On 27 November the Portuguese Council of Ministers approved a draft law on permitted uses regarding works and other materials protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print-disabled.
The law implements Directive (EU) 2017/1564 which adopts the Marrakesh Treaty in the EU law. The Marrakesh Treaty is a WIPO administered treaty that improves the availability and cross-border exchange of certain works and other protected subject matter in accessible formats for persons who are blind, visually impaired or otherwise print-disabled. Essentially the treaty requires rules establishing exceptions for uses, works and beneficiary persons covered by that treaty.
Surprisingly the EU Commission had initiated proceedings for infringement against 17 Member States, including Portugal, for non-compliance with the said Directive on 26 November just one day earlier.
The new and still unpublished law further decriminalizes the unauthorized public communication of commercially edited phonograms and videograms in Portugal. The decriminalization goes along with the creation of an alternative regime of fines of administrative nature for encouraging a speedy restoration of legality. Apparently the decriminalization follows a consensus existing among the most representative associations of users and the majority of the entities that represent the right holders.