Selected year snapshot
For 2024, the active event in this file is Lei n.º 5/2012 (Alteração ao regime do direito de autor e direitos conexos).
40%
Current rationale
Law 5/2012 amended Decree-Law 43/99/M to adapt it to information-society standards. The key changes relevant to research: (1) Art. 61(d) (formerly Art. 61(f)) was retained with identical substance — libraries, museums, documentation centres, and academic institutions may reproduce the whole or part of a published work for their own activities, not for the public. (2) A new Art. 61(e) was added permitting partial reproduction by educational establishments for teaching without profit. (3) A new Art. 61(f) was added permitting libraries, museums, documentation centres, scientific institutions, and educational establishments to make works in their collections available to the public through on-premises computer terminals or restricted computer networks, without profit. Art. 61(f) is significant because it adds a form of communication/making available, but it is restricted to on-premises terminals or restricted networks, and restricted to specified institutions. Art. 61(d) remains the most permissive for full-work reproduction for research: it permits reproduction of whole works but only by specified institutions. The new Art. 61(f) adds limited communication but only on-premises/restricted networks. The overall classification remains PURPLE because the most permissive exception for full-work reproduction is still restricted to institutions. Art. 60 (private reproduction excluding whole or substantial part) remains unchanged and is RED. The three-step test in Art. 62 was also amended but remains a limiting clause, not an enabling one. Classification-neutral factors (non-commercial restriction, lawful publication requirement) were not factored into the color.
Exceptions considered
Private reproduction for exclusive private use, excluding whole or substantial part of published work (unchanged from 1999)
Reproduction of extracts for criticism, discussion, or teaching (unchanged in substance)
Selection of extracts from various authors for teaching (unchanged in substance)
Fixation, reproduction and communication to the public of parts of works for current events reporting
Reproduction in whole or in part of a published work by libraries, museums, documentation centres, or academic institutions, not for the public, limited to institutional needs
Partial reproduction of a published work by educational establishments, without profit, exclusively for teaching purposes (new provision)
Making available to the public by libraries, museums, documentation centres, scientific institutions, or educational establishments of works in their collections through on-premises computer terminals or restricted computer networks, without profit (new provision)
Three-step test: free use must not prejudice normal exploitation or unreasonably prejudice author's legitimate interests
Quotation of parts of another's work in one's own commentary or annotations (amended but substance similar)
Law changes
Decreto-Lei n.º 46980, de 27 de Abril de 1966 (Código do Direito de Autor)
Baseline · Effective 1990-01-01
?
Dates: Effective 1990-01-01
Why this score
On 1990-01-01, copyright in Macao was governed by the Portuguese Decree-Law No. 46980 of 27 April 1966 (the 1966 Copyright Code), as extended to Macao and published in the Official Bulletin of 8 January 1972, with partial amendments by Law No. 4/85/M of 25 November 1985. The preamble of Decree-Law 43/99/M explicitly confirms this. However, I was unable to locate the full text of Decree-Law 46980/1966 as applied in Macao via web search, nor the text of Law 4/85/M. The 1966 Portuguese Copyright Code contained provisions on private use (reprodução para uso privado) that were generally limited to short excerpts ('pequenos trechos') and quotation rights. Without being able to verify the exact text in force in Macao on 1990-01-01, the classification is AMBIGUOUS. Based on the known structure of the 1966 Portuguese Code, the most research-relevant provisions would have been a private-use exception limited to short excerpts and a quotation right, which would suggest RED, but this cannot be confirmed from verified statutory text.
Exceptions considered
Private reproduction likely limited to short excerpts (pequenos trechos) based on known structure of Portuguese 1966 Copyright Code
Quotation right for criticism, discussion, teaching purposes
Decreto-Lei n.º 43/99/M, de 16 de Agosto (Regime do Direito de Autor e Direitos Conexos)
Relevant update · Effective 1999-08-16
40%
Relevant section: Art. 60, Art. 61, Art. 62, Art. 63
Dates: Effective 1999-08-16 · Enacted 1999-08-16
Why this score
Decree-Law 43/99/M replaced the 1966 Code entirely. The most research-relevant exceptions are: (1) Art. 60 — private reproduction, but explicitly excludes reproduction of the whole or a substantial part of a published work, making it RED on its own; (2) Art. 61(a) — reproduction of extracts for criticism, discussion, or teaching — limited to extracts, so RED; (3) Art. 61(b) — selection of extracts for teaching — limited to extracts, RED; (4) Art. 61(f) — reproduction of the whole or part of a published work by a library, museum, documentation centre, or academic institution, not for the public, limited to the institution's own needs. Art. 61(f) is the most permissive provision: it permits reproduction of full works, but only by specified institutions (libraries, museums, documentation centres, academic institutions), and only for their own activities, not for the public. This covers reproduction only (not communication/sharing to the public). The user restriction to institutions maps to PURPLE. The fact that it covers full works and all types of works means it is not ORANGE. It does not authorize sharing/communication, but the user restriction (institutions only) is the binding constraint. Classification-neutral factors: the non-profit nature of the institutional use and the three-step-test language in Art. 62 do not affect the color.
