IP/N/1/CPV/C/1  
 
13 February 2013  
(13-0730)  Page: 1/34  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English/anglais/inglés  
  
 MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
CAPE
 VERDE 
 This document reproduces the text1 of Decree-Law No. 1/2009 revising the law on 
Copyright , as notified by Cape Verde on 31 Janua ry 2013 under Article 63.2 of the Agreement 
(see document IP/N/1/CPV/2). 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
CAP-VERT 
 Le présent document contient le texte1 du Décret-loi n° 1/2009 portant révision de la 
Loi sur le droit d'auteur , notifié par le Cap-Vert le 31 janvier 2013 au titre de l'article 63:2 de 
l'Accord (voir le document IP/N/1/CPV/2).  
Consejo de los Aspectos de los Derechos de Propiedad Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
CABO
 VERDE 
 En el presente documento se reproduce el texto1 del Decreto Ley N  1/2009  de revisión 
de la Ley de Derecho de Autor, notificado por el Cabo Verde el 31 de enero de 2013 en virtud de lo 
dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/CPV/2).  
 
                                               
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/CPV/C/1 
 
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Monday, April 27, 2009   
I Series 
Issue 17  
  
 
 
 
OFFICIAL JOURNAL  
S U P PL E M E NT  
 
  
 
SUMMARY  
COUNCIL OF MINISTERS:  
Decree-Law No. 1/2009:  
Revises Law on Copyright  
COUNCIL OF MINISTERS    Decree-Law No.  1/2009   
    of April  27  
 
 
  
 IP/N/1/CPV/C/1 
 
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 Legal protection of intellectual works is a 
pillar of sustainable development in modern 
society. One of the conditions for the achievement of a civilization based on 
knowledge, creativity and innovation is the 
provision of incentives for creators of culture and the agents and entities who or which, on 
a daily basis through their work, give life to 
so-called " cultural industries ".  
 The creation of a legal system which defines 
the protection of copyright and related rights 
concerns a vast group of interested parties, ranging from authors to consumers.  
 
Thus, the legislature of Cape Verde has provided, since 1990, for the regulation of 
matters relating to these rights, through a 
code of its own, which incorporates the principal existing guidelines, at this time, in relation to comparative law and international 
conventions and treaties.  
 It was in this context that Law No. 101/III/90 
of December 29, known as "Copyright Law" 
was approved ( and published in Official 
Journal No. 52 of December 29, 1990, 3rd 
Supplement ).  
 This revision of the Law on Copyright referred to above, aims to adapt the Law to 
the Agreement on Trade-Related Aspects of 
Intellectual Property Rights (TRIPS), which in turn constitutes Annex IV of the Agreement 
establishing the World Trade Organization 
(WTO).   
This adaptation is framed within the process 
of the Republic of Cape Verde's accession to that Organization in an attempt to transpose the provisions of that Agreement into the 
national legal code of Cape Verde.  
 There is recognition in the TRIPS Agreement 
of the need to modify, in depth, multiple 
aspects of the regulation of Intellectual Property, which includes copyright and 
related rights, by virtue of the accelerated 
changes brought about by the constant innovation produced in the area of information technologies and the challenges 
created by the interdependence of societies, 
States and international organizations.   
The aim of that Agreement is to guarantee 
that, in all Member States, adequate standards for the protection of intellectual 
property are applied. These norms are based 
on the fundamental obligations stated by the World Intellectual Property Organization  
(WIPO) and in the different Conventions related to intellectual property rights (the 
Paris Convention for the Protection of 
Industrial Property, the Berne Convention for the Protection of Literary and Artistic Works, 
the Rome Convention for the Protection of 
Performers, Producers of Phonograms and Broadcasting Organizations and the 
Washington Treaty on Intellectual Property in 
respect of Integrated Circuits).   Numerous new standards, or more rigorous 
standards, were introduced by this 
Agreement in areas not covered, or insufficiently covered, by Conventions 
previously in existence.  
 As regards copyright, under the terms of the 
Agreement, WTO Member States must 
observe the basic provisions of the Berne Convention for the Protection of Literary and Artistic Works, and computer programs shall 
be protected as literary works.  
 In the area of rental rights, the authors of 
computer programs and the producers of 
sound recordings may authorize or prohibit the commercial rental of the respective 
works to the public.  
 A similar exclusive right is applicable to cinematographic works.  
 
The Agreement proposes to reduce distortions and barriers to international 
trade, taking into account the need to 
promote effective and adequate protection of intellectual property rights, in general, and of 
authors in particular, and to ensure that the 
measures aimed at ensuring compliance do not, in turn, become barriers to legitimate trade.  
 
That being so, the relevance of the Agreement lies in the exclusive power of 
economic exploitation of the work, 
performance or production of any type. That power defines the economic nature of 
copyright.  
 It is that economic right which is the subject of this review of the Law on Copyright.  
 
