Article 70
2. If the power to use the work should not be
exercised within the fifteen years following the
author’s death, these rights shall expire. An
exception shall be made in the case of delayed
disclosure for grave reasons of a moral nature
which a tribunal could take into consideration
if litigation arose.
1. A married woman may publish and use, in any
way, her works, independently of her
husband’s authorization.
2. If, however, the publication or use of the work
of either of the spouses is liable to produce a
scandal which affects the other spouse, the
latter may oppose publication or use. If
publication/use has already taken place, the
spouse concerned may call for the necessary
measures to be taken to end the scandal,
namely requesting the seizure of the copies
published and the suspension of the
performance or any other form of use of the
work.
Article 66
The powers relating to the use of copyright may be
exercised personally by the holder of the copyright or
through his representatives, either legal or voluntary.
Article 67
1. National and foreign associations set up to
administer and defend copyright and authors’
interests shall carry out that function as the
mandatories of the authors, owing to the
authors’ status as members or their
registration, regarding any designation, as
beneficiaries of the service provided by those
same associations.
2. The membership or registration as a
beneficiary referred to in this article must
appear in the public register.
CHAPTER II
Publication of works and publishing contracts
Article 71
1. The author of any literary, artistic or scientific
work may publish it directly of his own
accord, by means of printing or any graphic
process destined to communicate it to the
public by the multiplication of copies of the
work, producing or ordering the production of
these copies. He may also authorize another
person to undertake, of his own accord,
publication under terms agreed on by both
parties.
2. Any work of basic or essential Portuguese
shall require the authorization of the Ministry
for National Education for publication.
Article 68
The legal representatives of minors and individuals under
legal restraint cannot use or authorize the use of the
intellectual works of their charges, unless a contract exists
that was concluded prior to the onset of mental health
issues or the issuing of the legal restraining order, or unless
they have the consent of the minor, who must be at least
18 years of age, or of the individual under legal restraint,
on the condition that he is capable of rational thought..
Article 72
Article 69
1. The contract through which the holder of
copyright in a work grants another party,
subject to the conditions stipulated in the
contract, authorization to produce, of his own
accord, a specified number of copies of a
work, the beneficiary being responsible for the
distribution and sale of the work or works,
shall be known as a “publishing contract”.
2. The publishing contract shall not be assumed
to be free of charge; and the publisher may not
invoke, through the contract, any advantage,
with regard to the content and duration of
authorization implied in the contract, which
1. Minors and individuals under legal restraint
shall be represented by their parents or
guardians in the exercise of copyright, both in
and out of court.
2. Individuals declared bankrupt or placed under
legal restraint owing to overspending may use
their works without authorization, except with
regard to the economic exploitation of those
works; they may, however, freely dispose of
the material benefits arising from that
exploitation to the extent that those benefits
are necessary to ensure their subsistence and
that of their dependents.
13