Copyright Law Revision, News-Reporting and Quotation Exceptions

Article 10(a) provides that news of the day and reports of different events given simply for information, however disclosed, may not be protected, placing bare news reporting entirely outside the Law's subject matter.

Article 62(1) permits, without authorization from the author and without compensation, several uses of works already lawfully published or disclosed, provided the authenticity and integrity of the title and the author's name are respected: alínea (c) covers reproduction of works included in news reports, filmed or televised, or of works permanently exhibited in public places or in places where representatives of social communication bodies have access; alínea (f) covers citation of short excerpts of another author's work, in written, audio, or visual form, when justified for scientific, critical or didactic reasons or for information, as long as those excerpts are not so extensive as to lessen interest in the work.

Article 62(2) separately permits an author who reproduces his own articles or letters published in newspapers or periodicals in argument with another person to also reproduce the replies of his adversary, binding the latter to the same right. Article 4 confines related (neighbouring) rights to performers, producers of phonograms and videograms, and broadcasting organisations, so the Law creates no press-publisher right.

Article 8(b) protects a database as a compilation where its selection or arrangement is an intellectual creation. Article 64(c) excludes reproduction of all or a significant part of a database from the private-use exception at Article 62(1)(l), rather than creating a separate sui generis database right. Article 139 revoked the prior copyright statute, Law No. 101/IV/90 of December 29, and Article 140 provides that the Law enters into force immediately.

The Law was published in the Boletim Oficial I Série No. 17 Supplement of April 27, 2009, the date WIPO Lex also records as the date of entry into force.