The complete incorporation of the principles and standards established in the Agreement 
in national legislation requires time to come 
to fruition, which is incompatible, in part, with the reality, urgency and contexts of 
technical policy decisions of each country.  
 That is the case in Cape Verde.   IP/N/1/CPV/C/1 
 
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 That is why, the less ambitious option to 
proceed with the revision of legislation 
relating to copyright, attempts to meet the need to introduce the necessary legislative 
changes to the body of our legal framework, 
through the adoption of a minimum standard of amendments, aiming to ensure the exact 
and necessary compatibility of Cape Verdean 
legislation with international legislation.  
 
This revision aims to build a system of legal 
protection for works, performances and 
productions, which is effective and covered by copyright, based on a high level of 
protection, thus allowing the creation of the 
basic conditions for the development, on a national scale, of cultural activities - works, 
performances and products  - and of the 
respective agents, providing an incentive for 
the creation, production, trade and technological developments linked to the 
market for so-called " cultural industries ".  
 Thus:  
 
Under the legislative authorization granted by Law No. 36/VII/2009 of March 2;   
pursuant to the powers granted by 
subparagraph (b) of paragraph 2 of Article 203 of the Constitution, the 
Government decrees the following:  IP/N/1/CPV/C/1 
 
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 TITLE I 
 
GENERAL  PROVISIONS  
 
CHAPTER 1 
 
Purpose and  definitions  
 
Article 1 
 
Purpose  
 
The purpose of this Law shall be to protect literary, artistic and scientific works and the 
rights of the respective authors, performers, 
producers of phonograms and videograms and broadcasting organizations, and to 
stimulate the creation and production of 
intellectual work in the fields of literature, art and science.  
 
Article 2 
 
Scope 
 
This Code shall apply to:   (a) all literary, artistic and scientific works, whose authors are citizens of Cape Verde, or 
who have their usual residence in the 
territory of the Repub lic of Cape Verde;  
 
(b) works published for the first time in the 
territory of the Republic of Cape Verde, whatever the nationality and country of 
residence of the author;  
 (c) the works of foreign authors not resident in the territory of the Republic of Cape Verde, 
published after the entry into force of this 
Law, in accordance with the obligations derived from the international conventions to 
which the Republic of Cape Verde has 
acceded or will accede, or if reciprocity is ascertained with regard to the protection of 
Cape Verdean authors' works in the 
respective countries;   (d) works eligible for protection under an 
international agreement to which Cape Verde 
is party.   
Article 3 
 
Nature of  protection  
 
1. The acquisition of copyright and related rights shall be independent of any formality, deposit or registration, as well as the type, 
form of expression, content, merit, purpose or method of use of the works to which it is 
applied, without prejudice to the provisions 
of Article 23.   
2. Copyright in a work shall be independent 
of the rights of ownership in the material objects which act as a support or vehicle for 
its use and the industrial property rights 
which may exist in the work.  
 
Article 4 
 
Limitations  
 
The rights which this Law recognizes for 
authors of literary, artistic and scientific works, performers, producers of phonograms 
and videograms and broadcasting 
organizations must be exercised in accordance with the higher objectives and interests of the Republic of Cape Verde and 
the underlying principles, and with the social 
need for a broad dissemination of these works.  
 
Article 5 
 
Definition  of copyright  
 
1. Copyright is defined as the exclusive right 
of authors of literary, artistic and scientific 
works to enjoy, use and exploit such works 
or to authorize their enjoyment, use or exploitation by third parties, either in whole 
or in part, within the terms and limitations of 
this Law.   2. Copyright shall comprise economic rights 
and personal rights, the latter being known 
as moral rights.   
3. Economic rights shall be transferable by all 
means allowed in law, and moral rights may only be limited by the terms of this Law.  
 
Article 6 
 
Other definitions  
 
The following are defini tions for the purposes 
of this Law:  
 
(a) "Work" - intellectual creation in the literary, artistic and scientific fields, whatever 
their form of expression which is protected as 
such in the terms of this Law, including therein the protection of the rights of the respective authors;  
 
(b) "Published work" - that which is made available to the public with the consent of the IP/N/1/CPV/C/1 
 
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 author, whatever the method of reproduction 
or production of the respective copies;  
 (c) "Work published for the first time" - work 
whose first publication was in the Republic of 
Cape Verde or which, published for the first time in a foreign country, was also published 
in the Republic of Cape Verde within 60 days 
of that publication;   (d) "Work of joint authorship" - that which 
was created by a number of persons, 
whether it is possible or not to distinguish their individual contributions;  
 
(e) "Collective work" - that which was organized at the initiative and under the 
responsibility of a single or collective entity 
and in whose name it is published;   (f) "Composite work" - that which 
incorporates all or part of a pre-existing work 
with the consent, but without the collaboration, of its author;  
 
