This is an unofficial English translation of the Copyright Law, which is merely intended to serve only as reference information and does not substitute the original Chinese and Portuguese versions. Courtesy of Macau Intellectual Property Office
PART I - LITERARY AND ARTISTIC WORKS AND THE COPYRIGHT THEREIN
Article 1. Definitions
Article 2. Protected Works
Article 3. Derived and Composite Works
Article 4. Title of the Work
Article 5. Exclusions from Protection
Article 6. Official Texts
Article 7. Personal Rights and Economic Rights
Article 8. Physical Embodiments of WorksSection II - Ownwership of Copyright
Article 9. Original Owner and Subsequent Owner
Article 10. Exemption from Formalities
Article 11. Subsidized Works
Article 12. Works Created for Others
Article 13. Limitations on Use
Article 14. Works of Joint Authorship
Article 15. Individual Rights of the Co-Authors
Article 16. Collective Works
Article 17. Auxiliaries
CHAPTER III - Identity of the Author, Pseudonyms and stage Names
Article 18. Names of Pseudonyms
Article 19. Protection of Names
Article 20. Works by Anonymous Authors
CHAPTER IV - Lapse of Copyright
Article 21. General Rule
Article 22. Works of Joint Authorship, Collective Works and Works Created for Others
Article 23. Anonymous Works and works Deemed Anonymous
Article 24. Protection of Parts, Volumes or Installments of Works
Article 25. The Public Domain
CHAPTER V - Transfer and Assignment of economic Rights
Article 26. Disposability of Economic Rights
Article 27. Authorization
Article 28. Limitation of Transfer and Assignment
Article 29. Partial Transfer and Assignment
Article 30. Total Transfer
Article 31. Assignment of Economic Rights to the Territory
Article 32. Usufruct
Article 33. Copyright as Security
Article 34. Seizure and Attachment
Article 35. Advance Disposal of Economic Rights
Article 36. Additional Compensation
Article 37. Economic Rights Forming Part of an Unclaimed Estate
Article 38. Republication of Works Out of Print
Article 39. Procedure
Article 40. Usucapion
CHAPTER VI - Personal Rights of Authors
Article 41. Regime
Article 42. Incompetent Author
Article 43. Exercise of Rights After the Author's Death
Article 44. Works of Cultural Value
Article 45. Disclosure and Publication of works Ne Varietur
Article 46. Amendments and Adaptation
Article 47. Personal Rights in the Case of Seizure
Article 48. Rights of Withdrawal
CHAPTER VII - International Scope of Protection
Article 49. Territoriality Principle
Article 50. Personal and Material Eligibility
Article 51. Term
Article 52. Origin of a Published Work
Article 53. Origin of an Unpublished Work
Article 54. International Treaties
PART II - USE OF PROTECTED WORKS
CHAPTER I - General Provisions
Article 55. Exclusive Rights
Article 56. Forms of Use
Article 57. Publication and Disclosure
Article 58. Exhaustion of the Right of Distribution
Article 59. Posthumous Works
CHAPTER II - Private Use and Fair Use
Article 60. Freedom of Private Use
Article 61. Fair Use
Article 62. Limits and Requirement
Article 63. Commentaries, Notes and Discussions
Article 64. Lectures by Professors
Article 65. Use by the Blind
Article 66. Legal Right of Transformation
CHAPTER III - WORKS AND USES IN PARTICULAR
Article 67. Publishing Contracts
Article 68. Other Contracts
Article 69. Subject Matter
Article 70. Form of Contract
Article 71. Effects of the Contract
Article 72. Content of the Contract
Article 73. Remuneration
Article 74. Obligations of the Author
Article 75. Obligations of the Publisher
Article 76. Proofs
Article 77. Printing
Article 78. Presentation of Accounts and Payment
Article 79. Author's Right of Inspection
Article 80. Excess or Shortage of Copies
Article 81. Re-editions
Article 82. Future Works
Article 83. Complete Works
Article 84. Works for Reference or Teaching
Article 85. Sale of Copies at a Reduced Price or by Weight
Article 86. Death or De Facto Incapacity of the Author
Article 87. Transfer of Publishing Rights
Article 88. Bankruptcy of the Publisher
Article 89. Termination of the Contract
Section II - Stage Performance, Recitation and Execution
Article 90. Stage Performance
Article 91. Authorization
Article 92. Filming, Transmission and Reproduction
Article 93. Proof of Authorization by the Author
Article 94. Stage Performance Contract
Article 95. Copyright
Article 96. Obligations of the Impresario
Article 97. Performance of Unpublished Works
Article 98. Fraudulent Arrangement or Production of a Performance
Article 99. Remuneration
Article 100. Burden of proof
Article 101. Transfer of the Impresario's Rights
Article 102. Termination of the Contract
Article 103. Recitation and Instrumental Performance
Section III - Audiovisual Works
Subsection I - Scope, Ownership and Regime
Article 104. Scope
Article 105. Authorship
Article 106. Lapse of Copyright
Article 107. Public Performance
Article 108. Supplementary RegimeSubsection II - Cinematorgraphic Works
Article 109. Use of Protected Works
Article 110. Authorization
Article 111. Exclusive Rights
Article 112. Economic Exploitation of the Work
Article 113. Producer
Article 114. Time Limit for Fulfillment of the Contract
Article 115. Identification of the Authors and of the Adapted Work
Article 116. Transformations
Article 117. Separate Use and Reproduction
Article 118. Remuneration
Article 119. Proofs, the Original and Copies
Article 120. Supplementary Regime
Section IV - Fixation and Publication of Phonograms and Videograms
Article 121. Definition
Article 122. Public Performance, Broadcasting and Transmission
Article 123. Use of Phonograms and Videograms
Article 124. Identification of the Work and the Author
Article 125. Musical Works That Have Already Been Fixed
Article 126. Transformation
Article 127. Scope
Article 128. Supplementary Regime
Section V - Broadcasting of Protected Works and Communication to the Public of Broadcast Works
Subsection I - Broadcast of Protected Works
Article 129. Authorization for Broadcasting
Article 130. Broadcasting of Fixed Works
Article 131. Technical Prerequisites
Article 132. Limitations
Article 133. Scope of Authorization
Article 134. Identification of the Author of the Broadcast Work
Article 135. Supplementary RegimeSubsection II - Communication of Broadcast Works to the Public
Article136. Freedom of Reception
Article 137. Equitable Remuneration
Article 138. Supplimentary Regime
Section VI - Works of Three-Dimensional, Graphic and Applied Art
Article 139. Authors of Works of Architecture and Designer Works
Article 140. Reproduction
Article 141 Identification of Works
Article 142. Identification of the Authors
Article 143. Models or Instruments Used
Article 144. Execution of the Plan
Article 145. Exhibition of Artistic Works
Article 146. Liability for Exhibited Works
Article 147. Extension of Protection
Article 148. Lapse
Section VII - Photographic Works
Article 149. Demarcation of Protection
Article 150. Rights of Others
Article 151. Commissioned photographs
Article 152. Photographs Published in Periodicals
Article 153. Disposal of Negatives
Article 154. Compulsory Information
