broadcasts deemed to be of national interest. The
author of the broadcast work shall, however, have the
right to fair remuneration.
Article 162
In the case of any aspects not considered to be
specifically governed by the present Chapter, the
provisions concerning performance and publication of
intellectual works and those relating to publishing
contracts not excluded by the particular nature of this
form of use of intellectual works shall apply to sound
and visual broadcasting and to broadcasting by any
process designed to reproduce signals, sounds or
images.
CHAPTER VIII
Translations, Arrangements and other
Transformations of Intellectual Works
Article 163
The translation, transposition, arrangement,
instrumentation, dramatization, adaptation and, in
general, transformation by any means of an intellectual
work may only be carried out by the author himself or
by a person authorized by him. Such authorization
must be given in writing and, unless otherwise
specifically agreed, shall not imply the granting of
exclusive rights.
Article 164
1. If, seven years having passed since the
publication in a foreign language of a written
work, the holder of the translation rights or
another person with his authorization should
not have published the work in Portuguese,
any person may obtain a nonexclusive license
to translate and publish the work from the
courts.
2. This license may only be granted if the
claimant can prove that he requested
authorization to translate and publish the
translation from the holder of the translation
rights and that, following due diligence on his
part, he was unable to establish contact with
the copyright holder or to obtain his
authorization.
3. Under the same conditions, the license may
also be granted if, in the case of a translation
already published in Portuguese, copies of the
work have been exhausted.
4. If the claimant has been unable to establish
contact with the holder of the translation
rights, he must send copies of his request to
the publisher whose name appears on the work
stations in the case of transmission deferred
due to timing or technical needs.
3. Such recordings must be destroyed after use or
be made unusable for future transmission.
Stateowned broadcasting organizations may
keep them in official archives, if they are of
exceptional historic documentary interest.
Article 158
Authorization to broadcast a work shall apply to all
broadcasts carried out by the station belonging to the
entity granted the authorization.
Article 159
In the case of cultural programs all broadcasting
stations must indicate, prior to the broadcast, the name
or pseudonym or any other identifying sign of the
author, together with the title or name identifying the
broadcast work. Those cases in which, by custom,
such indications are omitted owing to the
circumstances and requirements of broadcasting shall
be exempt. ,
Article 160
1. The author of the broadcast work shall, unless
otherwise specifically agreed, have the right to
remuneration, which must be established in the
authorization contract. In the absence of a
stipulated amount, the remuneration, should
the parties not reach agreement on the amount,
shall be set by the judicial authority, which for
this purpose shall always take into account the
number of broadcasts.
2. The author shall also receive remuneration for
public communication of a broadcast work by
means of radio reception devices equipped
with loudspeakers or television reception
apparatus, as well as for the public
presentation of works by means of any other
analogous instruments designed to transmit
signals, sounds or images.
3. In the absence of an agreement between the
parties, the amount of remuneration shall be
set by the judicial authority, having heard the
authors’ representative, if there is one, and the
professional body to which the entity staging
the event belongs.
Article 161
Official broadcasting services authorized by the
Ministry for National Education, or by the National
Secretary for Information, Popular Culture and
Tourism on behalf of the Ministry, may carry out,
independently of the author’s authorization, special
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