(g) "Audiovisual works" - those which consist of the recording of sounds, images or sounds 
and images on a sufficiently stable and 
durable material carrier to allow them to be viewed, reproduced or communicated in any non-ephemeral way;  
 
(h) "Broadcast works" - those which were created in accordance with the special 
conditions of use for audio or visual 
broadcasting, as well as adaptations for those communication media of works 
originally created for another form of use;  
 (i) "Works of folklore" - body of works created within the territory of the Republic of 
Cape Verde by anonymous authors or those 
whose identity is unknown, passed down by successive generations and which constitute 
one of the fundamental elements of the 
cultural and traditional heritage of Cape Verde;  
 
(j) "Public communication" - act by which a literary, artistic or scientific work is made accessible to the public, whatever the 
medium used, as long as it is not the 
distribution of copies;   
(k) "Performance" - act by which a dramatic, 
dramatico-musical, choreographic or musical work, with or without words, is performed, 
executed or recited in public by whatever 
means.   (l) "Reproduction" - the making of one or 
several copies of a literary, artistic or 
scientific work, in whole or in part, on any form of material and by whatever means, 
including graphic editions and audio or visual 
recordings, which allow indirect communication with the public;  
 
(m) "Broadcasting" - the dissemination of sounds, images or sounds and images, by means of radio-electric waves, wire, cable or 
satellite, for the purpose of reception by the 
public in general ;   
(n) "Distribution" - act of making available to 
the public, directly or indirectly, a significant quantity of works, phonograms or 
videograms, for sale, hire or loan;  
 (o) "Computer program" - a sequential set of data and instructions for computer 
processing with the aim of producing a 
defined result, including the respective description, logorithm and secondary 
documentation;  
 (p) "Database" - a compilation of works, data 
or other independent elements, 
systematically or methodically arranged and individually accessible by electronic or other means;  
 
(q) "Country of origin" - country where the first publication of the work took place, in 
accordance with subparagraph (b) above;  
 (r) "Related right" - the legal protection 
guaranteed to performers, producers of 
phonograms and videograms and broadcasting organizations for their services.   
Article 7 
 
Original  works  
 
1. Original works in literary, artistic and scientific fields shall be the subject of 
copyright.  
 2. Subsequent editions of a work, even though they are corrected, enlarged, revised, 
or their titles or format are changed, shall 
not constitute works distinct from the original work, nor shall reproductions of works of art, 
even though their dimensions may have been 
changed.   
3. The existence of a work shall be 
independent of its publication, dissemination, communication, use or exploitation in whatever form.  IP/N/1/CPV/C/1 
 
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4. The following works, among others, shall 
be the subject of copyright:   
(a) books, pamphlets, magazines, 
newspapers and other writings;   
(b) lectures, lessons, addresses, sermons 
and similar works, both written and oral;   (c) dramatic and dramatico-musical works;  
 
(d) musical compositions, with or without words;  
 
(e) choreographic works, circus acts and mimes, irrespective of whether they are 
expressed in written or any other form;  
 (f) audiovisual works, including cinematographic, videographic, radiophonic 
and television works;  
 (g) three-dimensional works of art, including 
works of architecture, painting, drawing, 
engraving, sculpture, ceramics, glazed tiles, tapestry and lithography;  
 
(h) photographic works or works produced by processes analogous to photography;   
(i) works of applied art, whether crafts or 
made through industrial processes;   
(j) works of design that constitute artistic 
creations, whether or not protected by industrial property;  
 
(k) illustrations, maps, plans, sketches and three-dimensional works concerning architecture, town planning, geography, 
topography or other sciences;  
 (l) computer programs;  
 
(m) works of folklore.   
Article 8 
 
Derived  works  
 
In addition to original works, the following 
shall also be protected, without prejudice to the rights of the authors of original works:  
 
(a) translations, adaptations, arrangements, orchestrations and other alterations of any work, even if it is not subject to protection or 
may be freely used;  
 (b) compilations of works, protected or not, 
such as anthologies, encyclopedias, 
dictionaries, compendia and databases, which through the selection or composition of 
the subjects are intellectual creations;  
 (c) systematic or annotated compilations of 
texts of conventions, laws, regulations or 
administrative rulings, or whatever bodies or authorities of the State or Administration;   
(d) works inspired by national folklore.  
 
Article 9 
 
Titles  of works  
 
Protection granted to literary, artistic and 
scientific works shall extend to their titles, as long as they are original, and may not be confused with any other work previously 
published, and that they do not consist of a 
generic, necessary or habitual designation of the subject matter in them or the name of 
historical, literary or mythological figures.  
 
