Selected year snapshot
For 2025, the active event in this file is Código do Direito de Autor e dos Direitos Conexos (CDADC), conforme alterado pelo DL n.º 47/2023, de 19 de Junho (18.ª versão).
100%
Current rationale
As of 2025, the CDADC (18th version, DL n.º 47/2023) contains multiple research-relevant exceptions. The most permissive is Art. 75(2)(e), which permits reproduction, distribution, AND making available to the public for scientific research or teaching purposes, to the extent justified by the non-commercial objective, with source attribution. This exception: (1) Uses: covers reproduction, distribution, and communication/making available — all key exclusive rights; (2) Works: applies to all types of works without exclusion; (3) Users: is not restricted to any particular class of user — it is open to any person. This maps to GREEN. Additionally, Art. 75-A provides a specific TDM exception for research organisations (PURPLE alone), Art. 75-B provides a general TDM exception (BLUE alone), and Art. 81(b) provides an institutional reproduction exception (PURPLE alone). None of these is more permissive than Art. 75(2)(e). The non-commercial restriction in Art. 75(2)(e) is classification-neutral per the rules.
Exceptions considered
Private reproduction on paper (excluding musical scores) via photographic technique; digital reproduction by natural person for private non-commercial use
Reproduction, distribution and making available to the public for scientific research or teaching, non-commercial, with source attribution — open to all users and all works
TDM for scientific research by research organisations and cultural heritage institutions with lawful access (transposing DSM Directive Art. 3)
General TDM exception for reproduction and extraction, subject to rightsholder opt-out for non-research purposes (transposing DSM Directive Art. 4)
Quotation/citation for criticism, discussion, teaching purposes
Reproduction in whole or in part by public libraries, non-commercial documentation centres, scientific institutions, educational establishments, limited to needs of their activities
Law changes
Código do Direito de Autor e dos Direitos Conexos (DL n.º 63/85, de 14 de Março, conforme alterado pela Lei n.º 45/85)
Baseline · Effective 1985-09-17
40%
Relevant section: Art. 75(2)(a), Art. 81(b)
Dates: Effective 1985-09-17 · Enacted 1985-09-17
Why this score
The most permissive exception for research use permitting full-work reproduction is Art. 81(b), which allows reproduction 'in whole or in part' by public libraries, non-commercial documentation centres, scientific institutions, or educational establishments, limited to the needs of their own activities. This covers full works and all types of works, but restricts the user class to specific institutions only (PURPLE). Art. 75(2)(a) permits private reproduction but is limited to 'exclusively private purposes' — this is a private-use exception (LIGHT BLUE) that does not extend to institutional or collaborative use. Art. 81(b) is more permissive because it explicitly permits full-work reproduction, whereas Art. 75(2)(a) is ambiguous on full works and is restricted to private/individual use. Neither exception covers sharing/communication. The quotation exception (Art. 75(2)(d)-(g)) only permits excerpts/quotations, not full works. Classification-neutral factors (non-commercial restriction, three-step-test language) were not factored into the color decision.
Exceptions considered
Reproduction for exclusively private purposes of a lawfully available work, subject to three-step test
Quotation/citation of short passages for criticism, discussion, teaching, etc.
Reproduction in whole or in part by public libraries, non-commercial documentation centres, scientific institutions, or educational establishments, limited to needs of their activities, subject to three-step test
Original text
Article 75. (2) The following shall also be lawful without the consent of the author: (a) the reproduction, for exclusively private purposes, of a work that has been previously made lawfully available to the public, provided that it does not prejudice the normal exploitation of the work and does not cause unreasonable prejudice to the legitimate interests of the author; ... Article 81. The following shall be lawful even without the consent of the author: ... (b) the reproduction, in whole or in part, of a work that has been previously published or made lawfully available to the public, provided that such reproduction is made by a public library, a non-commercial documentation centre, a scientific institution or an educational establishment, and that such reproduction and the number of copies made are limited to the needs of their own activities, and provided that such reproduction does not prejudice the normal exploitation of the work and does not cause unreasonable prejudice to the legitimate interests of the author;
Source links
Lei n.º 50/2004, de 24 de Agosto (transposing Directive 2001/29/EC)
Relevant update · Effective 2004-08-24
100%
Relevant section: Art. 75(2)(a), Art. 75(2)(e), Art. 81(b)
Dates: Effective 2004-08-24 · Enacted 2004-08-24
Why this score
Lei n.º 50/2004 substantially rewrote Art. 75(2) to transpose EU Directive 2001/29/EC. The new Art. 75(2)(e) is the most permissive research-relevant exception: it permits reproduction, distribution, AND making available to the public ('reprodução, distribuição e disponibilização pública') for purposes of scientific research or teaching. It covers all types of works (no exclusions), all users (not restricted to institutions or individuals), and covers both reproduction and communication/sharing. This maps to GREEN. Art. 75(2)(a) was also reworded: private reproduction on paper excludes musical scores (ORANGE if considered alone), and digital private reproduction is limited to natural persons for private non-commercial use (LIGHT BLUE). Art. 81(b) institutional exception remains in force (PURPLE). But Art. 75(2)(e) is the most permissive and determines the overall classification as GREEN. The non-commercial restriction in Art. 75(2)(e) is a classification-neutral factor per the rules.
