Selected year snapshot
For 2014, the active event in this file is Decreto-Legislativo n.º 1/2009 de 27 de Abril (Revisão da Lei do Direito de Autor).
20%
Current rationale
Decree-Law 1/2009 revised the Copyright Law and introduced a detailed chapter on free uses (Capítulo V, Arts. 44–56). The most permissive research-relevant exception is Article 46 (reproduction for private purposes), which permits reproduction of a work for exclusively private use subject to the three-step test. This covers reproduction of full works by any individual for private purposes (including private study and research). However, Article 46(2) explicitly excludes: (a) architectural works reproduced as constructions, (b) complete reprographic reproduction of out-of-print books, (c) complete reproduction of digital databases, and (d) computer programs (except as per Art. 52). The exclusion of complete reprographic reproduction of books (even if out of print) and digital databases means that full-work reproduction is NOT available for all types of works. Full-work reproduction IS available for some types (e.g., articles, musical works, audiovisual works for private viewing), but books and databases are carved out. This maps to ORANGE: full-work reproduction is permitted for at least some types of works but specific categories are excluded. The exception is limited to 'exclusively private use' (restricting users to individuals), which would normally suggest LIGHT BLUE, but the work-type exclusions are more restrictive in the hierarchy, yielding ORANGE. Article 47 (quotation/citation) permits short excerpts only — RED individually. Article 48 covers educational use (illustration for teaching). No provision permits sharing/communication of research copies. No TDM exception exists. The non-commercial restriction and three-step-test language are classification-neutral factors.
Exceptions considered
Reproduction for exclusively private use, subject to three-step test; excludes architectural works as constructions, complete reprographic reproduction of out-of-print books, complete reproduction of digital databases, and computer programs
Quotation/citation of short passages from lawfully published works for criticism, discussion, teaching, or similar purposes
Use for illustration for teaching purposes in educational establishments, to the extent justified by the non-commercial purpose
Specific exceptions for computer programs (backup copy, study of underlying ideas)
Law changes
Lei n.º 101/III/90 de 29 de Dezembro (Lei do Direito de Autor)
Baseline · Effective 1990-12-29
?
Relevant section: Arts. 45–55 (Capítulo V – Das utilizações livres)
Dates: Effective 1990-12-29 · Enacted 1990-12-29
Why this score
Law No. 101/III/90 of December 29, 1990 ('Copyright Law') was the copyright statute in force in Cabo Verde from its entry into force (late 1990) through 2009. The search results from WIPO Lex confirm its existence and that it was later revised by Decree-Law No. 1/2009. However, the full statutory text of Law No. 101/III/90 could not be retrieved via web search — no digitized version of the original 1990 law's exceptions and limitations provisions was found. The WIPO Lex entry for Decree-Law 1/2009 references the 1990 law but does not reproduce its text. Without the actual text of the exceptions provisions, the classification cannot be determined with confidence. The law was modeled on Portuguese copyright law traditions and likely contained private-use and quotation exceptions, but this cannot be verified from the statutory text itself.
Decreto-Legislativo n.º 1/2009 de 27 de Abril (Revisão da Lei do Direito de Autor)
Relevant update · Effective 2009-04-27
20%
Relevant section: Arts. 44–56 (Capítulo V – Das utilizações livres)
Dates: Effective 2009-04-27 · Enacted 2009-04-27
Why this score
Decree-Law 1/2009 revised the Copyright Law and introduced a detailed chapter on free uses (Capítulo V, Arts. 44–56). The most permissive research-relevant exception is Article 46 (reproduction for private purposes), which permits reproduction of a work for exclusively private use subject to the three-step test. This covers reproduction of full works by any individual for private purposes (including private study and research). However, Article 46(2) explicitly excludes: (a) architectural works reproduced as constructions, (b) complete reprographic reproduction of out-of-print books, (c) complete reproduction of digital databases, and (d) computer programs (except as per Art. 52). The exclusion of complete reprographic reproduction of books (even if out of print) and digital databases means that full-work reproduction is NOT available for all types of works. Full-work reproduction IS available for some types (e.g., articles, musical works, audiovisual works for private viewing), but books and databases are carved out. This maps to ORANGE: full-work reproduction is permitted for at least some types of works but specific categories are excluded. The exception is limited to 'exclusively private use' (restricting users to individuals), which would normally suggest LIGHT BLUE, but the work-type exclusions are more restrictive in the hierarchy, yielding ORANGE. Article 47 (quotation/citation) permits short excerpts only — RED individually. Article 48 covers educational use (illustration for teaching). No provision permits sharing/communication of research copies. No TDM exception exists. The non-commercial restriction and three-step-test language are classification-neutral factors.
