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| (3) Authorization by the authors of cinematographic works shall be required for the audio or visual broadcasting of the film, the trailer, tapes or records reproducing excerpts from the film, its communication to the public, whether by wire or not, in particular, by hertzian waves, optical fiber, cable or satellite, as well as its reproduction, exploitation or presentation in the form of a videogram. | |
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| Article 130. A cinematographic work shall be deemed to be terminated when the director and the producer agree upon its final version. | |
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| Article 131. Remuneration due to authors of cinematographic works may consist of a fixed lump sum, a percentage of the receipts derived from the film’s projection, a specified sum for each projection, or any other form agreed upon with the producer. | |
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| Article 132. Unless otherwise agreed, the producer who has concluded the contract with the authors may enter into partnership with another producer in order to ensure the execution and exploitation of the cinematographic work. | |
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| Transfer of the producer’s rights | |
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| Article 133. The producer may also at any time transfer rights deriving from the contract, in whole or in part, to a third party; however, he shall remain responsible towards the author for the strict fulfillment of the contract. | |
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| Identification of the work and the author | |
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| Separate use and reproduction | |
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| Article 135. Authors of the literary and musical parts of a cinematographic work may reproduce and use these parts separately in any way, provided that this does not prejudice the exploitation of the work as a whole. | |
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| Time limit for fulfillment of the contract | |
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| Article 136. Where the producer fails to terminate production of the cinematographic work within a period of three years from the date of handing over the literary and musical parts, or fails to have the finished film projected within a period of three years from the date of its termination, the author or coauthors shall have the right to cancel the contract. | |
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| Prints, matrices and copies | |
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| Bankruptcy of the producer | |
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| Article 138. Where, following bankruptcy of the producer, all or some of the copies of the cinematographic work are sold at reduced prices, the bankruptcy administrator shall inform the author or coauthors of the fact at least 20 days in advance so that they may take the steps they deem necessary for the defense of their material and moral interests and also so that they may exercise their right of priority to buy the copies auctioned. | |
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| Works produced by processes analogous to cinematography | |
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| Article 140. The provisions of this Section shall also apply to works produced by any process analogous to cinematography. | |
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| SECTION V
Phonographic and Videographic Fixing | |
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| Phonographic and videographic fixing contracts | |
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| Identification of the work and the author | |
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| Article 142. Phonograms and videograms shall show the title of the work or some means of identifying it, as well as the name or other identifying sign of the author, either directly printed on them or on labels, and provided that the nature of the work so permits. | |
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| Works that have already been fixed | |
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| Transfer of the producer’s rights | |
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| Article 145. Any person with whom a contract for fixing has been concluded may not transfer the rights deriving from the contract of authorization to third parties, in particular, by means of division, without the author’s consent, except in the case of dissolution of the establishment. | |
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| Article 146. Adaptation, arrangement or any other transformation of a work for the purposes of fixing, transmission, performance or presentation by mechanical, phonographic or videographic means, shall also be subject to the author’s written authorization which shall mention the purpose or purposes of the transformation. | |
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| Article 148. The provisions contained in this section shall apply to the reproduction of intellectual works by any process analogous to phonography or videography, whether it already exists or not. | |
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| SECTION VI
Broadcasting and Other Processes for the Reproduction
of Signals, Sounds and Images | |
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| Broadcasting of fixed works | |
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| Article 150. Where the work has been fixed for commercial purposes with the author’s consent, including specifically the corresponding communication or audio or visual broadcasting, it shall not be necessary to obtain special consent for each communication or broadcast, without prejudice to the moral rights and to the right to equitable remuneration. | |
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| Identification of the author | |
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| Article 154. Broadcasting stations shall indicate the name or pseudonym of the author together with the title of the broadcast work, with the exception of those cases recognized by customary usage in which the circumstances and requirements of the broadcast enable such indications to be omitted. | |
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| Public communication of broadcast works | |
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| Article 155. The author shall receive remuneration for public communication of a broadcast work by means of loudspeakers or by any other analogous instrument transmitting signals, sounds or images. | |
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| SECTION VII
Creation of Three-Dimensional,
Graphic and Applied Art | |
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| Liability for exhibited works | |
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| Article 158. The entity promoting exhibitions of works of art shall be liable for the safekeeping of the works exhibited and shall be required to insure them against fire, transport, theft and any other risk of destruction or deterioration and shall keep them on the exhibition site up to the end of the period of time laid down for their return. | |
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| Form and content of reproduction contracts | |
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| Architectural and town planning studies and projects | |
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| Return of the models or elements used | |
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| Article 163. The provisions in this section shall also apply to models of scenery, fashion plates, cartoons for tapestries, models for ceramic panels, enameled porcelaine tiles, stained glass, mosaics, mural reliefs, advertising posters and designs, book covers and, where applicable, to the graphic creations included therein, where they constitute artistic creations. | |
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| SECTION VIII
Photographic Works | |
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| Conditions for protection | |
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| Rights of authors of photographic works | |