Exceptions considered
Private reproduction on paper (excluding musical scores) via photographic technique; digital reproduction by natural person for private non-commercial use
Reproduction, distribution and making available to the public for scientific research or teaching, non-commercial, with source attribution
Quotation/citation for criticism, discussion, etc.
Reproduction in whole or in part by libraries, documentation centres, scientific institutions, educational establishments
Original text
Artigo 75.º ... 2 - São também lícitas, sem o consentimento do autor, as seguintes utilizações da obra: a) A reprodução, para fins exclusivamente privados, em papel ou suporte similar, realizada através de qualquer tipo de técnica fotográfica ou processo com resultados semelhantes, com excepção das partituras, bem como a reprodução em qualquer meio realizada por pessoa singular para uso privado e sem fins comerciais directos ou indirectos; ... e) A reprodução, distribuição e disponibilização pública para fins de investigação científica ou de ensino, na medida justificada pelo objectivo não comercial a alcançar, desde que se indique, sempre que possível, a fonte, incluindo o nome do autor;
English rendering
[Unofficial translation]: Article 75. ... 2 - The following uses of the work are also lawful without the consent of the author: (a) Reproduction, for exclusively private purposes, on paper or similar medium, carried out through any type of photographic technique or process with similar results, with the exception of musical scores, as well as reproduction in any medium made by a natural person for private use and without direct or indirect commercial purposes; ... (e) Reproduction, distribution and making available to the public for purposes of scientific research or teaching, to the extent justified by the non-commercial objective to be achieved, provided that the source is indicated whenever possible, including the name of the author;
Source links
Lei n.º 16/2008, de 1 de Abril
Relevant update · Effective 2008-04-01
100%
Relevant section: Art. 75(2)(a), Art. 75(2)(e)
Dates: Effective 2008-04-01 · Enacted 2008-04-01
Why this score
Lei n.º 16/2008 made amendments to the CDADC but did not materially alter Art. 75(2)(e) (the scientific research exception covering reproduction, distribution, and making available to the public). The research exception remained in force with the same scope. Art. 75(2)(a) private use exception and Art. 81(b) institutional exception also remained substantively unchanged. The overall classification remains GREEN based on Art. 75(2)(e).
Exceptions considered
Private reproduction on paper (excluding musical scores); digital reproduction by natural person for private non-commercial use
Reproduction, distribution and making available to the public for scientific research or teaching, non-commercial, with source attribution
Reproduction in whole or in part by libraries, documentation centres, scientific institutions, educational establishments
Source links
DL n.º 100/2017, de 23 de Agosto
Relevant update · Effective 2017-08-23
100%
Relevant section: Art. 75(2)(a), Art. 75(2)(e)
Dates: Effective 2017-08-23 · Enacted 2017-08-23
Why this score
DL n.º 100/2017 transposed Directive 2014/26/EU on collective management of copyright. It did not materially alter the research exceptions in Art. 75(2)(e) or the private use exception in Art. 75(2)(a). The overall classification remains GREEN based on Art. 75(2)(e) which continues to permit reproduction, distribution, and making available to the public for scientific research.
Exceptions considered
Private reproduction on paper (excluding musical scores); digital reproduction by natural person for private non-commercial use
Reproduction, distribution and making available to the public for scientific research or teaching, non-commercial, with source attribution
Reproduction in whole or in part by libraries, documentation centres, scientific institutions, educational establishments
Source links
DL n.º 9/2021, de 29 de Janeiro
Relevant update · Effective 2021-01-29
100%
Relevant section: Art. 75(2)(a), Art. 75(2)(e), Art. 75-A (new), Art. 75-B (new)
Dates: Effective 2021-01-29 · Enacted 2021-01-29
Why this score
DL n.º 9/2021 transposed parts of Directive (EU) 2019/790 (DSM Directive) into Portuguese law, including new provisions on text and data mining. New Art. 75-A introduced a TDM exception for research organisations and cultural heritage institutions, and Art. 75-B introduced a general TDM exception. However, the pre-existing Art. 75(2)(e) — permitting reproduction, distribution, and making available to the public for scientific research — remained in force and continues to be the most permissive exception (GREEN). The new TDM provisions add additional permissions but do not change the overall classification, which was already GREEN.
