PORTUGAL Law and Practice Contributed by: Ana Rita Paínho, Mariana Costa Pinto and Leonor Ruano Silveira, SÉRVULO
Besides other requirements, these entities must be registered within the Portuguese Gen - eral Inspection for the Cultural Activities. Law 26/2015 of 14 April 2015 regulates the incor - poration, organisation, functioning and duties of the authorship rights and related rights’ col - lecting societies, which will be the right holders’ representatives, ie, the authors’ representatives, but also the performers and phonograms and video producers. 3.7 Copyright Registration Copyright protection is automatic, provided the work meets the legal requirements for protec - tion, and does not require registration. However, voluntary registration can serve as evidence of ownership in case of disputes, ensuring a pre - sumption of authorship. The registration of a literary, artistic or scien - tific work should be requested by the owner(s) of the rights or by their representative(s) at the Portuguese General Inspection for the Cultural Activities (IGAC). Any individual or legal entity, including foreign applicants, may voluntarily register a work. There is no requirement for foreign applicants to have local legal representation. However, it is highly advisable for non-residents to engage a legal representative, particularly when navigating con - tractual transfers, licensing agreements or legal disputes. Additionally, all documentation must be submit - ted in Portuguese or accompanied by a certified translation, ensuring clarity and compliance with national regulations. 3.8 Copyright Application Requirements To apply for copyright registration in Portugal, the applicant must submit a formal request to
the IGAC, either online, by email, post or in per - son. The application must include a completed form with the applicant’s identification, details of the work and proof of authorship. A copy of the work must also be provided in an appro - priate format, such as a manuscript for literary works, sheet music or a recording for musical compositions, and code or an executable file for software. Collective or derivative works require additional documentation proving legal rights. The IGAC reviews the submission, and if any required elements are missing, the applicant has 30 days to correct them. Currently, the fee to file a registration application for literary and artistic works is of EUR60 (online) and EUR80 (paper). 3.9 Refusal of Registration The IGAC can refuse copyright registration if: • the work does not meet the criteria for pro - tection, such as lack of originality, failure to qualify as a literary, scientific or artistic crea - tion, or it consists of mere ideas, concepts or facts (which are not copyrightable); • the application is incomplete or incorrect, including: missing required documents, failure to prove authorship or ownership, incorrect or misleading information; • the work falls within an excluded category, such as: official government texts (laws, regu - lations, judicial decisions), news reports or simple factual information, political speeches or public debates; or • there is a conflict with an existing registration, where another party has already registered a similar or identical work with a prior claim. Applicants can appeal a refusal of registration by first submitting a written appeal to the IGAC with additional evidence or corrections for re-
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