SECTION IV
other author regarding works of a similar
nature, be they registered as such or not.
Duration of Copyright
Article 22
Article 25
1. If the name, pseudonym or other designation
of the author is identical to that of another
author who has previously used it in his works,
the latter may prevent the former from
continuing to use it, forcing him to alter or
replace it in order to avoid confusion among
the public.
2. Where the author is a relative of another
person previously known by the same name,
he may make a distinction by adding another
name showing the relationship.
3. No author may use names or pseudonyms well
known in the history of literature, the arts or
science.
The duration of protection granted to the author by this
Law in relation to the economic use of literary, artistic
or scientific works shall cover the life of the author and
50 years following his death.
Article 26
If the legislation of a foreign country sets a duration
for copyright different to that indicated in the
preceding article, the duration of protection claimed in
Portugal for any work originating in that country shall
be that established in the said article, if it does not
exceed the duration set in the law of the country of
origin of the work.
Article 23
Article 27
1. The use of a literary or artistic or any other
form of designation of the author contrary to
the provisions of the preceding articles shall
give the interested parties the right to request,
in addition to the ending of such use,
compensation for loss and damages, without
prejudice to any criminal action for which
there might be grounds.
2. However, the author may not be prevented
from using his name in everything that does
not relate to the intellectual work.
1. In relation to published works, the country of
origin shall be deemed to be that of first
publication, without prejudice to the
provisions of paragraph 5 of Article IV of the
Universal Copyright Convention.
2. The definition of “published work” for the
purposes of this article shall be that which
appears in subparagraph 4 of Article 4 of the
Berne Convention.
Article 28
1. If the work was published simultaneously in
several countries which grant different
copyright durations, in the absence of an
applicable international treaty or agreement,
the country which grants the shortest duration
of protection shall be deemed to be the country
of origin.
2. Any and all works which have been published
in two or more countries within 30 days of one
another, starting from the date of first
publication, shall be deemed to have been
published simultaneously.
Article 24
1. If the author presents his work under a
pseudonym or any other form of designation
which does not reveal his identity, or publishes
his work anonymously, the party indicated in
the work as being the publisher shall be
deemed to be the author’s representative and
shall be responsible for defending the rights of
the author against third parties, unless proven
otherwise.
2. The author may at any time reveal his identity
and authorship of his work. The same right is
recognized for his heirs or representatives. If
the author or his heirs or representatives
should use this power, the publisher shall only
be able to enforce the rights resulting from the
publishing contract.
Article 29
In relation to unpublished works, the country of origin
shall be deemed to be that to which the author belongs.
However, in the case of works of architecture, graphic
or plastic arts incorporated in a building, the country of
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