The appeal court held that the diffusion of broadcast works as ambient music, by means of playing radio broadcasts through several loudspeakers in a fruit shop open to the public, was a mere reception and not a reuse of the broadcast works and therefore it did not require the authorisation of the copyright holders. A…

The installation of TV sets in hotel rooms, which show videograms through the TV signal distributed by a cable operator, constitutes a public performance and the making available to the public of those videograms.  Consequently, authorisation is required from concerned rightholders and equitable remuneration is payable under the relevant provisions of the Code of Copyright and Related Rights…

The Supreme Court held that pictures of tryptic paintings, as copyrightable artistic works, cannot be used as decoration of shops and on online catalogues without the authorisation of the owner of the copyright in those paintings. A full summary of this case has been published on Kluwer IP Law

On January 5, 2011, representatives of ACAPOR (a Portuguese association representing commercial retailers of cultural and entertainment works), wearing t-shirts with the slogans “piracy is illegal” and “1000 complaints per month”, filed a petition with the Prosecutor General’s Office (“PGO”) giving notice of the practice of 1000 acts of alleged usurpation of authors’ rights via…

On 30 June 2011, the Lisbon Court of Appeals has issued its decision in case 323/07.8TVLSB.L1-2 (unfortunately there is no English translation of this). The facts of the case are as follows: a company wanted to hire an artist to create a sculpture, and for that purpose it received a few proposals from different artists….

On 2 May 2011 the Ministry of Culture in Portugal made public a law proposal concerning the regulation of private copying levies (the English version of which is unfortunately not available). The law currently in force dates from 2004 and had in turn made some changes to the original law, dated from 1998. There have…