Article 10 
 
Works  not protected  
 The following may not be protected:  
 
(a) news of the day and reports of different events given simply for information, however 
disclosed:  
 (b) laws and rulings of judicial and 
administrative bodies, as well as petitions, 
allegations, complaints and other texts submitted to public authorities or services;   
(c) political speeches, except when 
assembled in a volume by their authors;   
(d) simple facts and data;  
 (e) ideas, processes, systems, operational 
methods, concerts, principles or discoveries, 
in themselves and as such.   
CHAPTER II 
 
Ownership  of copyright  
 
Article 11 
 
General  rule 
 
1. Except in the case of contrary legal 
provision or express agreement, with IP/N/1/CPV/C/1 
 
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 particular proviso for moral rights, the 
ownership of copyright shall belong to the 
natural person or persons who created the work, with those under whose name or 
pseudonym they were published or 
communicated to the public considered as such, whatever the media used for its 
communication.  
 
2. The entity which has only subsidized the 
publication, reproduction or conclusion of a 
work, even if for reasons of public interest, 
shall not acquire the capacity of author or any rights over the work, except in the case 
of legal provision or written agreement to the 
contrary.   3. The fact that the work is carried out on 
commission or on behalf of another person, 
either in fulfillment of official duties or under an employment contract, shall not exclude 
the capacity of author and rights in the work.  
 
Article 12 
 
Works  of joint authorship  
 1. Except in the case of express agreement 
to the contrary, copyright for a work of joint 
authorship, as a whole, shall belong jointly to all those who participated in its creation, the 
individual contributions of each deemed of 
equal value, and the joint exercise of copyright shall be subject to the regulations 
governing joint ownership.  
 2. Without prejudice to use of the work of joint authorship, any of the authors may 
exercise his rights related to his individual 
contribution provided that such contribution can be distinguished.  
 
Article 13 
 
Collective works 
 
1. Copyright in a collective work shall belong 
to the single or collective entity that has 
organized and directed its creation and in 
whose name the work has been disclosed or published.   
2. Where it is possible to distinguish the 
individual contributions of some or all of the authors in a collective work, the provisions 
on individual contributions to works of joint 
authorship cited in paragraph 2 of Article 12 shall apply.  
 
3. Newspapers and other periodicals shall be deemed to be collective works and copyright therein shall belong to the respective owners 
or publishers.  
 
Article 14 
 
Composite works  
 
The rights pertaining to a composite work 
shall belong exclusively to its author, without 
prejudice to the rights of the author(s) of the pre-existing works incorporated therein.  
 
Article 15 
 
Works  of folklore  
 
1. Ownership of copyright in works of Cape 
Verdean folklore shall belong to the State, which shall exercise it through the Government department responsible for the 
culture sector, without prejudice to the rights 
of those who collected, transcribed, arranged or translated them, as long as those 
collections, transcripts, arrangements or 
translations are original and respect authenticity.   
2. Copies of Cape Verdean folklore works as 
well as the respective transcripts, translations, arrangements or other 
alterations, reproduced or carried out abroad 
without the authorization of the competent authority, may only be imported or 
distributed in the territory of the Republic of 
Cape Verde by authorization of the government department responsible for culture.  
 
Article 16 
 
Audiovisual  works  
 
1 .  T h e  c a p a c i t y  o f  a u t h o r  o f  a n  a u d i o v i s u a l  
work shall fall to the natural person or 
persons who carry out the intellectual 
creation of that work.   2. The following shall be deemed co-authors 
of an audiovisual work made in collaboration, 
except in the case of stipulation or agreement to the contrary:  
 
(a) the director;   
(b) the author of the script and the 
dialogues;   IP/N/1/CPV/C/1 
 
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 (c) the author of musical compositions, with 
or without words, specially made for the 
work;   
3. The authors of pre-existing works, 
adapted for or used in audiovisual works shall be deemed as co-authors.  
 
4. Unless otherwise stipulated, the contract concluded between the producer of an audiovisual work and the co-authors of that 
work, shall imply, with regard to the 
contributions thereof, a transfer to the producer of the respective economic rights 
and of their contributions.  
 5. The authors shall preserve, except in the case of a stipulation or agreement to the 
contrary, their economic rights in other uses 
of their contributions, to the extent that they may be used separately from the audiovisual 
work.  
 6. The provisions of Article 14 shall apply to 
the rights of authors of other works, within 
the audiovisual work, who are not considered co-authors under the terms of this Article.   
7. The following shall also be considered co-
authors of cartoons:   
( a )  t h e  a u t h o r  o f  d r a w i n g s  u s e d  i n  a n  
audiovisual work;   
(b) the director of an audiovisual work with 
drawings.  
 
Article 17 
 
Works  of architecture,  town  planning  
and design  
 
The creator of the overall concept and the 
relevant project shall be the owner of copyright in works of architecture, town 
planning and design.  
 
Article 18 
 
Broadcast  works  
 
1. The authors of the text, music and 
respective production of a broadcast work, 
considered to be a work of joint authorship, 
as well as the authors of the adaptation of a work not originally produced for audiovisual communication purposes, shall be deemed to 
be the joint authors.   
2. The provisions of the preceding Article on 
audiovisual works, with the necessary adaptations, shall apply to the authorship of 
broadcast works.  
 
