Copyright and Related Rights Law, Quotation and News-Reporting Exceptions
Lei n.º 15/14, de 31 de Julho de 2014 (Direito de Autor e Direitos Conexos), art. 51.º
archived copy
Read from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived . Publisher's page: https://wipolex-res.wipo.int/edocs/lexdocs/laws/pt/ao/ao028pt.pdfIn force.
A snippet reproduction rule binding public and private bodies.
- Instrument type
- an act of a legislature
What it requires
- You may use an already lawfully disclosed work without the author's authorisation and without remuneration in the cases article 51 lists, but only if you state the work's title and the author's name and respect its genuineness and integrity.
- You may quote short fragments of another's work, in written, sound or visual form, where justified on scientific, critical, didactic or informational grounds.
- You may reproduce works included in filmed or televised current-events reports, or works permanently exhibited in a public place.
- Do not rely on the private-reproduction exception to reproduce the whole or an important part of a database in digital form; article 51(2) excludes it.
- Obtain the database holder's authorisation before reproducing, translating, adapting or distributing a database's structure: the holder of the database's patrimonial right has the exclusive right to authorise or prohibit those acts.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
What this law does
Article 51(1) permits, independent of the author's authorisation and without any remuneration, several uses of an already-lawfully-disclosed work provided its title and the author's name are stated and its genuineness and integrity respected. Alínea (e) of that article covers quoting short fragments of another's work, in written, sound, or visual form, where justified on scientific, critical, didactic, or informational grounds.
Alínea (c) of the same article covers reproducing works included in filmed or televised current-events reports, or works permanently exhibited in a public place. Article 51(2) excludes several categories from the private-reproduction exception at alínea (d) of the same article, including at alínea (c) reproducing the whole or an important part of a database in digital form.
Article 45 gives the holder of a database's patrimonial right the exclusive right to authorise or prohibit reproduction, translation, adaptation, or distribution of the database's structure. Article 95 has the Law enter into force thirty days after its publication, which was the Official Gazette's Diário da República Iª Série n.º 141 of ; no source stating the resulting day has been located.
Article 92's repeal clause revokes Lei n.º 4/90, de 10 de Março, the prior copyright statute, applying the new Law to any dispute not yet finally decided to the extent that benefits the author.
When LexLint raises it
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