PORTUGAL Law and Practice Contributed by: João Valadas Coriel, Sofia Quental, António Vieira and Inês Grácio, Valadas Coriel & Associados
7. Collections 7.1 Legal Status of Collections
8.2 Legal Protection for Different Types of Photographs Even if a photograph does not qualify for copyright protection, it can still be protected under personality rights, data protection laws, industrial property law and criminal law provisions. These legal frameworks ensure that press images, personal photos, commer - cial photographs and sensitive content are addressed and safeguarded under Portuguese law. Legal protection will depend on the type of photo - graph and its use. The commercial or online use of images depicting identifiable individuals may trig - ger data protection and image rights considerations, particularly where used for promotional or advertis - ing purposes. Photographs reproducing artworks, monuments or protected buildings may require prior authorisation, especially where copyright subsists or cultural heritage rules apply. In addition, a single photograph may simultaneously engage multiple legal regimes – including copyright in the photograph, rights in the depicted work, image rights of portrayed individuals, trade mark rights and property rights relating to private locations. Contrac - tual terms governing the publication or sharing of images (including on digital platforms) may further affect the scope of permitted use. 9. Artworks and New Technologies 9.1 NFTs NFTs are unique digital tokens recorded on a block - chain that are typically associated with a specific digi - tal asset, such as artwork, collectibles or other digital content. They allow for the technical traceability of transactions and can function as a form of digital cer - tification of origin and transactional history. From a practical perspective, NFTs offer advantages such as transparency of transfers, immutability of records and the possibility of embedding automated royalty mechanisms through smart contracts. However, NFTs also present significant legal and regu - latory challenges. Blockchain infrastructure does not verify the legal entitlement of the issuer, and tokens
In Portugal, collections such as libraries, art galleries and archives may be protected as cultural heritage, under the Portuguese Legal Framework for Cultural Heritage ( Lei nº 107/2001, de 8 de Setembro ), if they meet the criteria for historical, artistic or cultural sig - nificance, which determines their classification as cul - tural heritage of national interest ( interesse nacional ), public interest ( interesse públic o) or municipal inter - est (interesse municipal), as well as from inclusion in inventory or pending classification procedures. Such protection may apply to the collection as a whole or to individual items forming part of it. Once subject to heritage protection, such collections may also be subject to strict legal protection, including restrictions on sale, export and modifications, as well as conservation obligations and statutory pre-emption rights in favour of the state. 8. Photography 8.1 When Are Photographs Protected as Art? In Portugal, photographs are protected under copy - right law ( Direito de Autor e Direitos Conexos ) if they meet certain conditions of originality as a result of artistic creative expression. Protection depends on the existence of creative choices reflecting the author’s personality, for example in relation to framing, lighting, angle or composition. Purely mechanical reproductions lacking creative input (such as snapshots or mere reproductions) may fall outside copyright protection. Protection does not depend on registration or formalities. Copyright in a photograph is autonomous and does not affect the subsistence or ownership of rights in the work depicted. The taking of a photograph does not, in itself, transfer or alter any intellectual property rights relating to the underlying work.
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