Template talk:PD-Portugal-URAA

Source?

What is the source for the first bullet point here? The "source" link points to the 1997 law, which says works were retroactively restored if they were protected in *any* EU country as of July 1995. If say Spain protected such photographs for 80pma, they would then have been restored in Portugal too, unless I'm missing something. The 1970 date is probably true for URAA purposes, since the retroactive law happened after the URAA date, and those would be PD in the US (so this tag could be valid on en-wiki), but in Portugal I believe the work would also have to qualify for one of the second two bullet points (which are basically PD-old-70 and PD-anon-70-EU). Carl Lindberg (talk) 05:08, 22 November 2018 (UTC)

I agree with your point about Spain. Germany has basically the same provision about copyrights being restored for works which are protected in any other EU country, and then the courts decided that because of Spain that basically applies to everything. Well, they actually decided it for only one photograph (s:de:Oberlandesgericht Hamburg - U-Boot Foto 1941), but it's a precedent. I found the same clause in the copyright laws of the Netherlands and the UK, so I guess it's a part of the EU Copyright Directive. Which should mean all photographs are protected for 70 years pma in Portugal now (or 70 years after publication if anonymous). --Rosenzweig τ 19:13, 18 October 2022 (UTC)

@Rosenzweig @Clindberg The discussion and juridical sources for the copyright of photos in Portugal are here Darwin ^Ahoy! 01:01, 9 December 2023 (UTC)

@Rosenzweig BTW, that clause do not exist in Portugal, were the retroactivity was clearly established in our transposition law to be valid specifically since 1 July 1995. It is also a well known fact that the harmonization of that directive in Portugal was never full, as stated in the writings of Dias Pereira, Oliveira Ascensão and others. I talked to Teresa Nobre and other well know Portuguese jurists and they do not supported at all the thesis that other kind of retroactivity was somehow included in that 1997 transposition, and there is not a shred of evidence supporting that particular approach. I don't think a German court doing their stuff in their own country can seriously count as a precedent to how Portugal applies its laws. Darwin ^Ahoy! 01:56, 9 December 2023 (UTC)

@DarwIn: I don't quite follow. The relevant clause seems to be here, DL n.º 334/97, de 27 de Novembro, article 5:

• "As disposições deste diploma são aplicáveis desde o dia 1 de Julho de 1995 e aplicam-se a todas as obras, prestações e produções protegidas nessa data em qualquer país da União Europeia." which Google translates to
• "The provisions of this diploma have been applicable since July 1, 1995 and apply to all works, performances and productions protected on that date in any country in the European Union." DeepL translation is
• "The provisions of this law apply from July 1, 1995 and apply to all works, performances and productions protected on that date in any country of the European Union." and Firefox Translations says
• "The provisions of this Decree-Law apply from 1 July 1995 and shall apply to all works, performances and productions protected on that date in any country of the European Union."

So it says that the law (DL n.º 334/97, de 27 de Novembro) applies to all works, performances and productions protected on July 1, 1995 in any country of the European Union. That's the same clause as in the laws of other countries (Germany, Netherlands, UK as mentioned above, most likely others). That clearly says retroactivity for everything protected on that date anywhere in the EU. It does not say retroactivity for anything freshly created from July 1,1995 onward, which would be a bizarre thing to say in any case because if your law is valid from that date anyway, why would you need retroactivity for works created/published on that date or later? --Rosenzweig τ 10:36, 9 December 2023 (UTC)

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Copied my last reply to Template talk:PD-Portugal-photo, please continue discussion there. --Rosenzweig τ 10:41, 9 December 2023 (UTC)

Thanks. ANyone interested in the discussion, please follow it in the above link. Darwin ^Ahoy! 20:27, 9 December 2023 (UTC)

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