Article 155. Lapse
Article 156. Extension
Section VIII - Translations and other Derived Works
Article 157. Autorization by the Author
Article 158. Additional Compensation of the Translator
Article 159. Identification of the Translator
Article 160. Publication of Translation
Article 161. Extension
Section IX - Newspapers and other Periodical Publications
Article 162. Ownership
Article 163. Titles of Periodicals
Article 164. Works Created Under an Employment Contract
Article 165. Works of Independent collaborators
Article 166. Subject Matter of Protection
Article 167. Personal Rights
Article 168. Ownership
Article 169. Renting
Article 170. Scope
Article 171. Rights in Works Used
Article 172. Exercise of Rights
Article 173. Private Use and Fair Use
Article 174. Extension of Protection
Article 175. Presumption of Consent
Article 176. Definition
Article 177. Conditions for Protection
Article 178. Rights of Performers
Article 179. Authority to Broadcast
Article 180. Identification of Performers
Article 181. Representation of Performers
Article 182. Lapse
Article 183. Definition
Article 184. Conditions for Protection
Article 185. Rights of Producers
Article 186. Reference to Other Provisions
Article 187. Identification of the Producer
Article 188. Lapse
CHAPTER IV - Broadcasting Organizations
Article 189. Definition
Article 190. Conditions for Protection
Article 191. Rights of Broadcasting Organizations
Article 192. Lapse
CHAPTER V - Entertainment Organizers
Article 193. Definition
Article 194. Rights of Entertainment Organizers
Article 195. Collective Management Agencies
Article 196. Registration of the Agency
Article 197. Representation Before the Court
Article 198. Obligation to Provide Information
Article 199. Obligatory communication
Article 200. Certificates and Fees
PART V - CRIMINAL AND ADMINISTRATIVE INFRINGEMENTS
CHAPTER I - General Provisions
Article 201. Determination of Severity of Penalty
Article 202. Liability of Legal Persons
CHAPTER II - Additional Penalties
Article 203. Applicable Additional Penalties
Article 204. Commitment to Good Conduct
Article 205. Temporary Prohibition from Exercising Certain Activities or Professions
Article 206. Temporary Closure
Article 207. Permanent Closure of Establishments
Article 208. Publication of the Sentence
Article 209. Appropriation of Protected Works
Article 210. Violation of Unpublished Works
Article 211. Counterfeiting of Protected Works
Article 212. Commercialization of Unlawful Copies
Article 213. Neutralization of Protective Devices
Article 214. Removal or Alteration of Information
CHAPTER IV - Administrative Infringements
Article 215. Infringements in Collective Management
Article 216. Repetition of Administrative Infringements
Article 217. Competence for Imposition of Fines
Article 218. Payment of Fines
Article 219. Destination of Proceeds from Fines
Article 220. Protection Under Other Legal Provisions
Article 221. Application in Time
Article 222. Legislation Repealed
Article 223. Entry into Force
DECREE-LAW 43/99/M of August 16, 1999
PREAMBLE Portuguese
| Chinese
Copyright in Macao has hitherto been regulated essentially by Decree-Law No. 46980 of April 27, 1966, published in the Official Bulletin of January 8, 1972.
Although the 1966 Code provides a generous basic framework of legal protection for authors, it is the result of a draft written to a large extent in the 1950s and is showing clear signs of its advancing years.The speed of technological development and the introduction of new international standards in the field of copyright in recent decades have indeed given rise to legal loopholes, only some of which were filled in by Law No. 4/85/M of November 25, 1985, and Decree No. 17/98/M of May 4, 1998.
The fact that the existing legislation is falling out of step with the present situation is largely attributable also to the international obligations assumed by Macao on joining the World Trade Organization. At the same time it became bound by the Agreement on Trade-Related Aspects of Intellectual Property Rights, which among other obligations committed the Territory to harmonization of its domestic legislation with the Paris Act of 1971 of the Berne Convention for the Protection of Literary and Artistic Works and the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, signed in Rome in 1961.
In view of the foregoing, it is necessary to enact new legislation to effect compliance with the international obligations incumbent on Macao and at the same time respond to the need for modernization that is making itself felt in this area.
Wherefore;
Having heard the Consultative Council;
The Acting Governor, in accordance with paragraph (1) of Article 13 of the Organizational Constitution of Macao, decrees the following to have force of law in the Territory of Macao:
PART I - LITERARY AND ARTISTIC WORKS AND THE COPYRIGHT THEREIN
Article 1. Definitions Portuguese | Chinese
(1) Intellectual creations in the literary, scientific and artistic fields, whatever may be their type, form of expression, merit, form of communication or purpose, shall be protected by copyright.
(2) Ideas, processes, systems, operational methods, concepts, principles or discoveries, alone and as such, shall not be protected by copyright.
(3) The prerequisite for copyright protection is the outward manifestation of the work, independently of its disclosure, publication, use or economic exploitation.
(4) A work is original where it is the result of the author's own creative effort and not merely the appropriation of another person's creation.
Article 2. Protected Works Portuguese | Chinese
(1)The following in particular are protected works in so far as they are original:
(a)literary, journalistic, scientific and other writings, including computer programs;
(b)lectures, speeches, addresses and sermons;
(c)dramatic and dramatico musical works and the direction thereof;
(d)works of choreography or mime that are expressed in written or any other form;
(e)musical compositions, with or without words;
(f)cinematographic, television, video and other audiovisual works;
(g)works of drawing, tapestry, painting, sculpture, ceramics, glazing, engraving, lithography and architecture;
(h)photographic works and works produced by processes analogous to photography;
(i)works of applied art, industrial designs or models and designer works that constitute artistic creations;
(j)illustrations and maps;
(1)plans, sketches and three dimensional works relating to architecture, geography or other sciences;
(m)slogans or mottoes, even if of an advertising nature;
(n)parodies and other literary or musical compositions, even if inspired by the theme or subject of another work;
(o)databases and other compilations that are original in the arrangement of their subject matter or the selection of their contents.(2)Successive editions of a work, even if corrected, expanded, revised or given a new title or format, shall not constitute works distinct from the original work, nor shall reproductions of artistic works, even where their dimensions have been changed.
