PORTUGAL Law and Practice Contributed by: João Valadas Coriel, Sofia Quental, António Vieira and Inês Grácio, Valadas Coriel & Associados
consent of all co-authors, unless otherwise contractu - ally agreed.
(b) broadcasting of phonograms incorporated into audiovisual works; and (c) unauthorised public communication of com - mercially released videograms. For such administrative offences, the Portuguese Legal Framework for Economic Offences (provided in Decreto-Lei n.º 9/2021 ) might determine that the fol - lowing fines be applied: • individuals – EUR650 to EUR1,500; • microenterprises – EUR1,700 to EUR3,000; • small enterprises – EUR4,000 to EUR8,000; • medium enterprises – EUR8,000 to EUR16,000; and • large enterprises – EUR12,000 to EUR24,000. Minor administrative offences (contraordenação económica leve) The following actions might be considered as minor administrative offences under the provisions of the Portuguese Copyrights Code: • failure to credit the author’s name or pseudonym in permitted uses of their works; • failure to indicate the author’s name in cinemato - graphic or audiovisual works; • failure to properly identify the author in works of visual arts; • failure to mention the author’s name in photograph - ic works; • non-compliance with public communication rules for protected works; • failure to meet obligations regarding the use of works in educational contexts and compilations; • failure to acknowledge the names of performers when required; • unauthorised use of commercially released phono - grams; • use of a phonogram or videogram beyond the lim - its of the authorisation granted; and • failure to indicate the name or pseudonym of the artist when using videograms, unless exempted. Such administrative offences may lead to the imposi - tion of the following fines: • individuals – EUR150 to EUR500;
3. Protection Against Plagiarism 3.1 Legal Consequences of Copyright Infringement The legal consequences provided in the Portuguese legal framework pertaining to the violation of copy - rights vary depending on the nature and severity of the infringement. Such penalties can result in civil, admin - istrative and criminal consequences, as addressed in the following. Criminal Offence The following actions might be considered as criminal offences that might lead, as a general rule, to up to three years of imprisonment, plus the imposition of fines: • unauthorised reproduction, distribution or public display; • counterfeiting and fraudulent exploitation; • falsely claiming an artwork’s authorship; • attempts to undermine the authenticity or integrity of the work or performance; and • use of counterfeit or usurped work. Administrative Offence For those cases that are not considered as criminal offences, the following administrative offences can be determined. Serious administrative offences (contraordenação económica grave) The following actions might be considered as serious administrative offences under the provisions of the Portuguese Copyrights Code: • failure to report the import, manufacture or sale of physical media for phonographic and videographic works; • failure to report the duplication or pressing of pho - nograms and videograms; and • unauthorised public communication of commer - cially released phonograms, including: (a) public performance in any public place;
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