Article 145
The adaptation, arrangement or any other
transformation of a work for the purposes of its
recording, transmission, or presentation by mechanical
or phonographic means shall also be subject to its
author’s written authorization. The authorization must
explicitly refer to the particular purpose for which it
was granted, and the license for public presentation of
the work by mechanical or phonographic means may
not be combined with any other license.
Article 146
The provisions contained in this Chapter shall apply to
the reproduction of intellectual works by any possible
future process analogous to phonography.
CHAPTER VI
Photographic works
Article 147
1. The choice of a photograph’s subject and the
conditions of its creation must be deemed to be
a personal artistic creation of its author if a
photograph is to qualify for protection as an
intellectual work under the terms of this law.
2. For the purposes of this law, images both of
people and aspects of nature, panoramas and
events of daily life obtained by any
photographic or analogous process shall be
deemed to be images, and this designation
shall cover reproductions of figurative works
of art and photograms of cinematographic
films in particular.
3. The provisions of this section shall not apply
to photographs of texts, documents, business
papers, technical drawings or similar.
Article 148
1. The author of a photographic work shall have
the exclusive right to reproduce, disseminate
and offer for sale the work, subject to the
restrictions concerning exhibition,
reproduction and sale of portraits and without
prejudice to copyright in the reproduced work
in the case of photographs of works of
figurative art.
2. Where a photograph has been made under an
employment contract, the right referred to in
this Article shall belong to the employer entity.
Unless expressly agreed otherwise, this
principle shall benefit those commissioning
photographs as long as the subjects of the
photographs are objects in their possession.
act of recording or fixing for this transmission
shall be named phonographic recording.
2. Phonograms are gramophone rolls or disks, the
corresponding matrices, the metallic sheets,
the plates, the magnetic bands and wires and
rolls for music boxes and pianolas.
3. Phonograms shall display the title of the work
or some means of identifying it, as well as the
name or other identifying sign of the author,
either directly printed on them or on labels.
Article 139
The provisions of the present Law on publishing
contracts which are not excluded by the different
nature of the method of reproduction of the work and
by the precepts of the following articles shall apply to
authorization contracts for phonographic recordings.
Article 140
Unless otherwise agreed, contracts authorizing
phonographic recording shall not attribute to the
authorized entity the exclusive right to manufacture
and sell the phonogram of the work.
Article 141
Entities with which a contract for phonographic fixing
has been concluded may not transfer the rights
deriving from the contract of authorization to third
parties or transfer the original recording without the
author’s consent, except in the case of transfer of the
exercise of trading activities.
Article 142
The manufacturer of the phonogram may not, even on
the basis of needs of a technical nature, make any
change to the work to be recorded which fails to
respect or affects the nature of the work and which
may in any way harm the moral rights of the author.
Article 143
The purchase on the market of a copy of the
phonographic work shall not give the purchaser the
right to use that copy for any public broadcasting
purposes whatsoever.
Article 144
Phonograms produced in violation of the precepts
contained in this Chapter or introduced into Portuguese
territory, if produced in violation of precepts in force
in the country where the recording was executed, may
be seized at the request of the interested parties.
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