Duty LXD-2059
Reuses other publishers' content, in Portugal
Lei n.º 82/2021 (Law on Removal and Blocking of Access to Copyright-Protected Content Online), Duties of Network Intermediary Service Providerssince 3 lines
Lei n.º 82/2021, de 30 de novembro · Read the law's page
- If you are a mere-conduit or internet access provider, a content-linking provider, or a storage provider whose servers hold the content, remove or block access to the copyright-protected content the inspector-general of cultural activities determines, within 48 hours of the notification, including by blocking a URL, a DNS name or an IP address (Article 5(1) and (2)).
- Where the IGAC notifies you that a time-limited delay would defeat the measure, act as soon as possible after the notification (Article 5(5)).
- Inform the IGAC at once when you learn of manifestly unlawful activity through your services, and meet requests to identify the recipients with whom you have storage agreements (Article 5(4)).
CDADC Article 188.º-A, Press Publisher Online Rightssince 4 lines
CDADC art. 188.º-A, Press Publisher Online Rights, added by Decreto-Lei n.º 47/2023, de 19 de junho, art. 5.º · Read the law's page
- If you are an information-society service provider, obtain the authorisation of a press publisher established in an EU member state before reproducing, communicating to the public or making available online the whole or part of its press publications (art. 188.º-A(1)).
- You need no authorisation for a private, non-commercial use by an individual, the establishment of a hyperlink, or the use of isolated terms or very short extracts of a press publication (art. 188.º-A(2)).
- The right lapses two years after the press publication's first publication (art. 183.º(6)), and does not apply to a press publication first published before (decree art. 14.º).
- Give a press publisher, or the collective management body that represents it, relevant and reliable information on your users' uses of its press publications, to the extent reasonable, necessary and proportionate (art. 188.º-B(3)).
CDADC Text and Data Mining Opt-Out for News Aggregationsince 3 lines
CDADC art. 75.º(2)(v)-(w), Text and Data Mining Opt-Out for News Aggregation, as amended by Decreto-Lei n.º 47/2023, de 19 de junho, art. 3.º · Read the law's page
- Before text and data mining a legally accessible protected work, including a press publication, check whether the rights holder has expressly reserved that use in an adequate manner, in particular by optical reading of content made available to the public online (art. 75.º(2)(w)).
- Do not mine content whose rights holder has reserved that use: the general text-and-data-mining exception does not cover it.
- If you are a research organization or a cultural-heritage institution mining legally accessible works for scientific research, you may do so without the opt-out check (art. 75.º(2)(v)).