Sao Tome and PrincipeDecreto-Lei n.º 02/2017, utilizações livres e reprodução técnica
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 2023. Publisher's page: https://wipolex-res.wipo.int/edocs/lexdocs/laws/pt/st/st007pt.pdfIn force since .
A copyright and text and data mining (TDM) rule binding public and private bodies.
- Obligation class
- Access restriction, Attribution
- Audit expectation
- none
What it requires
- A temporary, transient, or accessory reproduction that is an integral part of a technological transmission process, and has no independent economic significance, does not need the author's consent; this reaches ordinary network browsing and caching, but not a reproduction that modifies the transmitted content or interferes with the technology's lawful use.
- You may quote or summarize another's work, reproduce a short excerpt in reporting a current event, or reproduce an already-published current-affairs article on an economic, political, or religious topic (unless its reproduction right was expressly reserved), without the author's consent, but must name the author and publisher where possible and, for some of these uses, pay equitable remuneration.
These lines are LexLint's reading of the law's text.
If you get it wrong
Criminal exposureYes
Criminal exposure note
Article 197 punishes an infringement outside the article 75 exceptions with imprisonment of up to three years and a fine of 150 to 250 days, doubled on a repeated offense; negligence is punishable with a fine of 50 to 150 days.
Who enforces it
Enforcement body
Direcção-Geral da Cultura and the Ministério da Cultura (public-domain works); ordinary civil and criminal courts
What it makes you log
Logging duty
Article 75(1) excludes from the reproduction right temporary reproductions that are transient or accessory, an integral and essential part of a technological process, and made only to allow transmission in a network by an intermediary or a lawful use (English: acts of temporary reproduction that are transient or accessory, constitute an integral and essential part of a technological process and whose sole purpose is to allow a transmission in a network between third parties by an intermediary). Article 75(2) lists the free uses and article 76(1)(a) asks that the author's and publisher's names be indicated where possible. That is an attribution, not a record, and no clause of articles 75, 76 or 197 requires a log, a record or a retention period. The articles state no territorial reach, so no hook is recorded.
- Kind
- None
- As of
What this law does
Article 75(1) excludes from the reproduction right a temporary act of reproduction that is transient or accessory, is an integral and essential part of a technological process, and whose sole purpose is to enable a network transmission between third parties by an intermediary or a lawful use with no independent economic significance; browsing and temporary storage that enable a transmission system's effective functioning are lawful on the same terms, provided the intermediary does not modify the transmission's content or interfere with a technology's lawful use as recognized by market practice.
Article 75(2) permits, without the author's consent, a regular selection of periodical press articles as a press review. It also permits the fixation or communication of short excerpts from a work when their use in reporting a current event is justified for information purposes. It further permits inserting citations or summaries of another's work in support of one's own views or for criticism, discussion, or teaching.
It also permits reproducing or communicating an already-accessible current-affairs article on an economic, political, or religious topic, unless its reproduction right has been expressly reserved. Article 76 conditions this free use on naming the author and publisher where possible, and on paying equitable remuneration to the author and publisher in the cases the article specifies.
No text-and-data-mining-specific exception, and no AI-training-specific rule, is stated separately from this general free-use framework, and the Code predates that concept. Infringing outside these exceptions is punished under article 197.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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