Article 19 
 
Technical  collaborators  
 
Without prejudice to related rights which 
they may own, single or collective entities 
acting as collaborators, technical agents, 
designers, constructors or in other similar capacities in the production and disclosure of 
the works referred to in Articles 16 et seq. 
may not claim any of the rights related to copyright in respect of these works.  
 
Article 20 
 
Special  cases  
 
1 .  E x c e p t  i n  t h e  c a s e  o f  a n  e x p r e s s  agreement to the contrary, and with a 
proviso for moral rights, the ownership of 
copyright in works created within a work contract, or in the provision of a service or the exercise of an official duty, shall belong 
to the single or collective entity responsible 
for its production.   
2. Notwithstanding the provision of 
paragraph 1, the author shall have the right to remuneration for the uses of these works 
which exceed the scope of the contract or the 
purpose for which they were created.   3. This Article shall also apply to computer 
programs and their documentation.  
 
Article 21 
 
Identification  of the author  
 
1. The author may indicate his authorship 
either by using his own name in full or in part, his initials, a pseudonym, a heteronym or any other conventional symbol.  
 
2. The use of a literary, artistic or scientific name liable to be confused with another 
name previously used to identify the author 
of a disclosed or published work, or the use of names of figures well-known in history, 
literature, the arts or science, shall not be 
permitted.   IP/N/1/CPV/C/1 
 
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 Article 22 
 
Anonymous  author 
 
1. Rights related to a work published without 
an indication of the name of the respective 
author, but with his consent, shall be exercised, as long as his identity is not made 
public, by the single or collective entity which 
oversaw the editing and/or publication of the work.  
 
2. The disclosure of the civil identity of the work's author may be made by a will, in addition to other legally stipulated methods, 
and rights previously acquired by third 
parties may be maintained in any way.   
CHAPTER III 
 
Registration  
 
Article 23 
 
General  rule 
 
1. The protection of copyright and related rights shall not be dependent on registration, except in terms of the provisions of the 
following paragraph.  
 2. The registration of the following shall 
determine the effectiveness of legal 
protection:   
(a) the title of the unpublished work;  
 (b) the titles of newspapers and other periodicals.  
 
Article 24 
 
Conditions  of registration  
 Regulation of the organization of the services 
and conditions of registration shall be the 
responsibility of the Government department responsible for culture.  
 
CHAPTER IV 
 
Duration  of rights  and public domain  
 
Article 25 
 
General  rule 
 
1. The duration of protection granted by this 
Law to an author relating to the economic exploitation of a literary, artistic and 
scientific work shall be for the lifetime of the 
author plus 50 years following his death, even if it is a posthumous work, without 
prejudice to the provisions of Article 30.  
 
2. If the legislation of a foreign country 
assigns a different duration for copyright to 
that set in paragraph 1, the duration of 
protection claimed in the territory of the Republic of Cape Verde for any work 
originating in that country shall be that 
established in paragraph 1 if it does not exceed that set in the law of the country of 
origin of that work.  
 
Article 26 
 
Joint  authorship  or collective works  
 
1. Copyright in works of joint authorship as 
such shall lapse 50 years after the death of the last surviving author.  
 
2. Copyright in collective works shall lapse 50 years after the first disclosure or 
publication of the works.  
 3. Copyright related to the individual 
contributions of authors in a work of joint 
authorship or collective work shall lapse 50 years after the death of the author.   
4. If the collective work belongs to a single 
entity, copyright shall extend for the lifetime of the author plus 50 years following his 
death.  
 5. In the case of intra vivos  transfer by act or 
of alienation in executive proceedings, the 
period of 50 years shall commence in relation to the events of the transfer or alienation.   
Article 27 
 
Posthumous  works  
 
1. The duration of protection of posthumous works, to the benefit of heirs and other 
successors of the author, shall be 50 years 
following the author's death.   2. If the posthumous work were disclosed 
after the end of this period, the exclusive 
right shall be of 25 years' duration.   
3. If disclosure takes place during the period 
provided for in the previous paragraph, the right shall belong to the single or collective IP/N/1/CPV/C/1 
 
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 entity which published or disclosed the work 
in any form.  
 4. Except where they constitute a fragment 
of a work previously published, posthumous 
works must be the subject of a separate publication, and may not be attached to 
other works of the same author previously 
published, unless the owners of the copyright are also the holders of the exploitation rights.  
 
Article 28 
 
Anonymous  works  
 
1. Copyright in works published anonymously 
shall lapse 50 years after their disclosure or publication, starting from the first day of January of the calendar year following that in 
which the work was published beginning from 
the end of the calendar year in which it took place.  
 