(3)The protection granted to computer databases and other compilations of information does not include the actual data or material compiled, without prejudice to any rights that may subsist in them.
Article 3. Derived and Composite Works Portuguese | Chinese
(1)Derived works are those that result from the alteration of a preexisting work, for example arrangements, orchestrations, dramatizations, cinema adaptations and translations.
(2)Composite works are those in which a preexisting original work is wholly or partly incorporated without change.
(3)Derived and composite works are protected in the same way as original works.
(4)The protection conferred on derived and composite works shall not prejudice the protection of the original works altered or incorporated, and shall be independent thereof.
Article 4. Title of the Work Portuguese | Chinese
(1)The protection of a disclosed or published work shall extend to the title thereof, provided that it is distinctive and cannot be confused with the title of any other work of the same genre by another author.
(2)The following are not distinctive:
(a)titles consisting of the generic, necessary or usual designation of the theme or subject matter of works of a certain kind;
(b)titles consisting solely of the names of historical, literary or mythological characters, or the names of living persons.
(3) Action may be brought against a person who fraudulently appropriates a title in the knowledge that a third party is making effective preparations for its use on an unpublished work.
Article 5. Exclusions from Protection Portuguese | Chinese
(1)The following are not protected subject matter, without prejudice to the provisions of the following paragraph:
(a)daily news and reports of miscellaneous events having the character of mere information, however disclosed;
(b)petitions, allegations, complaints and other texts submitted in writing or orally to public authorities or services;
(c)texts presented and speeches given to assemblies or other collegiate, political and administrative bodies, or in public debates, on topics of common interest;
(d)political speeches.
(2)The author of the texts referred to in subparagraphs (b), (c) and (d) of the foregoing paragraph shall have the exclusive right to publish them or authorize their publication, either in a collection or separately.
(3)The use by a third party of the works referred to in paragraph (1), where lawful, shall be limited to what is required by the objective to be achieved through disclosure.
(4) Communication to the public of the texts referred to in subparagraph (b) of paragraph (1) shall not be permitted if they are of a confidential nature or if their disclosure might prejudice the honor or reputation of the author or a third party.
(5)The prohibition provided for in the foregoing paragraph shall be lifted where the person or the third party whose honor or reputation might be prejudiced has given his consent, or where a judicial decision to the contrary has been handed down in the face of evidence proving the existence of legitimate reasons stronger than those underlying the said prohibition.
Article 6. Official Texts Portuguese | Chinese
(1)Official texts shall not benefit from protection.
(2)Official texts are in particular the texts of treaties, laws and regulations and those of reports or decisions by authorities of any kind, and translations thereof.(3)Where the texts referred to in the preceding paragraph incorporate protected works, these may be used by public services within their area of concern without the author's consent and without any right being thereby conferred on him.
Article 7. Personal Rights and Economic Rights Portuguese | Chinese
(1)The author shall enjoy personal rights and economic rights in the protected work.
(2)The author's economic rights include the exclusive right:(a)to use and economically exploit the work, and to authorize its economic exploitation, in whole or in part, by a third party;
(b)to receive remuneration for the use that a third party makes of the work, where the author's permission for that use is dispensed with by law.
(3)The author's personal rights include the power:
(a)to keep the work unpublished;
(b)to claim authorship of the work and to be identified as the author on the original, on each copy and in any publicity;
(c)to withdraw his works from circulation as provided in Article 48;
(d)to ensure the authenticity and integrity of his work and object to any mutilation or distortion of it and in general to all and any acts that detract from it and might adversely affect his honor and reputation as an author.
Article 8. Physical Embodiments of Works Portuguese | Chinese
(1)The copyright in the work, being incorporeal, shall be independent of the ownership rights in the physical material used for its fixation or communication.
(2)The manufacture or acquisition of the material embodiment of a protected work shall not confer any copyright on the manufacturer or acquirer.
SECTION II - OWNERSHIP OF COPYRIGHT
Article 9. Original Owner and Subsequent Owner Portuguese | Chinese
(1)Unless otherwise provided, the original owner of copyright is the intellectual creator of the work.
(2) It shall be presumed that the intellectual creator of the work is the person named as such on the work in conformity with current practice, or announced as such in connection with any kind of use or communication to the public.
(3)References to the author in this Decree/Law shall include the original owner and also the subsequent owner if the rights concerned are transferable, except where the provision concerned states otherwise.
Article 10. Exemption from Formalities Portuguese | Chinese
The recognition of copyright is independent of registration, deposit or any other "'formality.
Article 11. Subsidized Works Portuguese | Chinese
Any person who in any way either totally or partly subsidizes or finances the preparation, completion, disclosure or publication of a work shall not thereby acquire any copyright in the said work, unless otherwise agreed in writing.
Article 12. Works Created for Others Portuguese | Chinese
(1)The ownership of the economic rights in a work made on behalf of another person, either in fulfillment of official duties or under an employment contract, shall be determined in accordance with what has been agreed.
(2)In the absence of agreement, it shall be presumed that the owner of the economic rights in the work is the intellectual creator, without prejudice to the following paragraph.
(3)Where the name of the intellectual creator is not mentioned in the work or shown in its customary place, it shall be presumed that the economic rights have been assigned to the entity for which the work was made.
(4)Where the economic rights have been assigned to the person for whom the work was made, the intellectual creator shall be entitled to special remuneration in addition to his agreed remuneration, whether or not the work is actually disclosed or published:
(a)when the intellectual creation has clearly gone beyond the limits of even zealous discharge of the responsibility or task assigned;
(b)when uses are made of the work or benefits derived from it that were not included among those envisaged when the remuneration was agreed.
Article 13. Limitations on Use Portuguese | Chinese
(1)Where, as provided in the preceding Article, the economic rights in a work created for another person belong to the intellectual creator, the person on whose behalf the work was made may only use it for the purpose specified in the relevant agreement or, in the absence of an agreement, for the purposes for which it was created.
(2)The intellectual creator of a work made for another person may not in any event make use of the work in any way that would be prejudicial to the purposes for which it was produced.
(3)The right to make changes to a work made on commission shall always be subject to authorization by the intellectual creator, with the exception of any changes that are essential for the use of the work according to the purpose for which it was produced.
Article 14. Works of Joint Authorship Portuguese | Chinese
(1) Copyright in a work of joint authorship as a whole shall belong to all those who have collaborated in its making, and the exercise of the rights shall be governed by the rules of joint ownership, without prejudice to the provisions of paragraph (4) below.