Exceptions considered
Reproduction for exclusively private use, subject to three-step test; excludes architectural works as constructions, complete reprographic reproduction of out-of-print books, complete reproduction of digital databases, and computer programs
Quotation/citation of short passages from lawfully published works for criticism, discussion, teaching, or similar purposes
Use for illustration for teaching purposes in educational establishments, to the extent justified by the non-commercial purpose
Specific exceptions for computer programs (backup copy, study of underlying ideas)
Original text
Artigo 46.º (Reprodução para fins privados) 1. São lícitas, sem o consentimento do autor, as reproduções de uma obra para uso exclusivamente privado, desde que não atinjam a exploração normal da obra, nem causem prejuízo injustificado aos interesses legítimos do autor. 2. A licitude prevista no número anterior não se aplica: a) À reprodução de uma obra de arquitectura sob a forma de construção; b) À reprodução reprográfica integral de um livro que se encontre esgotado; c) À reprodução integral de bases de dados em formato digital; d) À reprodução de programas de computador, salvo nos casos previstos no artigo 52.º
English rendering
[Unofficial translation]: Article 46 (Reproduction for private purposes) 1. Reproductions of a work for exclusively private use are lawful, without the consent of the author, provided they do not affect the normal exploitation of the work, nor cause unjustified prejudice to the legitimate interests of the author. 2. The lawfulness provided for in the preceding paragraph does not apply to: a) The reproduction of a work of architecture in the form of construction; b) The complete reprographic reproduction of a book that is out of print; c) The complete reproduction of databases in digital format; d) The reproduction of computer programs, except in the cases provided for in Article 52.
Source links
Lei n.º 118/VIII/2016 de 24 de Março (Compensação equitativa pela cópia privada)
Relevant update · Effective 2016-03-24
20%
Dates: Effective 2016-03-24 · Enacted 2016-03-24
Why this score
Law No. 118/VIII/2016 of March 24, 2016 established a fair compensation (equitable remuneration) system for private copying in Cabo Verde. This law implements the levy/compensation mechanism for the private reproduction exception already established in Article 46 of Decree-Law 1/2009. It does not create new exceptions or limitations, nor does it modify the scope of existing exceptions. The introduction of a compensation scheme is a classification-neutral factor (equitable remuneration does not change the color). The underlying exceptions remain the same as under Decree-Law 1/2009, so the classification remains ORANGE for the same reasons.
Exceptions considered
Reproduction for exclusively private use, subject to three-step test; excludes architectural works, complete reprographic reproduction of out-of-print books, complete reproduction of digital databases, and computer programs
Quotation/citation of short passages
Use for illustration for teaching
Source links
Decreto-Legislativo n.º 1/2009 de 27 de Abril (Revisão da Lei do Direito de Autor), as supplemented by Lei n.º 118/VIII/2016
Current law confirmation · Effective 2025-01-01
20%
Relevant section: Arts. 44–56 (Capítulo V – Das utilizações livres), especially Art. 46
Dates: Effective 2025-01-01
Why this score
As of 2025, the copyright law in force in Cabo Verde is Decree-Law 1/2009 (revision of the Copyright Law), supplemented by Law 118/VIII/2016 (private copying levy). No further amendments to the exceptions and limitations provisions have been identified. The most permissive research-relevant exception remains Article 46 (reproduction for exclusively private use). Analysis across three dimensions: (1) Uses: reproduction only — no sharing, communication, or distribution is authorized; (2) Works: most types of works are covered, but complete reprographic reproduction of books (out of print), complete reproduction of digital databases, computer programs, and architectural works (as constructions) are excluded; (3) Users: restricted to individuals ('uso exclusivamente privado'). The work-type exclusions (particularly the exclusion of complete book reproduction and digital databases) are the most restrictive element, mapping to ORANGE. No TDM exception exists. No fair use or fair dealing clause exists. No general research exception exists beyond the private-use provision. No library/institutional exception for research copying was identified. The quotation exception (Art. 47) permits only short excerpts (RED). The educational exception (Art. 48) is limited to illustration for teaching (RED). Classification-neutral factors noted but not factored: non-commercial restriction implicit in 'private use,' three-step-test language in Art. 46(1), equitable remuneration under Law 118/VIII/2016.
Exceptions considered
Reproduction for exclusively private use, subject to three-step test; excludes architectural works as constructions, complete reprographic reproduction of out-of-print books, complete reproduction of digital databases, and computer programs
Quotation/citation of short passages from lawfully published works for criticism, discussion, teaching
Use for illustration for teaching in educational establishments
Specific exceptions for computer programs (backup copy, study of underlying ideas and principles)
Original text
Artigo 46.º (Reprodução para fins privados) 1. São lícitas, sem o consentimento do autor, as reproduções de uma obra para uso exclusivamente privado, desde que não atinjam a exploração normal da obra, nem causem prejuízo injustificado aos interesses legítimos do autor. 2. A licitude prevista no número anterior não se aplica: a) À reprodução de uma obra de arquitectura sob a forma de construção; b) À reprodução reprográfica integral de um livro que se encontre esgotado; c) À reprodução integral de bases de dados em formato digital; d) À reprodução de programas de computador, salvo nos casos previstos no artigo 52.º
English rendering
[Unofficial translation]: Article 46 (Reproduction for private purposes) 1. Reproductions of a work for exclusively private use are lawful, without the consent of the author, provided they do not affect the normal exploitation of the work, nor cause unjustified prejudice to the legitimate interests of the author. 2. The lawfulness provided for in the preceding paragraph does not apply to: a) The reproduction of a work of architecture in the form of construction; b) The complete reprographic reproduction of a book that is out of print; c) The complete reproduction of databases in digital format; d) The reproduction of computer programs, except in the cases provided for in Article 52.