Applicable laws:

• Law no. 16/2008 – Amends and republishes the Copyright and Related Rights Code.
• Computer Programs Juridical Protection Regime – Decree-Law no. 252/94.

What can and cannot be protected?

Intellectual creations in the literary, scientific and artistic fields are subject to protection under the Copyright and Related Rights Code. 
Ideas, processes, systems, operational methods, algorithms, concepts, principles or discoveries aren’t protected by this code. 
Computer programs with a creative character are entitled to protection analogous to that provided for literary works. The same is applied to databases.
The protection of these works is independent of disclosure, publication, utilisation or exploitation.
 

For more information, go to:

• www.igac.pt
• www.assoft.pt

Formalities
The registration of copyrights and related rights is merely optional, declarative, assuring only an initial presumption of authorship.
The registration of a literary, artistic or scientific work should be requested by the owner(s) of the rights or by their representative(s). The registration can be done online at www.igac.pt

For information on how to register computer programs, go to www.assoft.pt/registo

Examination
Not applicable.

Ownership of the right

In general, the copyright belongs to the intellectual creator of the work. The law provides for exceptions, such as in the case of collective or joint works, or works done by contract or order.
The author has both patrimonial and moral rights. Patrimonial rights give the author the exclusive right to use the work or authorise a third person to use it totally or partially. Independent of the patrimonial rights, and even after transmission or extinction, the author has moral rights to its work, namely the right to claim its paternity and assure its authenticity and integrity.

The optional registration costs at IGAC -– Institution for the General Inspection of Cultural Activities are as follows:

• Basic Fee: for each work – 28,91 EUR € 
• Discontinuance of the registration act: – 11,57 EUR €
• Certificate for one work: 46,26 EUR €

For further information please visit IGAC’s website at www.igac.pt

Duration of protection
In general, copyrights expire 70 years after the author’s death, even if the work has only been publicised posthumously.
The related rights expire 50 years:

• after the representation or execution by the performer;
• after presentation by the author of the phonogram, videogram or movie;
• after the first transmission by a broadcasting entity.