Exceptions considered
Private reproduction for exclusive private use, but explicitly excludes reproduction of the whole or a substantial part of a published work
Reproduction of extracts from works for criticism, discussion, or teaching, compatible with fair practice and justified by purpose
Selection and collection of extracts from various authors for teaching, non-profit, not prejudicing normal exploitation
Reproduction of the whole or part of a published work by libraries, museums, documentation centres, or academic institutions, not for the public, limited to institutional needs
Three-step test: free use must not prejudice normal exploitation or unreasonably prejudice author's legitimate interests; author identification required where possible
Quotation of parts of another's work in one's own commentary or annotations is lawful; reproduction of the whole work under pretext of commentary is not lawful
English rendering
[Unofficial translation — from WIPO Lex English version]: Article 60 — Private Reproduction — (1) The reproduction of a work for the exclusive private use of the person making the reproduction shall be lawful, provided that it does not prejudice the normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author. (2) The reproduction referred to in the preceding paragraph shall not extend to the reproduction of the whole or a substantial part of a published work. [...] Article 61 — Free Use — The following shall be lawful uses not requiring the consent of the author: (a) the reproduction of extracts from or summaries of works of any kind for the purposes of criticism, discussion or teaching, provided that the extent of the reproduction is compatible with fair practice and does not exceed the extent justified by the purpose; (b) the selection and collection of extracts from works of various authors for use in teaching, provided that the reproduction is not made for profit and does not prejudice the normal exploitation of the works; [...] (f) the reproduction of the whole or part of a published work by a library, museum, documentation centre or academic institution, where the reproduction is not made for the public but is limited to the needs of the activities of the institution concerned; [...] Article 63 — Commentary, Annotation and Discussion — (1) The reproduction of another person's work shall not be lawful on the pretext of commenting on or annotating it, but it shall be lawful to quote parts of another person's work in the course of publishing one's own commentary or annotations.
Source links
Lei n.º 5/2012 (Alteração ao regime do direito de autor e direitos conexos)
Relevant update · Effective 2012-04-11
40%
Relevant section: Art. 61, Art. 62
Dates: Effective 2012-04-11 · Enacted 2012-04-05
Why this score
Law 5/2012 amended Decree-Law 43/99/M to adapt it to information-society standards. The key changes relevant to research: (1) Art. 61(d) (formerly Art. 61(f)) was retained with identical substance — libraries, museums, documentation centres, and academic institutions may reproduce the whole or part of a published work for their own activities, not for the public. (2) A new Art. 61(e) was added permitting partial reproduction by educational establishments for teaching without profit. (3) A new Art. 61(f) was added permitting libraries, museums, documentation centres, scientific institutions, and educational establishments to make works in their collections available to the public through on-premises computer terminals or restricted computer networks, without profit. Art. 61(f) is significant because it adds a form of communication/making available, but it is restricted to on-premises terminals or restricted networks, and restricted to specified institutions. Art. 61(d) remains the most permissive for full-work reproduction for research: it permits reproduction of whole works but only by specified institutions. The new Art. 61(f) adds limited communication but only on-premises/restricted networks. The overall classification remains PURPLE because the most permissive exception for full-work reproduction is still restricted to institutions. Art. 60 (private reproduction excluding whole or substantial part) remains unchanged and is RED. The three-step test in Art. 62 was also amended but remains a limiting clause, not an enabling one. Classification-neutral factors (non-commercial restriction, lawful publication requirement) were not factored into the color.
