Decreto-Lei n.º 63/85
- Emissor:Ministério da Cultura
- Tipo de Diploma:Decreto-Lei
- Páginas:662 - 689
Summary in plain english (Without legal value)
What is it?
The Copyright and Related Rights Code protects the copyrights and the original works and is applied to the contracts regarding the use and exploitation of literary or artistic works (for instance, the publishing and translation contract).
What are original works?
They are intellectual creations, for instance books, newspapers and photographic works.
To whom does the copyright belong?
To the work’s intellectual creator, unless the work is made on order.
What are the copyrights?
They may have a patrimonial character (be remunerated for the work and authorize its full or partial use by a third party) or a moral character (claim the ownership of the work and ensure its authenticity and integrity).
How long does the work’s copyright protection last?
- The copyright expires 50 years after the death of the work’s creator, even if the work is disclosed after his/her death;
- From that moment, the work belongs to the public domain;
- In the case of collective works, the protection expires 50 years after the last deceased collaborator;
- If the author is a legal person (for instance a company or an association), as a rule, the copyright expires 50 years after the first disclosure.
What advantages does it bring?
It values the authors and protects the works, preventing the work’s reproduction without the author’s authorization; envisaging penalties for the non-compliance with these rights (penalties and fines; immediate termination of the granted financial supports and return of the amounts received).
It aims to achieve a balance between the authors’ rights and the editors, producers, directors and broadcasters’ rights and interests, as well as to guarantee the public interest.
When does it enter into force?
This Code entered into force on 20 March 1985.