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| Article 166. Unless otherwise agreed, transfer of the negative of a photographic work shall imply transfer of the rights referred to in the preceding Articles. | |
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| (a) the name of the photographer; | |
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| (b) in the case of photographs of works of plastic art, the name of the author of the work photographed. | |
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| Reproduction of commissioned photographs | |
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| SECTION IX
Translations and Other Transformations | |
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| Authorization by the author | |
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| Article 170. Where the publisher, impresario, producer, or other entity uses the translation for purposes additional to the conditions agreed upon or established in the present Code, the translator shall have the right to additionalcompensation. | |
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| Indication of the translator | |
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| Article 171. The name of the translator shall appear on copies of the work translated, on theater posters, in communications accompanying radio and television broadcasts, in film credits, and in all other promotion material. | |
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| Provisions applicable to translations | |
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| SECTION X
Newspapers and Other Periodical Publications | |
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| Journalistic work on behalf of third parties | |
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| Staggered and periodic publication | |
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| (10) Retransmission shall mean the simultaneous broadcast by one broadcasting organization of a program by another broadcasting organization. | |
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| Reservations on copyright | |
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| Article 177. The grant of related rights shall in no way affect the protection of authors over the work used. | |
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| Article 178. Performers may refuse: | |
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| (a) broadcasting or communication by any means to the public of the performances they have given, without their consent, except when these performances have already been broadcast or fixed; | |
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| (b) fixing, without their consent, of performances that have not already been fixed; | |
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| Authorization to broadcast | |
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| (b) retransmission by another broadcasting organization; | |
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| (c) commercialization of the performance fixed for broadcasting purposes. | |
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| Representation of performers | |
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| Article 182. Uses which distort a performance, misrepresent its text or prejudice the performer’s honor or reputation, shall be unlawful. | |
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| Article 183. Protection of performers shall last for 50 years as from the first day of the year following that in which the event that has generated protection occurs. | |
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| Identification of phonograms and videograms | |
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| Article 186. The protection of producers shall last for a period of 50 years as from the first day of the year following that in which the fixation has been made. | |
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| Rights of the broadcasting organization | |
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| Article 187. Broadcasting organizations shall have the right to authorize or refuse: | |
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| (a) retransmission of their programs; | |
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| (b) fixing on a material carrier of their programs; | |
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| (c) reproduction of the fixing of their programs, where this has not been authorized or in the case of ephemeral fixing, and reproduction for purposes different from those originally envisaged. | |
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| Article 188. Protection for broadcasts shall last for a period of 50 years as from the first day of the year following that in which the event that has generated protection occurs. | |
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| (b) excerpts from a performance, a phonogram, a videogram, or a broadcast program, provided that the use of such excerpts is justified for reasons of information or criticism, or other reasons authorized for quotations or summaries referred to in subparagraph (f) of Article 75; | |
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| (c) use for exclusively scientific or educational purposes: | |
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| (d) ephemeral fixing by the broadcasting organization; | |
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| (e) fixing or reproduction by public bodies or agents of public services for reasons of exceptional documentary interest or for archives; | |
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| (f) other cases in which use of the work without the author’s consent is lawful. | |
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| Requirements for protection | |
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| (a) the performer has Portuguese nationality or that of a member State of the European Communities; | |
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| (b) the performance is on Portuguese territory; | |
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| (c) the original performance was fixed or broadcast for the first time on Portuguese territory. | |
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| (a) the producer has Portuguese nationality or that of a member State of the European Communities or if his headquarters are effectively located on Portuguese territory or anywhere else on Community territory; | |
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| (b) the separate or combined fixing of sounds and/or images has been lawfully carried out in Portugal; | |
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| (c) the phonogram or videogram has been published for the first time or simultaneously in Portugal, simultaneously meaning publication according to the provisions of paragraph (3) of Article 65. | |
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| (a) the organization has its effective headquarters in Portugal or in a member State of the European Communities; | |
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| (b) the broadcast has been transmitted from a station located on Portuguese territory or from a member State. of the European Communities. | |
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| Article 191. Where the interested party has submitted a request approved by the Ministry of Culture and it has not proven possible to contact the owner of the right or he has not replied within the reasonable period provided, his consent is presumed, but the interested party may only effect the use requested if he guarantees payment of the remuneration. | |
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| Article 192. The provisions on forms of exercise of copyright shall, where appropriate, apply to the forms of exercise of related rights. | |
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| Article 193. Performers, producers of phonograms or videograms, and broadcasting organizations protected by ratified and approved international conventions shall also benefit from protection. | |
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| TITLE IV
Infringement and Protection of Copyright
and Related Rights | |