(2)A work of joint authorship is one created by two or more persons and disclosed or published in the name of all or some of them, regardless of whether or not the individual contribution of each creator can be distinguished.
(3)Unless otherwise agreed in writing, the indivisible parts belonging to the coauthors of a work of joint authorship shall be deemed to be of equal value.
(4)Where a work of joint authorship is disclosed or published only in the name of one or some of the co/authors and there is no mention of the others in any part of the work, the copyright concerned is presumed to belong exclusively to the one or to those in whose name the disclosure or publication took place.
(5)Persons who have simply helped the author produce, disclose or publish the work in any way shall not be deemed to be co/authors.
Article 15. Individual Rights of the Co-Authors Portuguese | Chinese
(1)Any of the co/authors of a work of joint authorship may request the disclosure, publication, exploitation or modification thereof; in the event of disagreement, the matter shall be settled according to the principles of good faith.
(2)Any of the co/authors may individually exercise the rights in his personal contribution, provided that it can be distinguished and the purposes for which the joint work was produced are not prejudiced.
Article 16. Collective Works Portuguese | Chinese
(1)The original owner of the copyright in a collective work shall be the person who organizes and directs its creation and in whose name the work is disclosed or published.
(2)A collective work is a work created by two or more persons but organized on the initiative of a natural person or a legal entity in whose name it is disclosed or published.
(3)A database shall be presumed to be a collective work.
(4)Where it is possible to distinguish the individual contributions of one or some of the intellectual creators of a collective work, the provisions of paragraph (2) of the preceding Article shall apply to the rights in those personal contributions.
Article 17. Auxiliaries Portuguese | Chinese
Any natural or legal person who participates in the production, publication or disclosure of a protected work in an auxiliary capacity as technician, designer, constructor or the like shall not own any copyright in the work, without prejudice to any related rights that he might hold.
CHAPTER III - IDENTITY OF THE AUTHOR, PSEUDONYMS AND STAGE NAMES
Article 18. Names of Pseudonyms Portuguese | Chinese
The author may identify himself with his name, in either full abbreviated form, his initials, a pseudonym or any other conventional sign.
Article 19. Protection of Names Portuguese | Chinese
(1)The use of a literary, artistic or scientific pseudonym liable to be confused with another name previously used in a disclosed or published work, even a work of a different genre, is not permitted.
(2) Where the author is related by blood or marriage to another previously known by the same civil name, a distinction may be made between them by the addition to the name of an element showing the blood or marital relationship.
(3)No one may use, in a work created by him, the name of a person who has not participated in its creation, even with his consent.
(4)A person prejudiced by the use of a name in a manner contrary to the provisions of the preceding paragraphs may seek the cessation of that use and adequate legal measures to avoid confusion in the mind of the public as to the true authorship.
Article 20. Works by Anonymous Authors Portuguese | Chinese
(1)Any person who discloses or publishes a work under a name or pseudonym that does not reveal the author's identity, or anonymously, shall be deemed to be the author's representative and shall be responsible for defending the rights in the said work against third parties.
(2)The preceding paragraph shall not apply where the author has specified otherwise.
(3)The powers of representation referred to in paragraph (1) shall cease as soon as the author reveals his identity.
CHAPTER IV - LAPSE OF COPYRIGHT
Article 21. General Rule Portuguese | Chinese
(1)In the absence of any special provisions, copyright shall lapse 50 years after the death of the creator of the work, even in the case of works disclosed or published posthumously.
(2)Where the term of copyright is calculated from the date of the publication or disclosure of the work and the work remains undisclosed and unpublished for the same length of time counted from the date on which it was made, the term of copyright shall be calculated from the latter date.
(3)Copyright terms shall not start until the first day of the year following that in which the determining event occurred.
Article 22. Works of Joint Authorship, Collective Works and Works Created for Others Portuguese | Chinese
(1)Copyright in works of joint authorship as a whole shall lapse 50 years after the death of the last surviving co-author.
(2)For the purposes of the preceding paragraph, only those persons in whose names the work has been disclosed or published as provided in paragraph (4) of Article 14 shall be considered co/authors.
(3)Unless otherwise provided, the copyright in a collective work or accruing to an entity for which the work has been made shall lapse 50 years after the first disclosure or publication.
(4)The term of the copyright accruing separately to the intellectual creators of a work of joint authorship or collective work in relation to their recognizably personal contributions shall be that provided for in paragraph (1) of the preceding Article.
Article 23. Anonymous Works and works Deemed Anonymous Portuguese | Chinese
(1)The copyright in an anonymous work or a work disclosed or published without the true identity of the author being revealed shall lapse 50 years after the disclosure or publication.
(2)Where the use of a name, while not the author's own, leaves no doubt as to his identity or where he reveals it within the period referred to in the preceding paragraph, the term of protection shall be that granted to works disclosed or published in the author's own name.
Article 24. Protection of Parts, Volumes or Installments of Works Portuguese | Chinese
(1)Where the various parts, volumes or installments of a work are not published simultaneously, the copyright terms shall be calculated separately.
(2)The preceding paragraph shall also apply to issues or installments of a collective work published periodically, such as a newspaper or magazine.
Article 25. The Public Domain Portuguese | Chinese
A work shall fall into the public domain on the expiry of the term of copyright.
CHAPTER V - TRANSFER AND ASSIGNMENT OF ECONOMIC RIGHTS
Article 26. Disposability of Economic Rights Portuguese | Chinese
The original owner of the economic rights, and also his successors or transferees, may:
(a)authorize third party use of the work;
(b) transfer or assign all or some of the said rights.
Article 27. Authorization Portuguese | Chinese
(1)The mere authorization granted to a third party to disclose, publish, use or exploit a work in any way shall not imply transfer of the copyright in it.
(2)The authorization referred to in the preceding paragraph may only be granted in writing and shall be presumed to be for a consideration and non-exclusive.
(3)The authorization must specify the authorized form of disclosure, publication or use, and also the relevant conditions of duration, place and remuneration.
(4)Where the authorized form of use is the making of copies for commercial purposes, the authorization shall contain the following:
(a)the identity of the authorizing and the authorized parties;
(b)the address of the authorizing party;
(c) the distinctive identity of the work or works whose reproduction is authorized;
(d)the authorized number of copies of the work or, if several works are involved, of each work;
(e)the duration of the authorization.
Article 28. Limitation of Transfer and Assignment Portuguese | Chinese
There may not be any transfer or assignment, either voluntary or enforced, of the economic rights granted for the exclusive protection of the intellectual creator or of any other rights excluded by law.
Article 29. Partial Transfer and Assignment Portuguese | Chinese
(1)Both the partial transfer and the assignment of economic rights shall be effected in writing, and the scope of the rights granted shall be determined by the object of the contract.
