PORTUGAL Law and Practice Contributed by: João Valadas Coriel, Sofia Quental, António Vieira and Inês Grácio, Valadas Coriel & Associados
• microenterprises – EUR250 to EUR1,500; • small enterprises – EUR600 to EUR4,000; • medium enterprises – EUR1,250 to EUR8,000; and • large enterprises – EUR1,500 to EUR12,000. Civil Liability (Responsabilidade Civil) Notwithstanding the aforementioned criminal and administrative offences, any copyright holder can take civil action against an infringement to: • request a preventing injunction to immediately stop such infringement; • claim an indemnity for damages and/or financial losses caused by the unauthorised use of the artwork; • demand the seizure or destruction of unauthorised copies or reproductions; • demand restoration measures for the artwork to be reinstated to its original form; or • obtain recognition of authorship. Digital Enforcement and Cross-Border Issues Copyright infringements increasingly occur in digi - tal and cross-border environments, which may lead to evidentiary and jurisdictional complexities. Digital records, metadata, platform logs or blockchain times - tamps may assist in demonstrating prior creation or unauthorised use, although their probative value is assessed in accordance with general rules of evi - dence. Liability may, in certain circumstances, extend beyond the direct infringer to intermediaries or online plat - forms, depending on their role, degree of intervention and knowledge of the unlawful content, in line with applicable EU intermediary liability frameworks. Where infringements involve multiple jurisdictions, issues of applicable law and jurisdiction may arise. In principle, protection is enforced in the country where the claim is brought, subject to that jurisdiction’s
Registration has the following purposes: • it serves as proof of authorship and ownership; • it helps to secure licensing agreements and royal - ties; • it grants legal proof of authorship; • it reinsures the recognition and proper credit of artistic works; and • it strengthens the artist’s claim and enforcement in case of copyright disputes. However, registration can also be mandatory, estab - lishing and/or modifying legal rights associated with copyrights in the following situations. • The registration of unpublished works’ titles. • The registration of newspapers and other periodi - cals titles. • The registration of legal acts related to the creation, transfer, encumbrance, modification or termination of copyrights, such as: (c) the sale, assignment, transfer, succession and donation of economic rights (with the excep - tion of those that govern the total transfer of economic rights ab initio); or (d) the amendment of such licence/registered agreements. • The registration of literary or artistic pseudonyms. • The seizure or attachment of copyright. • The power of attorney related to copyright matters. • Legal actions whose main or accessory purpose is to create, recognise, modify, terminate, reform, declare null or cancel a registration, as well as the final decisions. As a general rule, registration governed by Decreto- Lei n.º 143/2014, de 26 de setembro is subject to a fee and can be requested from IGAC by: • the creators of such original works; • the rights holders, such as heirs, assignees or enti - ties that have acquired rights over the work; and • their legal representatives, such as lawyers or agents acting on behalf of the author. (a) exclusive licence agreements; (b) the creation of a collective work;
domestic legal framework. 3.2 Registering Artwork
As a general rule, the registration of an artwork is not mandatory: copyright protection is automatically granted upon the creation of the artwork.
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