PRIMARY SOURCES

ON COPYRIGHT

(1450-1900)

Constitution of 1838, Lisbon (1838)

Source: Torre do Tombo, Lisbon, Portugal

Citation:
Constitution of 1838, Lisbon (1838), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org

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Record-ID: pt_1838

Permanent link: https://copyrighthistory.org/cam/tools/request/showRecord.php?id=record_pt_1838

Full title:
Constitution of 1838

Full title original language:
Carta Constitucional da Monaquia Portuguesa

Abstract:
Historically, the success of the liberal faction brought with it another constitution (1838). This was the third Portuguese Constitution. The Constitution of 1838 granted writers a property right in their writings, in a manner and for the duration established by law (Constitution of 1838, art.23 s.4). This law would not emerge, however, until 1851. Note: The Constitutions of 1911 and 1933, did not establish an imperative of legal protection for intellectual creators. This was corrected by the Constitution of 1976, which states, in art.42: «(1) Intellectual, artistic, and scientific creation are unrestricted. (2) This freedom includes the right to invention, production, and dissemination of scientific, literary, or artistic works, including legal protection of copyright». By Patricia Akester

Commentary: No commentaries for this record.

Bibliography:
N/A

Related documents in this database:
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Author: Parliament

Publisher: L. Thomson, London

Year: 1838

Location: Lisbon

Language: Portuguese

Source: Torre do Tombo, Lisbon, Portugal

Persons referred to:
empty

Places referred to:
N/A

Cases referred to:
N/A

Institutions referred to:
Queen D. Maria II

Legislation:
Constitution of 1838

Keywords:
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Responsible editor: Patricia Akester & Victor Drummond


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