(2)The corresponding instrument shall specify the subject matter and the conditions governing the exercise of the rights and, where the transaction is for a consideration, the amount of the remuneration.
(3) Where the transfer or assignment is temporary and no duration has been specified, it shall be presumed to be 25 years in general and ten years in the case of works of applied art.
(4)The exclusive rights granted shall lapse if the work is not used for a period of seven years following their grant.
Article 30. Total Transfer Portuguese | Chinese
The total transfer of economic rights may only be effected by means of an authenticated public instrument that identifies the work and specifies the relevant remuneration if the transfer is for a consideration.
Article 31. Assignment of Economic Rights to the Territory Portuguese | Chinese
The author of a protected work who assigns his economic rights to the Territory free of charge is entitled to receive 50 copies of the said work without any payment if it is published.
Article 32. Usufruct Portuguese | Chinese
(1)Economic rights may be the subject of legal and voluntary usufruct.
(2)The usufructuary may not use the work concerned for any purpose involving its transformation or alteration without the authorization of the owner of the rights.
Article 33. Copyright as Security Portuguese | Chinese
(1) The economic rights in a work may be used as security.
(2)In the case of judicial attachment, the measure shall apply specifically to the right or rights that the debtor has pledged as security in relation to the work or works mentioned.
(3)The creditor shall not acquire any rights in the physical embodiment or embodiments of the work.
Article 34. Seizure and Attachment Portuguese | Chinese
(1)The economic rights in works already published or disclosed may be seized or attached; the provisions of the preceding Article regarding security shall be observed with respect to enforcement.
(2) Incomplete manuscripts, sketches, drawings, paintings, sculptures or other original works shall be exempt from seizure or attachment unless the author offers them or consents thereto.
(3)Where the author, by his direct acts, reveals his intention to disclose or publish the works referred to in the preceding paragraph, the creditor may effect seizure or attachment of the corresponding economic rights.
Article 35. Advance Disposal of Economic Rights Portuguese | Chinese
(1)Transfer or assignment of copyright in future works may only apply to works to be produced by the author within a maximum period of seven years.
(2)Where a contract specifies a longer period, it shall be considered limited to the period specified in the preceding paragraph and the remuneration provided for shall be reduced accordingly.
(3)Any transfer or assignment of the economic rights in future works without limitation in time shall be null and void.
Article 36. Additional Compensation Portuguese | Chinese
(1)Where the intellectual creator or his successors, having transferred or assigned the economic rights in the work for a consideration, suffer a grave economic prejudice as a result of manifest disproportion between their income and the receipts earned by the beneficiary of the transfer or assignment, they may demand additional compensation from the beneficiary according to the results of the economic exploitation.
(2)In the absence of agreement, the additional compensation referred to in the preceding paragraph shall be fixed according to the normal results of economic exploitation of all the similar works of the same author.
(3)Where the price of the transfer or assignment of the economic rights in the work is calculated as a proportion of the income derived by the beneficiary from exploitation, the right to additional compensation shall apply only where the percentage established is clearly lower than that customarily paid in transactions of the same nature.
(4) The right to additional compensation shall lapse when the work falls into the public domain, and in any event where it is not exercised within a period of three years from the date of awareness of the grave economic prejudice suffered.
Article 37. Economic Rights Forming Part of an Unclaimed Estate Portuguese | Chinese
(1)Where economic rights forming part of an unclaimed estate are declared to belong to the Territory, they shall be excluded from the liquidation, but they may be disposed of where the revenue from the sale of other assets is not sufficient to pay debts.
(2)The work shall fall into the public domain where the Territory has not made or authorized use of the work within of a period of ten years following the date on which the estate was declared unclaimed.
(3)Where on the death of one of the authors of a work of a joint authorship his estate reverts to the Territory, the economic rights in the work as a whole shall then belong to the remaining authors.
Article 38. Republication of Works Out of Print Portuguese | Chinese
(1)Where the subsequent owner of the right of republication refuses to excercise his right or to authorize republication after the work has gone out of print, any interested party, including the Territory, may seek judicial authorization to republish the work.
(2)The judicial authorization shall be granted in so far as the refusal was not based on reasonable moral or material grounds, excluding financial grounds.
(3) The judicial authorization provided for in the preceding two paragraphs shall not deprive the owner of his right of republication, and he may undertake or authorize future editions.
(4)The provisions of this Article shall not prejudice the owner's right to be remunerated for the republication and shall apply, mutatis mutandis, to all forms of reproduction where the transferee of rights in any work already disclosed or published does not satisfy the reasonable requirements of the public.
Article 39. Procedure Portuguese | Chinese
(1)The judicial authorization provided for in the foregoing Article shall be given in accordance with the procedure for the granting of consent.
(2)Appeals against the court's decision shall lie, with staying effect, to the next higher instance, which shall hand down a final judgment.
Article 40. Usucapion Portuguese | Chinese
Copyright shall not be acquired by uscapion.
CHAPTER VI - PERSONAL RIGHTS OF AUTHORS
Article 41. Regime Portuguese | Chinese
The author's personal rights shall be independent of his economic rights, inalienable, unrenounceable and imprescriptible, and may be exercised after his death as provided in Article 43.
Article 42. Incompetent Author Portuguese | Chinese
An incompetent intellectual creator may exercise the personal rights in his works provided that he has sufficient natural comprehension for the purpose.
Article 43. Exercise of Rights After the Author's Death Portuguese | Chinese
After the author's death, as long as the work does not fall into the public domain, the exercise of personal rights shall accrue to his successors.
Article 44. Works of Cultural Value Portuguese | Chinese
(1)The Territory may take upon itself, and be responsible for instituting adequate measures to ensure, the protection of works that have not fallen into the public domain but whose authenticity or integrity are threatened, after the persons referred to in the foregoing paragraph have been notified and have failed to protect their works without just grounds.
(2)The Territory shall be responsible for protecting the authenticity and integrity of works in the public domain.
(3)The entity competent to implement the provisions of this Article shall be designated by order of the Governor, published in the Official Bulletin.
Article 45. Disclosure and Publication of works Ne Varietur Portuguese | Chinese
Where the author has partly or entirely revised his work and has effected or authorized its disclosure or publication ne varietur, his successors or third parties shall not reproduce any of the previous versions.
Article 46. Amendments and Adaptation Portuguese | Chinese
(1)Amendments to the work shall not be permitted without the author's consent, even where use of the work is lawful without such consent.
(2)Where a person is authorized to use a given work, it shall be understood that he is also authorized to make adaptations in the said work which, without detracting from it, are necessary for its use in the manner authorized.