2. The date of publication shall be determined by any form of proof of joint 
right, and by the legal deposition.  
 3. If the author's identity were revealed before the end of this period, the duration of 
the protection shall be that established in 
paragraph 1 of Article 25.   
4. Any person who has published or has 
ordered to be published a work disclosed after the lapse of the period provided for in 
this Article, shall enjoy an exclusive right for 
25 years.  
 
Article 29 
 
Audiovisual  works  
 
Copyright in an audiovisual work shall lapse 
50 years after the death of the last survivor 
among the following persons:  
 (a) the director;  
 
(b) the author of the script and the dialogues or its adaptation;  
 
(c) the composer of the music;   (d) the author and the director of the 
cartoons.  
 Article 30 
 
Works  of photography  or applied  arts 
 
Copyright in works of photography or applied 
arts shall lapse 25 years after such works are produced.  
 
Article 31 
 
Computer programs  
 
1. The right assigned to the intellectual creator on the creation of a computer 
program shall lapse 50 years after his death.  
 2. If the right were originally assigned to a different person from the intellectual creator 
the right shall lapse 50 years after the date 
on which the program was legally published or disclosed for the first time.  
 
Article 32 
 
Calculating  time limits  
 
1. The periods of protection established in 
the preceding articles shall only begin from the first day of January of the year following 
which the events referred to therein take 
place and shall remain in force until the last day of the year during which they lapse.  
 
2. If the different volumes or parts of a work were published separately and at different 
times the periods of protection referred to 
shall start, under the terms of the preceding paragraph 1, separately for each volume and each part of the work.  
 
3. The provisions of the preceding paragraph 2 shall apply to the issues or 
editions of collective works or periodicals.  
 
Article 33 
 
Works  of folklore  
 The protection of works of folklore shall have 
no time limit.  
 
Article 34 
 
Public domain  
 1. A work shall be deemed to have fallen into 
the public domain when the rights relating to 
it conferred by this Law to the respective authors and their successors, have lapsed.  
 IP/N/1/CPV/C/1 
 
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 2. The following shall fall into the public 
domain:  
 (a) works for which the periods set in 
Articles 25 to 31 have lapsed;  
 (b) works of deceased authors whose estate 
was declared unclaimed and became the 
property of the State, and 10 years have passed without the work being used directly or its exploitation by third parties has not 
been authorized;  
 (c) works of folklore.  
 
3. A work shall also fall into the public domain if it was not legally published or 
disclosed in the period of 50 years, starting 
from its creation, if this period is not calculated from the death of the author.   
4. The use and exploitation, for financial 
gain, of works in the public domain shall be free as long as such use is subordinate to 
absolute respect for the moral rights, on the 
previous authorization of the member of Government responsible for culture and the 
payment of a fee to be set by the members 
of Government responsible for culture and finance, with the purpose of promotion and cultural development and social assistance to 
Cape Verdean authors.  
 
Article 35 
 
Works  in the public domain  
 
1. Any person who legally publishes or 
discloses an unpublished work, after the expiry of copyright, shall enjoy 25 years of protection equivalent to that of the economic 
rights of the author, starting from the date of 
publication or disclosure.   
2. Critical and scientific publications which 
have fallen into the public domain shall enjoy 25 years protection from the date of the first 
legal publication.  
 
CHAPTER V 
 
Transfer  of rights  
 
Article 36 
 
Economic rights  
 
1. The author of a work protected by this Law 
shall have the exclusive right to practice or authorize third parties to practice the 
following acts:  
 
(a) the publication or reproduction of his work by any means and the distribution to 
the public of the respective copies;   (b) communication to the public of his work, 
by any means, notably performance, 
broadcasting, audio or visual, and rebroadcasting, by any means;  
 
(c) the translation, adaptation, arrangement or any other alteration of his work.  
 
2. The various forms of economic use and exploitation of the work shall be independent of one another, and the exercise of any of 
them by the author shall not prejudice the 
exercise of the remainder.  
 
Article 37 
 
Authorization  and transfer of  rights  
 
1. The author may, in exercising the right 
conferred by the preceding Article:   
(a) authorize the use, exploitation and 
distribution of his work by third parties, in whole or in part;   
(b) transfer, wholly or partially, his economic 
rights to third parties.   
2. In any of the cases, the act by which use 
and exploitation of his work is authorized or the respective rights are transferred must be 
in writing and must show specifically the 
form of use and exploitation, the conditions governing duration, place, price and mode of payment, without prejudice, in the latter 
case, to the regulations and tariffs which 
shall be established by Article 138.   
3. Authorization and transfer shall not, in any 
case whatsoever, affect moral rights.   
Article 38 
 
Limitations  of transfer and  assignment  
 
Powers granted for the guardianship of moral 
rights and any other rights excluded by the 
law may not be the subject of either voluntary or compulsory transfer or 
assignment.  
 IP/N/1/CPV/C/1 
 
- 13 - 
 
 
 Article 39 
 
Authorization  
 
Simple authorization granted to third parties 
to use or exploit a work shall not imply total 
or partial transfer of the rights related to the work and must consist of a written 
document.  
 
