Policy Statement
CEDIS recognizes the importance of intellectual property laws, including and not limited to copyright laws, both in their rights and obligations for creators and users, as essential to foster innovation, creativity, and the advancement of knowledge.
CEDIS commits to promote inclusive and sustainable access to scientific knowledge, in compliance and support of the human rights to education and enjoyment of scientific research.
This Copyright Policy is designed to establish guidelines for the protection, use, and management of copyrighted works within CEDIS.
Scope
This Copyright Policy applies to all employees, affiliated researchers, contractors, interns, volunteers, and anyone associated with CEDIS. It covers all copyrighted works created, used, or managed within the scope of any activity directly related to CEDIS.
Ownership of Intellectual Property
1. Research Output:
Authors retain the copyrights of their original research outputs, including and not limited to their scientific publications, reports, and other works, except when contractually agreed otherwise.
2. Employee-Created Works:
The ownership of copyrights by employees of CEDIS over works created during the course of their employment activities lies with CEDIS, unless otherwise agreed by way of employment or other specific contract.
3. Third-Party Works:
CEDIS promotes the respect of copyright ownership by third parties as a paramount ethical conduct. Employees, affiliated researchers, contractors, interns, volunteers, and anyone associated with CEDIS must ensure that any use of copyrighted works of third parties is permitted by law or otherwise authorized by the respective copyright holders, as illustrated in the Section below.
Use of Copyrighted Materials
1. Free and permitted uses:
In full compliance with the applicable laws, copyrighted works can be used without authorization from the respective right holders if such use falls under any of the statutory exceptions, particularly those provided for in Article 75 of the Portuguese Code on Copyright and Related Rights (CDADC), which include, among others:
- The quotation, summary, critical review, and partial incorporation, with clear indication of the author and source of the work (Art. 75(2)(h) and (i) CDADC);
- The reproduction of a work for private use only (Art. 75(2)(a) CDADC);
- The reproduction and communication to the public of works for non-commercial teaching purposes within the educational establishment and through a secure online environment, such as Moodle, with clear indication of the author and source of the work (Art. 75(2)(f) and (g) CDADC).
Any use permitted by law applies only in specific cases, which do not represent the normal market exploitation of the copyrighted work, and do not unreasonably prejudice the interest of the respective copyright holder.
2. Authorization by right holder and licensing:
In full compliance with the applicable copyright laws, if the use of a copyrighted work is not covered by any statutory exception, authorization from the respective copyright holder is required.
CEDIS can enter into licensing agreements to seek permission for the use of copyrighted materials. Employees, affiliated researchers, contractors, interns, volunteers, and anyone associated with CEDIS must strictly adhere to the terms and conditions specified in such agreements.
3. Use of CEDIS own copyrighted works:
Employees, affiliated researchers, contractors, interns, volunteers, and anyone associated with CEDIS can use works whose copyrights are fully owned by CEDIS for internal, non-commercial purposes.
The sharing of such works and any other uses thereof involving third parties require CEDIS authorization, unless covered by applicable statutory exceptions on free and permitted uses.
Monitoring and Enforcement of this Copyright Policy
The Head of Office of CEDIS is responsible for monitoring and enforcing this Copyright Policy.
Training and Assistance
CEDIS will provide training and ad hoc assistance to ensure that anyone affiliated with CEDIS is aware about their rights and obligations regarding the protection and use of copyrighted works.
Review and Revision
This Copyright Policy will be regularly reviewed and revised, with the advice of an intellectual property law scholar, as necessary to ensure its effectiveness and compliance with applicable laws and best practices.
Contact Information
For questions or concerns related to this Copyright Policy, please contact the Head of Office of CEDIS at cedis@novalaw.unl.pt.
This Copyright Policy fully complies with relevant intellectual property laws in the applicable international, EU, and Portuguese jurisdictions.