Seabra Civil Code, 1867, Lisbon (1867)

Source: Biblioteca Nacional de Portugal, Lisbon, Portugal

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

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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

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

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Author: Viscount of Seabra

Publisher: N/A

Year: 1867

Location: Lisbon

Language: Portuguese

Source: Biblioteca Nacional de Portugal, Lisbon, Portugal

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Seabra Civil Code, 1867


Responsible editor: Patricia Akester & Victor Drummond

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