Article 40 
 
Transfer 
 
1. The partial transfer of rights shall be 
limited to the embodiments and exploitation 
expressly indicated in the relevant act, which 
must consist of a written document.   2. Where the transfer is temporary and no 
duration has been laid down, it shall be 
understood that the maximum duration shall be 25 years in general, or 10 years, in the 
case of photographic or applied arts works, 
but this shall lapse within seven years if the work has not been used or exploited.   
3. On pain of nullity, the total and permanent 
transfer of rights may only be effected by public deed, with an indication of the work 
and the related price.  
 
Article 41 
 
Assignment  of rights  
 1. The economic rights conferred on the 
authors of works protected by this Law may 
be the subject of:   
(a) legal or voluntary usufruct;  
 (b) seizure, as security for payment of the 
author's debts or liabilities;  
 (c) seizure or attachment.   
2. Unless otherwise specified, the 
usufructuary may only use the work subject to usufruct for any purpose involving its 
transformation or modification with the 
authorization of the copyright owner.   
3. Unpublished manuscripts, sketches, 
drawings, unfinished paintings or sculptures, shall be exempt from seizure, without prejudice to the right of the author to 
indicate them for attachment.  
 4. Where the author, by his direct acts, has 
shown his intention to disclose or publish the 
works referred to in this Article, the creditor may obtain seizure or attachment of the 
related economic rights to the income from 
the economic exploitation of the work.   
5. The seizure set out in the terms of this 
Article shall not assign any rights related to the material carriers of the work to the creditor.  
 
6. Where the seizure is effected, this shall fall specifically on the right or rights which the 
debtor offered as security in relation to the 
work or works indicated.   
Article 42 
 
Future works  
 
1. The transfer or assignment of rights 
relating to future works may only cover those which the author should create within a 
maximum period of 10 years.  
 2. Where the contract indicates a time period 
greater than that set in paragraph 1, the 
period shall be reduced to that, with a reduction proportional to the compensation set.  
 
3. A contract of transfer of rights related to future works with no time limit shall be null 
and void.  
 
Article 43 
 
Share of  value-added  
 
1. An author who has assigned an original 
work of art, original manuscript or his 
copyright in a work shall have the right to a 
share of the value-added possibly obtained, as long as the assignee benefits from a 
significant increase in price from his new 
assignment.   
2. The share shall consist of an amount of six 
per cent on top of the increase in the price obtained.   
3. Where two or more transactions take place 
within a period of less than two months or within a longer period in such a way that it is 
considered that the author is intentionally 
being deprived of his right to a share of the increase in remuneration, that increase in 
value shall be calculated according to the last 
transaction only.   IP/N/1/CPV/C/1 
 
- 14 - 
 
 
 4. The costs of transactions, for the purposes 
of assigning the right to a share and the 
fixing of the amount, shall be reduced by verified expenditure on advertising, 
representation and other similar actions 
involved in promoting and selling the work.   
5. The provisions of this Article shall not 
apply if the price increase is due exclusively to currency devaluation.   
6. The right referred to in paragraph 1 of this 
Article shall be perpetual, inalienable and imprescriptible.  
 
Article 44 
 
Additional  compensation  
 
1. Where an author who has assigned, 
against payment, the right to exploit a given intellectual work, suffers significant prejudice 
due to insufficient forecast of the probable 
profits of that exploitation, because there is a large disproportion between his revenue and 
the profits earned by the acquirer of those 
rights, he may claim a dditional compensation 
therefrom reflecting the results of the 
exploitation.  
 2. The compensation referred to in the preceding paragraph 1 may only be 
demanded if the assignment was made for a 
fixed sum, paid in one installment only or in periodic installments, or, in the event that 
the author's remuneration is in the form of a 
share of the profits from  the exploitation, if 
this were not established in accordance with 
the customary methods for transactions of 
this nature.   3. The right to compensation shall lapse if it 
is not exercised within a period of two years 
from the date of becoming aware of the serious economic prejudice suffered.  
 
Article 45 
 
Prescription  
 Copyright may not be acquired by prescription.  
 CHAPTER VI 
 
Moral  rights  
 
Article 46 
 
Content  
 
The following shall be moral rights of the author of a protected work:  
 
(a) the right to claim authorship of the work and to demand mention of his name, pseudonym, heteronym or distinctive sign 
whenever the work is published, reproduced 
or communicated to the public;   (b) the right to defend the authenticity and 
integrity by opposing every and any 
distortion, mutilation or modification and, in general, opposing every and any act which 
diminishes the work and is liable to be 
prejudicial to his honor and reputation;   
(c) the right to keep the work unpublished or 
to change it, before or after publication and communication to the public;   
(d) the right to withdraw the work from 
circulation or suspend any form of use or exploitation which he had authorized with the 
exception of the provisions of Article 4;  
 (e) the right to access to a unique or rare 
copy of the work, when this is in the hands of 
third parties, in order to exercise the right to publish, disclose or communicate to the public or use the work.  
 
