PRIMARY SOURCES

ON COPYRIGHT

(1450-1900)

Seabra Civil Code, 1867, Lisbon (1867)

Source: Biblioteca Nacional de Portugal, Lisbon, Portugal

Citation:
Seabra Civil Code, 1867, Lisbon (1867), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org

Back | Record | Images | No Commentaries
Record-ID: pt_1867

Permanent link: https://copyrighthistory.org/cam/tools/request/showRecord.php?id=record_pt_1867

Full title:
Portuguese Civil Code, approved by Law 1st July 1867

Full title original language:
Código Civil Português, aprovado por Carta de Lei de 1 de Julho de 1867

Abstract:
In 1867 copyright provisions were inserted in the Civil Code drafted by the Viscount of Seabra. The Seabra Code devoted one chapter to «Literary and Artistic Works», ruling that «literary property is considered and governed like any other movable property and the right to publish or authorise the publication of a work lasted for a period of life plus fifty.» It was noted in the literature that an author had a triple right: a property right in the physical material that embodied the work, an exclusive right to reproduce the work, and a moral right to the integrity of the work (Viscount of Carnaxide, Tratado da Propriedade Literária e Artística, Porto, Renascença Portuguesa, 1918, pp.425, et seq). There were provisions within the Civil Code that protected the moral interests of creators. For example, art.574 of the Civil Code, prohibited the publication of a work without the authorisation of the respective author; art.588 gave the author of a work, as well as his heirs, the right to prevent modifications of the work or of its title and to demand that the creator of the work be identified as its author; and art.588 set out that, generally, those (moral) prerogatives remained with the author independently of the author’s economic rights and even after the transfer of said rights. By Patricia Akester

Commentary: No commentaries for this record.

Bibliography:
N/A

Related documents in this database:
N/A

Author: Viscount of Seabra

Publisher: N/A

Year: 1867

Location: Lisbon

Language: Portuguese

Source: Biblioteca Nacional de Portugal, Lisbon, Portugal

Persons referred to:
empty

Places referred to:
N/A

Cases referred to:
N/A

Institutions referred to:
N/A

Legislation:
Seabra Civil Code, 1867

Keywords:
N/A

Responsible editor: Patricia Akester & Victor Drummond



Copyright History resource developed in partnership with:


Our Partners


Copyright statement

You may copy and distribute the translations and commentaries in this resource, or parts of such translations and commentaries, in any medium, for non-commercial purposes as long as the authorship of the commentaries and translations is acknowledged, and you indicate the source as Bently & Kretschmer (eds), Primary Sources on Copyright (1450-1900) (www.copyrighthistory.org).

With the exception of commentaries that are available under a CC-BY licence (compliant with UKRI policy) you may not publish individual documents or parts of the database for any commercial purposes, including charging a fee for providing access to these documents via a network. This licence does not affect your statutory rights of fair dealing.

Although the original documents in this database are in the public domain, we are unable to grant you the right to reproduce or duplicate some of these documents in so far as the images or scans are protected by copyright or we have only been able to reproduce them here by giving contractual undertakings. For the status of any particular images, please consult the information relating to copyright in the bibliographic records.


Primary Sources on Copyright (1450-1900) is co-published by Faculty of Law, University of Cambridge, 10 West Road, Cambridge CB3 9DZ, UK and CREATe, School of Law, University of Glasgow, 10 The Square, Glasgow G12 8QQ, UK