COPYRIGHT

In our country and in this century, copyright was defined in 1972 in Decree-Law n.º 13725, of May 27, 1927 (Regime of Literary, Scientific and Artistic Property), and later in Decree-Law n.º 46980 , of April 27, 1966 (Copyright Code). The preamble to the latter stipulated that the precedent had represented an important process at the time of publication but had become outdated over time, which made it necessary to replace it. For the same reasons, it is now essential to replace the current Code, which has, moreover, been amended in several steps by separate, more modern laws. But the aim is not just to bring together in a single and coherent body all the legislation on this important matter. With this diploma, the Government intends to update the Copyright Code in line with the Portuguese reality, resulting from the institutionalization of democracy, the improvements of this right at the international level, the international conventions to which we have been adhering and the needs created by the progress of communication and of reproduction.

The new Code remodels and improves the previous legislation regarding the management of copyright, the various contracts whose object is the use and exploitation of literary or artistic works, in particular the publishing contract and the translator's rights regarding the protection of his work, on an equal footing with those of the translated authors. When preparing it, the need to ensure the best possible balance between the authors and users of their works was always kept in mind. The indispensable protection of copyright cannot be exercised to the detriment of the legitimate rights and interests of publishers, producers, directors and broadcasters, or users in general, and therefore, when ensuring it, the public interest must not be lost sight of. . Portugal's recent adherence to the revision of the Berne Convention for the Protection of Literary and Artistic Works (Decree n.º 73/78, of 26 July) and the Universal Convention on Copyright (Decree n.º 140 -A/79, of December 26) carried out in Paris on July 24, 1971, require alterations, both terminological and substantial, in the current copyright regulations. The important discipline of protecting holders of rights related to copyright, or related to it, follows very closely the Rome Convention for the Protection of Performing Artists, Phonogram Producers and Broadcasting Organizations, of 1961. interpreter and performer undoubtedly have a creative interpretation worthy of protection. But as this creation is necessarily part of another - that of the author of the work interpreted or performed -, the protection granted to those can in no way prejudice the protection of the authors of this work.

The new Code also takes into account the 1971 Geneva Convention for the Protection of Producers against Unauthorized Reproduction of their Phonograms. of Shows and Copyright the quantities produced or duplicated. This communication will be accompanied by proof of authorization from the holders of rights to the works set in the phonograms and videograms. It is also foreseen that in the sale price to the public of any and all mechanical, chemical, electrical, electronic or other devices that allow the recording and reproduction of literary or artistic works, as well as in the price of any and all recording and reproduction media which may be obtained by any of these means, an amount will be included for the benefit of authors and artists whose object is works recorded or reproduced by the means in question. Lastly, let it be announced that this Code takes into account previous works for the revision of precedent, as well as the opinion and suggestions, expressly requested, of the bodies representing the interests in question.