Legal Alert | Transposition of Directives (EU) 2019/789 and 2019/790 into Portuguese law

The decree-laws transposing Directives (EU) 2019/789 and 2019/790 have finally been published, with a delay of two years in relation to the deadlines set in the European texts.

Decree-Law no. 46/2023, which transposes Directive (EU) 2019/789, was published today, 19 June 2023, in Diário da Républica, and will enter into force on the day following its publication (i.e., 20 June 2023). This new law sets out rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes.

Likewise, Decree-Law no. 47/2023, which transposes Directive (EU) 2019/790 on copyright and related rights in the digital single market, was also published today, 19 June 2023, and comes into force 15 days after its publication (i.e. on 4 July 2023).

The new laws bring about several key changes to the protection of copyright and related rights in the digital marketplace, and to certain online transmissions by broadcasters and the retransmission of television and radio programmes.

Morais Leitão has been following this long legislative process and has produced several commentaries which can be accessed here and here. The publication of the final texts will now allow a deeper analysis and the intellectual property team of Morais Leitão is at the disposal of its clients to provide all necessary information on this new paradigm of copyright and related rights.