Exceptions considered
Private reproduction on paper (excluding musical scores); digital reproduction by natural person for private non-commercial use
Reproduction, distribution and making available to the public for scientific research or teaching, non-commercial, with source attribution
TDM exception for research organisations and cultural heritage institutions with lawful access, for scientific research purposes
General TDM exception for reproduction and extraction for TDM purposes, subject to rightsholder opt-out for non-research uses
Reproduction in whole or in part by libraries, documentation centres, scientific institutions, educational establishments
Source links
DL n.º 47/2023, de 19 de Junho
Relevant update · Effective 2023-06-19
100%
Relevant section: Art. 75(2)(e), Art. 75-A, Art. 75-B, Art. 75-C to Art. 75-H (new provisions)
Dates: Effective 2023-06-19 · Enacted 2023-06-19
Why this score
DL n.º 47/2023 completed the transposition of Directive (EU) 2019/790 (DSM Directive) into Portuguese law. It introduced or refined provisions on TDM (Art. 75-A and 75-B), cross-border teaching and research uses, and other DSM-related exceptions. The pre-existing Art. 75(2)(e) — permitting reproduction, distribution, and making available to the public for scientific research — remained in force. The TDM exceptions (Art. 75-A for research organisations, Art. 75-B general TDM) were confirmed or refined. The overall classification remains GREEN based on Art. 75(2)(e), which is the most permissive exception covering reproduction, distribution, and communication for scientific research, open to all users and all works.
Exceptions considered
Private reproduction on paper (excluding musical scores); digital reproduction by natural person for private non-commercial use
Reproduction, distribution and making available to the public for scientific research or teaching, non-commercial, with source attribution
TDM exception for research organisations and cultural heritage institutions with lawful access, for scientific research
General TDM exception for reproduction and extraction, subject to rightsholder opt-out for non-research uses
Reproduction in whole or in part by libraries, documentation centres, scientific institutions, educational establishments
Source links
Código do Direito de Autor e dos Direitos Conexos (CDADC), conforme alterado pelo DL n.º 47/2023, de 19 de Junho (18.ª versão)
Current law confirmation · Effective 2023-06-19
100%
Relevant section: Art. 75(2)(e), Art. 75-A, Art. 75-B, Art. 81(b)
Dates: Effective 2023-06-19 · Enacted 2023-06-19
Why this score
As of 2025, the CDADC (18th version, DL n.º 47/2023) contains multiple research-relevant exceptions. The most permissive is Art. 75(2)(e), which permits reproduction, distribution, AND making available to the public for scientific research or teaching purposes, to the extent justified by the non-commercial objective, with source attribution. This exception: (1) Uses: covers reproduction, distribution, and communication/making available — all key exclusive rights; (2) Works: applies to all types of works without exclusion; (3) Users: is not restricted to any particular class of user — it is open to any person. This maps to GREEN. Additionally, Art. 75-A provides a specific TDM exception for research organisations (PURPLE alone), Art. 75-B provides a general TDM exception (BLUE alone), and Art. 81(b) provides an institutional reproduction exception (PURPLE alone). None of these is more permissive than Art. 75(2)(e). The non-commercial restriction in Art. 75(2)(e) is classification-neutral per the rules.
Exceptions considered
Private reproduction on paper (excluding musical scores) via photographic technique; digital reproduction by natural person for private non-commercial use
Reproduction, distribution and making available to the public for scientific research or teaching, non-commercial, with source attribution — open to all users and all works
TDM for scientific research by research organisations and cultural heritage institutions with lawful access (transposing DSM Directive Art. 3)
General TDM exception for reproduction and extraction, subject to rightsholder opt-out for non-research purposes (transposing DSM Directive Art. 4)
Quotation/citation for criticism, discussion, teaching purposes
Reproduction in whole or in part by public libraries, non-commercial documentation centres, scientific institutions, educational establishments, limited to needs of their activities
English rendering
[Unofficial translation]: Article 75(2)(e) - Reproduction, distribution and making available to the public for purposes of scientific research or teaching, to the extent justified by the non-commercial objective to be achieved, provided that the source is indicated whenever possible, including the name of the author. Article 75-A - Text and data mining for scientific research by research organisations and cultural heritage institutions. Article 75-B - General text and data mining exception. Article 81(b) - Reproduction in whole or in part by public libraries, non-commercial documentation centres, scientific institutions, or educational establishments.