(3)In the case of anthologies intended for educational purposes, the changes dictated by those purposes shall be permissible, provided that the author does not object to them under the following paragraph.
(4)The author's consent shall be requested in a registered letter with acknowledgement of receipt in which the amendments to be made are explained, and the author shall have one month from the date of receipt within which to make his position known.
Article 47. Personal Rights in the Case of Seizure Portuguese | Chinese
(1)Where the acquirer of the economic rights in a seized work effects the publication thereof, the right to correct the work and in general the author's personal rights shall not be affected.
(2)Where in the case mentioned in the preceding paragraph the author retains the proofs without justification for a period exceeding 60 days, printing may proceed without proofreading.
Article 48. Rights of Withdrawal Portuguese | Chinese
The author of a disclosed or published work may at any time withdraw it from circulation and discontinue its economic exploitation, in whatever form, provided that he has justifiable moral grounds for doing so, and compensates third parties for any prejudice caused.
CHAPTER VII - INTERNATIONAL SCOPE OF PROTECTION
Article 49. Territoriality Principle Portuguese | Chinese
The law of Macao shall be exclusively applicable when the protection granted to a work in the Territory is determined.
Article 50. Personal and Material Eligibility Portuguese | Chinese
(1)Authors resident in the Territory shall enjoy the protection granted by the law of Macao.
(2)Authors who are not resident in the Territory shall enjoy the protection accorded to residents subject to material reciprocity.
(3)The following shall in any case enjoy the protection granted by the law of Macao:
(a) works that are first or simultaneously published in Macao;
(b)works of architecture built within the Territory;
(c)works of art incorporated in buildings erected within the Territory;
(d)audiovisual works produced by residents of the Territory.
Article 51. Term Portuguese | Chinese
Where the work originates in another legal system and its author is not resident in the Territory, the term of protection thereof shall be that specified by this Decree?Law, provided that it does not exceed that specified by the legal system in which the work originated, as determined by the following Articles.
Article 52. Origin of a Published Work Portuguese | Chinese
(1)The legal system of a published work is that of the place of first publication.
(2) Where a work has been published simultaneously in different places subject to legal systems that specify different terms of copyright protection, the legal system that grants the shortest term protection shall be considered the legal system of origin.
(3)A work shall be considered published under several legal systems where, within a period of 30 days from the date of first publication, it is again published in another place subject to a legal system different from that of the place of first publication.
Article 53. Origin of an Unpublished Work Portuguese | Chinese
(1)The legal system of an unpublished work shall be that of the author's ordinary residence.
(2)However, in the case of works of architecture and graphic or three/dimensional art, the legal system of the place in which the said works have been built or are incorporated in a building shall be considered the legal system of origin.
Article 54. International Treaties Portuguese | Chinese
The provisions of this Chapter shall be without prejudice to the application of international treaties to which the Territory is party.
PART II - USE OF PROTECTED WORKS
CHAPTER I - GENERAL PROVISIONS
Article 55. Exclusive Rights Portuguese | Chinese
(1)Unless otherwise provided, the author shall have the exclusive right to use his work, in whole or in part, including notably the right to disclose, publish and economically exploit it in any form, either directly or indirectly, within the limits of the law.
(2)The guarantee of the pecuniary benefits deriving from exploitation of the work shall constitute the basic objective, in economic terms, of legal protection.
Article 56. Forms of Use Portuguese | Chinese
(1)Economic exploitation of the work, and its use in general, may take any known or as yet unknown form according to its type and nature.
(2)The author shall have the exclusive right to choose freely the process and conditions for the use and economic exploitation of the work.
(3)The author shall in particular have the exclusive right to carry out or authorize the following:
(a)publication by printing or by any other method of graphic reproduction;
(b)performance, recitation, execution, display or presentation in public;
(c)cinematographic reproduction, adaptation, performance, distribution and presentation;
(d)adaptation to any apparatus used for mechanical, electric, electronic or chemical reproduction and public performance, transmission or retransmission by such means;
(e)dissemination by photography, broadcasting or any other process for reproducing signs, sounds or images, and communication to the public by wire or wireless means, including making the work available to the public in such a way that they may have access to it in the place and at the time of their choosing;(f) distribution to the public of the original or copies of the work by any means, including, in the case of cinematographic works and computer programs, commercial rental, but excluding lending;
(g)translation, adaptation, arrangement, setting to music or any other transformation of the work, without prejudice to the rights of the person who does the transformation work;
(h) any use in another work;
(i)total or partial, permanent or temporary, direct or indirect reproduction, whatever the means by which it is done;
(j) construction of an architectural work according to the relevant plans.
(4)The various forms of use and economic exploitation of the work shall be mutually independent, and the adoption of one of them by the author or an authorized person shall not prejudice the adoption of the other forms also by the author or by authorized third parties.
(5)Reproduction means the making of copies of a fixation or of a qualitatively or quantitatively significant part thereof.
(6)The mere similarity of works derived from the same original work, or of representations of the same subject matter, shall not constitute unlawful use where, in spite of the similarity attributable to the identity of the original work or subject matter, each of the derived works or representations has an individuality of its own.
Article 57. Publication and Disclosure Portuguese | Chinese
(1)The act of lawfully bringing a work to the notice of the public by reproduction of the physical medium concerned and the supply of copies to that public by any means in such a way as to meet its requirements, due account being taken of the nature of the work, shall be considered publication.
(2)The act of lawfully bringing a work to the notice of the public by any means that does not meet the requirements of the preceding paragraph, for example the performance of a dramatic or dramatico musical work, the showing of a cinematographic work, the recitation of a literary work, the performance of a musical work, transmission or broadcasting, the construction of a work of architecture or three dimensional work incorporated therein and the exhibition of any kind of artistic work, shall be considered disclosure.
(3)Publication and disclosure shall be lawful where authorized by the author or where he is aware of the acts and does not object to them.
Article 58. Exhaustion of the Right of Distribution Portuguese | Chinese
Any act of disposal of the original or copies of a protected work within the meaning of subparagraph (f) of Article 56(3) shall cause the exhaustion of the exclusive right of distribution of the subject matter concerned, without prejudice to the continued existence of the exclusive right of commercial rental, if any.
Article 59. Posthumous Works Portuguese | Chinese
(1)It shall be for the author's successors to decide on the use of works not disclosed or published in his lifetime.
(2) Successors who disclose or publish a posthumous work shall have the same rights in it as they would have had if the author had disclosed or published the work in his lifetime, without prejudice to the term of the copyright therein.