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| (a) any person who unlawfully discloses or publishes a work not disclosed nor published by its author or not destined to be disclosed or published, even where he presents it as the respective author’s work and whether or not he seeks to obtain economic benefits; | |
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| (b) any person who makes a collection or compilation of published or unpublished works without the author’s consent; | |
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| (c) any person granted an authorization to exploit a work, performance, phonogram, videogram or broadcast program who exceeds the limitations of the said authorization, except for the cases specifically provided for in this Code. | |
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| (a) any resemblance between duly authorized translations of the same work, or between photographs, drawings, engravings or other forms of representation of the same object, where, despite the similarities due to the identity of the object itself, each one of the works has its own specificity; | |
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| (b) any reproduction by photography or engraving made solely for the purposes of illustrating criticism of art. | |
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| Infringement of moral rights | |
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| Article 198. Any person shall be liable to the penalties laid down in the preceding Article: | |
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| (a) if he unlawfully claims authorship of a work or a performance that he knows not to be his own; | |
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| (b) if he prejudices the authenticity or integrality of a work by an act that changes its nature and which is liable to cause prejudice to the honor or reputation of the author or performer. | |
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| Use of infringed or unlawfully appropriated works | |
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| Attachment and loss of objects related to the committing of an offense | |
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| Special regime in cases of infringement of moral rights | |
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| Article 203. Civil liability derived from infringement of the rights provided for in this Code shall not be dependent upon the criminal procedure to which it gives rise, it may however be exercised in conjunction with criminal action. | |
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| Article 204. Where no specific regulations already exist, the provisions of Legislative Decree No. 433/82 of October 27, shall apply to minor offenses. | |
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| (a) failure by importers, manufacturers and sellers of material carriers for phonographic and videographic works to communicate the amounts imported, manufactured and sold, in accordance with the provisions ofparagraph (2) of Article 143; | |
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| (b) failure by manufacturers and reproducers of phonograms and videograms to communicate the quantities they have manufactured or reproduced, in accordance with the provisions of paragraph (3) of Article 143. | |
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| (2) Failure to respect the provisions of Articles 97, 115, paragraph (4), 126, paragraph (2), 134, 142, 154, 160, paragraph (3), 171 and 185, shall also constitute minor offenses liable to a fine of 200,000 to 200,000 escudos, and do not exempt from the need to indicate the name or pseudonym of the performer, including in the case of paragraph (1) of Article 180. | |
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| Competence for procedure regarding minor offenses and for enforcing fines | |
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| Article 206. Competence for procedure regarding minor offenses and for enforcing fines shall belong to the Director General of Entertainment and Copyright. | |
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| Article 207. Appeals against decisions in cases involving fines not exceeding 80,000 escudos shall not have a suspensive effect. | |
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| Article 208. The amounts of the fines collected for minor offenses shall belong to the Fund for Cultural Promotion. | |
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| Article 209. Without prejudice to the preventive measures provided for under the law, the author may request the police and administrative authorities of the place in which infringement of his right has been ascertained the immediate suspension of any performance, recitation, presentation or any other form of exhibition of the protected work that is being carried out without his due authorization and he may also request the attachment of all the receipts. | |
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| Article 210. Unlawful use of a literary or artistic name or of any other form of identification of the author shall give the interested party the right to compensation for damages, in addition to cessation of its use. | |
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| Article 211. In calculating the compensation due to the injured party, the amount of the receipts derived from the unlawful performance or performances shall be taken into account. | |
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| Article 212. The protection granted under the present Code shall not prejudice the protection afforded under the provisions of the legislation on unfair competition. | |
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| Article 213. Copyright and the right derived therefrom shall be acquired independently of registration, without prejudice to the provisions contained in the following Article. | |
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| Article 214. Registration of the following shall condition legal protection: | |
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| (b) the titles of newspapers and other periodical publications. | |
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| (a) facts concerning the constitution, transfer, payment, assignment, modification or lapsing of copyright; | |
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| (b) the literary or artistic name; | |
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| (c) the title of the work even when not published; | |
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| (d) seizure and attachment of copyright; | |
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| (a) acts whose principal or secondary objective is the constitution, recognition, modification or lapsing of copyright; | |
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| (b) acts whose principal or secondary objective is the rejection, declaration of nullity or annulment of a registration or its cancellation; | |
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| (c) the relevant final decisions immediately after a judgment is communicated. | |
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| Literary or artistic names | |
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| Article 217. The settlement of any dispute arising from application of the provisions of the present Code, provided that it does not concern inalienable rights, shall be subject to arbitration according to the provisions of the general legislation. | |
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| Provisions applicable to bodies for the collective administration
of copyright and neighboring rights | |
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| Article 218. The provisions applicable to collective administration bodies for copyright and neighboring rights shall be laid down by statute. | |
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| Filing of lists of societies of authors or similar bodies — each list | |
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| Filing of additions to lists of societies of authors or similar bodies — each addition | |
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| Withdrawal of registration after it has appeared in the Diario | |
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