Exceptions considered
Private reproduction for exclusive private use, excluding whole or substantial part of published work (unchanged from 1999)
Reproduction of extracts for criticism, discussion, or teaching (unchanged in substance)
Selection of extracts from various authors for teaching (unchanged in substance)
Fixation, reproduction and communication to the public of parts of works for current events reporting
Reproduction in whole or in part of a published work by libraries, museums, documentation centres, or academic institutions, not for the public, limited to institutional needs
Partial reproduction of a published work by educational establishments, without profit, exclusively for teaching purposes (new provision)
Making available to the public by libraries, museums, documentation centres, scientific institutions, or educational establishments of works in their collections through on-premises computer terminals or restricted computer networks, without profit (new provision)
Three-step test: free use must not prejudice normal exploitation or unreasonably prejudice author's legitimate interests
Quotation of parts of another's work in one's own commentary or annotations (amended but substance similar)
Original text
第六十一條 自由使用 下列情況屬合法使用，無須經作者同意：a）﹝…﹞；b）﹝…﹞；c）以任何方式固定、複製及向公眾傳播某些作品的若干部分，只要為達到時事報導的目的而將有關部分加插在時事報導內屬合理者；d）全部或部分複製某一已出版或發表的作品，只要此複製是由圖書館、博物館、文獻中心或學術機構進行，且並非為公眾而進行複製，而僅限於為有關機構本身活動所需者；e）部分複製某一已出版或發表的作品，只要此複製是由教學場所進行，並在無營利目的下專為該等教學場所的教學用途而進行複製；f）在無營利目的的情況下，由圖書館、博物館、文獻中心、科學機構或教學場所藉安裝於有關設施內的電腦終端機或進入受限制的電腦網絡，將其收藏的作品提供予公眾；
English rendering
[Unofficial translation]: Article 61 — Free Use — The following shall be lawful uses not requiring the consent of the author: (a) [...]; (b) [...]; (c) fixation, reproduction and communication to the public, by any means, of parts of certain works, provided that the inclusion of such parts in news reports is reasonable for the purpose of current events reporting; (d) reproduction in whole or in part of a published or disclosed work, provided that such reproduction is carried out by a library, museum, documentation centre or academic institution, and is not made for the public, but is limited to the needs of the activities of the institution concerned; (e) partial reproduction of a published or disclosed work, provided that such reproduction is carried out by an educational establishment, without profit-making purpose, exclusively for the teaching purposes of such establishment; (f) making available to the public, without profit-making purpose, by libraries, museums, documentation centres, scientific institutions or educational establishments, of works in their collections, through computer terminals installed on their premises or through restricted computer networks;
Source links
Decreto-Lei n.º 43/99/M, de 16 de Agosto, alterado pela Lei n.º 5/2012
Current law confirmation · Effective 2025-01-01
40%
Relevant section: Art. 60, Art. 61, Art. 62, Art. 63
Dates: Effective 2025-01-01
Why this score
As of 2025, the copyright law in force in Macao is Decree-Law 43/99/M as amended by Law 5/2012. No further amendments to the exceptions and limitations provisions have been identified. The most permissive exception relevant to research remains Art. 61(d): reproduction in whole or in part of a published work by libraries, museums, documentation centres, or academic institutions, limited to institutional needs and not for the public. This permits full-work reproduction but is restricted to specified institutions (PURPLE). Art. 61(f) adds limited making-available through on-premises terminals or restricted networks by the same types of institutions, also PURPLE. Art. 60 (private reproduction) explicitly excludes whole or substantial parts of published works (RED). Art. 61(a) and (b) are limited to extracts (RED). Art. 63 permits only quotation of parts (RED). There is no general fair use, fair dealing, or TDM exception. There is no exception open to all users for full-work reproduction. The three-step test in Art. 62 functions as a limiting clause, not an enabling one. Classification-neutral factors (non-commercial restriction in Art. 61(e)/(f), lawful publication requirement) were not factored into the color. The binding constraint is the user restriction to institutions, yielding PURPLE.
Exceptions considered
Private reproduction for exclusive private use, excluding whole or substantial part of published work
Reproduction of extracts for criticism, discussion, or teaching, compatible with fair practice
Selection of extracts from various authors for teaching, non-profit
Fixation, reproduction and communication of parts of works for current events reporting
Reproduction in whole or in part of a published work by libraries, museums, documentation centres, or academic institutions, not for the public, limited to institutional needs
Partial reproduction of a published work by educational establishments, without profit, exclusively for teaching
Making available to the public by libraries, museums, documentation centres, scientific institutions, or educational establishments of works in their collections through on-premises terminals or restricted networks, without profit
Three-step test limiting clause: free use must not prejudice normal exploitation or unreasonably prejudice author's legitimate interests
Quotation of parts of another's work in one's own commentary or annotations
Original text
第六十一條 自由使用 下列情況屬合法使用，無須經作者同意：a）﹝…﹞；b）﹝…﹞；c）以任何方式固定、複製及向公眾傳播某些作品的若干部分，只要為達到時事報導的目的而將有關部分加插在時事報導內屬合理者；d）全部或部分複製某一已出版或發表的作品，只要此複製是由圖書館、博物館、文獻中心或學術機構進行，且並非為公眾而進行複製，而僅限於為有關機構本身活動所需者；e）部分複製某一已出版或發表的作品，只要此複製是由教學場所進行，並在無營利目的下專為該等教學場所的教學用途而進行複製；f）在無營利目的的情況下，由圖書館、博物館、文獻中心、科學機構或教學場所藉安裝於有關設施內的電腦終端機或進入受限制的電腦網絡，將其收藏的作品提供予公眾；
English rendering
[Unofficial translation]: Article 61 — Free Use — The following shall be lawful uses not requiring the consent of the author: (a) [...]; (b) [...]; (c) fixation, reproduction and communication to the public, by any means, of parts of certain works, provided that the inclusion of such parts in news reports is reasonable for the purpose of current events reporting; (d) reproduction in whole or in part of a published or disclosed work, provided that such reproduction is carried out by a library, museum, documentation centre or academic institution, and is not made for the public, but is limited to the needs of the activities of the institution concerned; (e) partial reproduction of a published or disclosed work, provided that such reproduction is carried out by an educational establishment, without profit-making purpose, exclusively for the teaching purposes of such establishment; (f) making available to the public, without profit-making purpose, by libraries, museums, documentation centres, scientific institutions or educational establishments, of works in their collections, through computer terminals installed on their premises or through restricted computer networks;