(3)Where the successors do not publish or disclose the work within a period of 25 years from the date of the author's death, they may not object to its disclosure or publication by third parties, except in the presence of serious grounds of a moral nature, which shall be evaluated by the court.
CHAPTER II - PRIVATE USE AND FAIR USE
Article 60. Freedom of Private Use Portuguese | Chinese
(1)The private use of protected works shall be free unless otherwise provided.
(2)The following in particular shall be considered private use:
(a)reproduction of the work exclusively for the private purposes of the person who does it;
(b)the performance of a dramatic or dramatico?musical work, the showing of a cinematographic work, the recitation of a literary work, the performance of a musical work and any other form of communication of a work already disclosed or published, when done without gainful intent and in a place open to the public.
Article 61. Fair Use Portuguese | Chinese
The following shall be lawful without the consent of the author:
(a)the reproduction in the media, for information purposes, of speeches, addresses and lectures given in public that do not fall into the categories provided for in Article 5(1), either as excerpts or in the form of summaries;
(b)the regular selection of articles from printed periodicals in the form of press reviews;
(c)the fixing, reproduction and communication to the public by any means of short excerpts from works where their inclusion in accounts of current events is justified by the informatory purpose pursued;
(d)the partial or total reproduction of previously published or disclosed works, provided that it is done by a public library, non?commercial documentation center or scientific institution and that the reproduction is not intended for the public and is limited to the requirements of the institution's own activities;
(e)partial reproduction by educational establishments that is exclusively for teaching purposes in those establishments and without gainful intent;
(f)the inclusion in one's own work of quotations or summaries from another's, whatever their nature, in support of one's own opinions or for the purposes of criticism, discussion or teaching;
(g)the inclusion of short excerpts or parts of another author's works in one's own works intended for teaching;
(h)the performance of musical works or literary musical works at official events in the Territory and religious ceremonies, provided that the performers work free of charge and public access, where permitted, is also free;
(i)the reproduction of news articles and articles on economic, political or religious topics, provided that such reproduction has not been expressly reserved;
(j)the fixation of works of art located in public places by means of photography, videography, cinematography or other similar means;
(1)the use of works not available commercially for exclusively scientific, educational and humanitarian purposes;
(m)use by the courts and other official services in the Territory to the extent strictly essential to the exercise of their public functions.
Article 62. Limits and Requirement Portuguese | Chinese
(1)The private and free use of a protected work shall not prevent its normal economic exploitation or unjustifiably prejudice the legitimate interests of the author.
(2)The free use referred to in the preceding Article shall be accompanied by the following:
(a)a mention, where possible, of the author and title of the work;
(b)in the case referred to in subparagraph (d) of the preceding Article, equitable remuneration payable to the author by the entity that carried out the reproduction.
(3)The works reproduced or quoted under the preceding Article must not be susceptible of confusion with the works of the person using them, and the reproduction or quotation must not be so extensive as to prejudice interest in the works.
(4)The author alone has the right to assemble the works mentioned in subparagraphs (a) and (i) of the preceding Article in a volume.
Article 63. Commentaries, Notes and Discussions Portuguese | Chinese
(1)It shall not be permissible to reproduce another author's work without his permission on the pretext of commenting on or annotating it, but it shall be lawful to publish separate commentaries or notes merely with references to chapters, paragraphs or pages of the other author's work.
(2) The author who reproduces his articles, letters or other polemic texts published in newspapers or periodicals may also reproduce articles defending the opposite position, and the opposing party or parties shall have the same right, even after publication of the articles by the former.
Article 64. Lectures by Professors Portuguese | Chinese
(1) Lectures by professors may only be published with the consent of the author concerned, even if the lecture is presented in the form of a report on the direct responsibility of the person publishing it.
(2)Unless otherwise specified, it shall be considered that the authorized publication is intended solely for the use of students.
Article 65. Use by the Blind Portuguese | Chinese
(1)Reproduction or any other non-profit making use of published works, involving Braille or another system for the blind, shall be permitted.
(2)Blind persons are entitled to fix the lectures referred to in the preceding Article by any means for their exclusive use.
Article 66. Legal Right of Transformation Portuguese | Chinese
The legal right to use a work without the author's prior consent includes by implication the right to transform it, by translation or otherwise, the extent necessary for its authorized use.
CHAPTER III - WORKS AND USES IN PARTICULAR
Article 67. Publishing Contracts Portuguese | Chinese
A contract by which the author authorizes another to produce, distribute and sell a specified number of copies of a work or set of works on his own account shall be considered a publishing contract.
Article 68. Other Contracts Portuguese | Chinese
(1)Those contracts shall not be considered publishing contracts under which the author entrusts another with:
(a)producing on his own account a specified number of copies of a work and ensuring that they are stocked, distributed and sold, the parties having agreed to share between themselves the results of the corresponding economic exploitation;
(b)producing a specified number of copies of a work and ensuring that they are stocked, distributed and sold on the author's account and at his risk in exchange for remuneration;
(c)ensuring that copies produced by the author are stocked, distributed and sold in exchange for remuneration.
(2)The contracts referred to in the preceding paragraph shall be subsidiary regulated by the legal provisions governing special partnerships in the case of subparagraph (a), by those governing contracts for the rendering of services in the case of subparagraphs (b) and (c), and in addition by usage.
Article 69. Subject Matter Portuguese | Chinese
Publishing contracts may have as their subject matter one or more existing or future works, whether published or not.
Article 70. Form of Contract Portuguese | Chinese
(1)The publishing contract shall be drawn up in writing.
(2)Nullity for failure to draw up the contract in writing may not be invoked by the party who has been the cause of it, and shall be presumed attributable to the publisher until the opposite is proved.
Article 71. Effects of the Contract Portuguese | Chinese
(1)The publishing contract shall not transfer any copyright to the publisher or authorize him to translate the work or to transform or adapt it to other genres or forms of use.
(2)Modernization of the spelling of the text according to the current official rules shall not be considered modification except where a deliberate choice has been made by the author with respect to spelling.
(3)Subject to the provisions of Article 83 or any provisions to the contrary, the publishing contract shall prevent the author from making or authorizing a new edition of the same work in the same language inside or outside the Territory until the previous edition is out of print or the period prescribed has expired, unless circumstances arise that prejudice interest in the edition and make revision or updating of the work necessary.
Article 72. Content of the Contract Portuguese | Chinese
(1)The publishing contract shall mention the number of editions concerned, the number of copies in each edition and the unitary public selling price, even approximate.
(2)Where the number of editions is not specified in the contract, the publisher may only produce one edition.
Article 73. Remuneration Portuguese | Chinese
(1) The publishing contract shall be presumed to be for consideration.
