PORTUGAL Law and Practice Contributed by: Vítor Palmela Fidalgo, João Pereira Cabral and Diogo Antunes, Inventa
3.2 Essential Elements of Copyright Protection
conditions. These rights are inalienable, unrenounce - able, and perpetual, continuing to exist even after the author’s death, when they are exercised first by the author’s heirs and later by the State to ensure respect for the author’s moral legacy. 3.5 Term of Protection and Termination As a general rule, economic rights last for the life of the author plus 70 years after their death, regardless of when or how the work was disclosed. For joint works, the term runs for 70 years after the death of the last surviving co-author. For collective works, anonymous or pseudonymous works, and audiovisual or cinemat - ographic works, the 70-year term is calculated from the date of lawful disclosure. After the expiry of this term, the work falls into the public domain, and anyone may use it freely, provided that the author’s moral rights particularly the rights of paternity and integrity are respected. 3.6 Collective Rights Management Systems Several collective management organisations (CMOs) operate under the supervision of the Inspeção-Ger- al das Atividades Culturais (IGAC), the public body responsible for their authorisation and oversight. The main CMOs include: • SPA ( Sociedade Portuguesa de Autores ) – for authors and composers in literature, music, thea - tre, film, and visual arts; • GDA ( Gestão dos Direitos dos Artistas ) – for per - formers and actors; • Audiogest – for producers of phonograms; • PassMúsica – for the joint management of public performance rights in recorded music; • Visapress – for press and publishers’ reproduction rights; • GesDireitos – for audiovisual producers. 3.7 Copyright Registration Copyright protection arises automatically upon crea - tion of an original work and does not require registra - tion or any formality. This principle is established in the Portuguese Copyright Code (Decree-Law No 63/85 of 14 March 1985), in line with the Berne Convention. Therefore, registration is not a prerequisite for protec - tion, enforcement, or the exercise of rights.
In Portugal, copyright protection arises when a work is the author’s own intellectual creation, results from human authorship, and is expressed in a percepti - ble form. No registration or formalities are required, as protection is granted upon creation of the original work. 3.3 Copyright Authorship Joint authorship arises when a work is created collab - oratively by two or more authors whose contributions form an inseparable or interdependent whole, as pro - vided in the Portuguese Copyright Code. To qualify, there must be a shared creative intention that each author’s contribution will merge into a single, unitary work. Merely providing technical assistance or follow - ing instructions does not establish joint authorship. Each joint author holds equal rights over the work unless otherwise agreed. As a rule, exploitation, modification, or licensing of the jointly created work requires the consent of all co-authors, although each may independently enforce rights against infringe - ment. In the absence of a specific agreement, owner - ship shares are presumed to be equal, regardless of the relative size or importance of each contribution. 3.4 Copyright Rights Copyright confers both economic rights and moral rights. Economic rights give the owner exclusive control over the use, reproduction, distribution, public performance, communication, and adaptation of the work, and may be transferred or licensed. Moral rights protect the author’s personal connection to the work, including the rights of attribution, integrity, and with - drawal, and are inalienable and perpetual. Economic rights generally last for the life of the author plus 70 years, while moral rights endure indefinitely, even after the economic rights expire. Moral rights protect the personal and reputational bond between the author and their work and are inde- pendent of economic rights. They include the rights to claim authorship, decide whether and when the work shall be disclosed, ensure the integrity of the work (preventing distortion, mutilation, or modification), and withdraw the work from circulation under certain
420 CHAMBERS.COM
Powered by FlippingBook