PORTUGAL Trends and Developments Contributed by: Ana Rita Paínho, Mariana Costa Pinto and Leonor Ruano Silveira, SÉRVULO
require ongoing management, enforcement and innovation. Authorship Rights Authorship rights is a more preeminent subject nowadays in Portugal as the country has imple - mented significant reforms in its copyright leg - islation in recent years, aligning its framework with EU directives and adapting to the evolving challenges of the digital landscape. One of the key legislative advancements was the enactment of Decree-Law No 47/2023 in June 2023, which transposed the EU Copyright Direc - tive into national law. This reform introduced essential measures to safeguard the rights of content creators and press publishers. Under the new provisions, press publishers now hold exclusive rights to authorise or prohibit the online use of their publications, ensuring fair remunera - tion for their work. Digital platforms that enable users to share content are now legally recog - nised as performing acts of public communi - cation, making them responsible for obtaining authorisation from rights holders or demonstrat - ing best efforts to do so. Additionally, collective licensing mechanisms have been introduced, facilitating rights management in cases where obtaining individual authorisations from creators is impractical. These reforms reflect a broader effort to create a fairer and more balanced digital ecosystem. Copyright Enforcement Portugal has also strengthened its copyright enforcement mechanisms, particularly in the digital sphere. Law No 82/2021 granted the national authorities responsible for authorship rights the authority to monitor and regulate access to copyrighted content provided online. The national authority Inspeção Geral das Ativi- dades Culturais now has the power to order the
removal or blocking of unlawfully distributed content, enhancing the country’s ability to com - bat digital piracy in the authorship rights field of protection. Furthermore, internet service providers, search engines and hosting services are now required to implement preventive measures against copy - right infringement, with non-compliance leading to substantial penalties. These initiatives under - score Portugal’s commitment to strengthening copyright enforcement and ensuring the protec - tion of intellectual property rights. These measures are soon to be reinforced by specific legislation which will be implemented in Portugal to comply with the Digital Services Act (DSA), the EU regulation aimed at creat - ing a safer and more transparent digital space. The implementation of the DSA will impact how online platforms handle copyrighted content, placing greater responsibility on digital service providers to prevent and address copyright infringements effectively and timely. The Portu - guese parliament is currently pushing through more instruments to grant authorship rights protection against undue use of works on the internet. Trends for 2025 Looking ahead to 2025, several key trends are expected to shape the copyright landscape in Portugal. One of the most pressing issues is the inte - gration of AI in content creation, which raises complex legal questions regarding authorship and rights management. It is anticipated that Portugal will develop regulatory frameworks to address these challenges, ensuring that innova - tion is encouraged while protecting authors’ and artists’ rights.
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