(2)The author's remuneration may consist of a lump sum payable for the edition as a whole, a percentage of the cover price of each copy, the allocation of a certain number of copies or a consideration based on some other criterion, according to the nature of the work, and a combination of those forms may be adopted.
(3)In the absence of any stipulation regarding the author's remuneration, he shall be entitled to 20 per cent of the cover price of each copy sold.
(4)Where there are two or more authors, the percentage referred to in the preceding paragraph shall be shared by them.
(5)Where the remuneration consists of a percentage of the sale price, its calculation shall take price rises and reductions into account, but the publisher may not, except as provided in Article 85, reduce that price without the author's consent unless he pays the author the remuneration corresponding to the original sale price.
Article 74. Obligations of the Author Portuguese | Chinese
(1) The author shall provide the publisher with the means necessary for fulfillment of the contract, in particular by handing over within the agreed period the original of the work to be published in a form that enables the publisher to reproduce it.
(2)The original referred to in the preceding paragraph shall be the property of the author and shall be returned to him on completion of publication.
(3) Where the author unjustifiably delays handing over the original so that the expectations of the publisher are jeopardized, the latter may terminate the contract without prejudice to any claim of compensation for losses and damages to which he may be entitled.
(4)The author is obliged to the guarantee the publisher's exercise of the rights under the publishing contract against any third party rights in the work, but not against impediments and disturbance attributable solely to third parties.
Article 75. Obligations of the Publisher Portuguese | Chinese
(1) The publisher is obliged to devote to the production of the edition such care as is necessary for the reproduction of the work in accordance with the agreed conditions, and to work assiduously and diligently on the promotion and marketing of the copies produced.
(2)In the absence of agreement to the contrary or grounds attributable to the author, the publisher shall complete the reproduction of the work within 12 months of receiving the original.
(3)Where the work is on a subject of topical interest or is such that any delay in publication detracts from its interest or topicality, the publisher shall be obliged to commence reproduction immediately and to complete it within such a period as will avoid the prejudice due to such a delay.
(4)The publisher shall identify the author on every copy in the manner chosen by the latter except where he wishes to remain anonymous.
Article 76. Proofs Portuguese | Chinese
(1)The publisher shall provide the author with a set of galley proofs, a set of page proofs and the draft cover design so that he may correct the layout of the pages and give his opinion on the draft cover design.
(2)The author shall have the right to make typographical corrections to the galley proofs or page proofs, and the cost thereof shall be borne by the publisher.
(3) Unless otherwise agreed, the cost of any corrections, amendments or additions to the text that are not justified by new circumstances shall be borne entirely by the publisher up to a limit of five per cent of the cost of typesetting, and by the author above that percentage.
(4)Under normal conditions, the author shall return the proofs within a period of 20 days and the draft cover design within a period of five days.
(5)Where the publisher or author delays in providing or returning the proofs, the party concerned may call upon the other party, by registered letter with acknowledgement of receipt, to provide or return the proofs, as the case may be, within a further, unrenewable period.
(6)Where either party fails to meet the deadline imposed on him under the preceding paragraph, the other may claim compensation for loss and damages caused by the delay in publication; where the delay is caused by the author, the publisher may choose publication on the basis of the revision undertaken by him.
Article 77. Printing Portuguese | Chinese
(1)Printing shall not be done without the author's consent, subject to paragraph (6) of the foregoing Article.
(2)The return of the page proofs and the draft cover design, unless accompanied by a declaration to the contrary, shall constitute authorization to print.
(3)Works shall not be brought on to the market without the author having inspected one copy thereof.
Article 78. Presentation of Accounts and Payment Portuguese | Chinese
(1)The author may demand payment of remuneration on completion of publication, unless otherwise agreed or where the chosen form of remuneration makes payment dependent on the subsequent situation, and in particular on the placing of all or some of the copies made on the market.
(2)Where the remuneration payable to the author depends on the result of sales or where payment is determined by sales development, the publisher shall submit accounts to the author within the agreed period, or every six months where none has been agreed, the reference dates being June 30 and December 31 of each year.
(3)For the purposes of the preceding paragraph, the publisher shall send the author, within 30 days of the end of the period, by registered letter, an account of sales and returns during the said period, together with the balance of payment.
Article 79. Author's Right of Inspection Portuguese | Chinese
(1)The author has the right to inspect, either in person or through his representatives, the number of copies published; to that end he may demand to examine the publisher's business papers or resort to another means that does not interfere with the production of copies, such as the placing of his signature or seal on each such copy.
(2)The author also has the right to inspect the premises on which the work is reproduced or copies are stored.
Article 80. Excess or Shortage of Copies Portuguese | Chinese
(1)Where the publisher produces fewer copies than agreed and refuses to complete the edition, the author has the right to contract a third party to produce the missing number of copies at the publisher's expense, without prejudice to the his right to compensation for losses and damages.
(2) Where the publisher produces more copies than agreed, the author may claim compensation for losses and damages or seek legal attachment of the surplus copies and take possession of them, the publisher having no right in that case to any compensation.
(3)Where the publisher has already sold either all or some of the surplus copies, that shall not prejudice the author's right to compensation.
Article 81. Re-editions Portuguese | Chinese
(1)Where the publisher has been authorized to publish several editions, the conditions laid down for the first edition shall apply to subsequent editions in case of doubt.
(2)Before undertaking a new edition, the publisher shall give the author the possibility of working on the text to make small corrections or refinements that do not constitute substantial amendment of the work.
(3)The author is entitled to additional remuneration if he agrees with the publisher on substantial amendments to the work, even where the price has been fixed as a lump sum for all editions.
(4)The publisher who is obliged to produce successive editions of a work shall produce them without interruption in such a way that copies are always available on the market.
Article 82. Future Works Portuguese | Chinese
(1)The provisions of Article 35 shall apply, mutatis mutandis, to publishing contracts relating to future works.
(2)Where the publication contract for future works has not specified the time limit for delivering the work to the publisher, he shall have the right to ask for it to be fixed by the court.
(3)The time limit laid down in the contract for delivering the work to the publisher may be extended by the court at the author's request if there are sufficient grounds for doing so.
(4)Where the work to which the contract relates is to be written as it is published in volumes or installments, the contract shall specify approximately the number and the length of the volumes or installments, with a margin of ten per cent more or less being allowed with respect to length unless otherwise agreed.
(5)The author who exceeds the limits specified in the preceding paragraph without the publisher's consent shall not have any right to additional remuneration, and the publisher may refuse to publish the additional volumes, installments or pages.
(6)Where the publisher exercise