Article 47 
 
Non-transferability  of moral  rights  
 
1. The moral rights defined in Article 46 shall 
be perpetual, inalienable and imprescriptible, 
even in the case of total transfer and after 
the death of the author.   2. Moral rights related to works in the public 
domain shall be exercised by the State, 
through the Government department responsible for culture.  
 IP/N/1/CPV/C/1 
 
- 15 - 
 
 
 Article 48 
 
Amendments 
 
1. Amendments to works without the author's express consent shall not be permitted, even where use and exploitation of the work without such consent are lawful.  
 
2. Where the author has partially or wholly revised his work and has effected or 
authorized the publication of disclosure ne 
varietur , his successors or third parties may 
not reproduce any of the previous versions.  
 
3. In the case of authorized amendments to a work, such amendments shall be lawful if they are proved necessary, as long as they 
do not distort the meaning of the original 
work.   
4. Where a work of architecture is executed 
according to a project approved by the owner of the work, and modifications not authorized 
by the author are introduced during or after 
the building process, the author may, in addition to requesting compensation for loss and damages, repudiate authorship of the 
work, rendering it unlawful for the owner to 
invoke in the future, for his benefit, the name of the project author.  
 
Article 49 
 
Audiovisual  works  
 1. An audiovisual work shall be deemed completed when the final version has been 
established by joint agreement between the 
director, or co-authors, and the producer.   
2. The destruction of the matrix of the final 
version shall be prohibited.   
3. Any amendment to the final version, 
through addition, deletion or change to any element, shall require the agreement of the persons mentioned in paragraph 1.  
 
4. Any transfer of the audiovisual work to another form of carrier, or for another form 
of exploitation must be preceded by 
consultation with the director.   
5. The moral rights of the authors, as defined 
in Article 46, may only be exercised in the final version of the audiovisual work.   
6. Where one of the authors refuses to 
complete his contribution to the audiovisual work or finds himself unable to complete said contribution for reasons beyond his control, 
he may not oppose the use, for the purpose 
of making the work, of the part of the contribution already made.  
 
7. The author who, under the terms and conditions of the previous paragraph, has 
given his contribution to the making of the 
work, shall enjoy the capacity of author thereof, in the part he has given, and of all the rights arising therefrom.  
 
Article 50 
 
Right  of withdrawal  
 
The author of a work published or lawfully 
communicated to the public by whatever 
means may, at any time, withdraw it from circulation or terminate its use or exploitation, as long as he compensates the 
interested parties for the prejudice caused to 
them, except for the provisions of Article 4.   
Article 51 
 
Moral  rights  in cases  of attachment  and 
auction  of copyright  
 
1. Attachment and auctioning of copyright in 
a particular work shall not deprive the 
author, in the case of the publication thereof, 
promoted by the bidder, of the right to revise the proofs and to correct the work, nor shall 
they affect, generally, his moral rights with 
regard thereto.   2. However, the author may not hold the 
proofs for more than 60 days, without a valid 
reason, in which case printing may proceed without his revision.  
 
Article 52 
 
Computer programs  
 
1. Unless stipulated otherwise, the author of 
a computer program may not:  
 
(a) oppose the modification of the program by the assignee of the rights mentioned in Article 8 as long as it does not prejudice his good name, reputation or honor;  
 
(b) exercise the right of withdrawal.   
2. The author of a computer program may, 
despite assignment, demand the mention of his name as author on future versions which 
may be made.  IP/N/1/CPV/C/1 
 
- 16 - 
 
 
  
CHAPTER VII 
 
International  regime  
 
Article 53 
 
Competence  of Cape Verdean  
jurisdiction  
 The legal protection which a work enjoys 
shall be determined by Cape Verdean 
legislation, without prejudice to the international conventions Cape Verde may 
have ratified or shall ratify.  
 
Article 54 
 
Protection  of foreign  works  
 
Works by foreign authors or authors having a 
foreign country as their country of origin 
shall enjoy the protection granted by Cape 
Verdean legislation, as long as reciprocity is verified for protection of Cape Verdean 
authors' works in the respective countries 
and with the exception of any international convention to the contrary.   
Article 55 
 
Country  of origin  of published  works  
 
1. Published works shall have the country of first publication as their country of origin.  
 
2. Where a work has been published simultaneously in several countries that grant different periods of copyright protection, in 
the absence of any applicable international 
treaty or agreement, the country of origin shall be deemed to be that granting the 
minimum duration of protection.  
 3. A work published in two or more countries 
within a period of 30 days from the first date 
of publication inclusive shall be deemed to have been published simultaneously in several countries.  
 
Article 56 
 
Country  of origin  of unpublished  works  
 
1. The country of origin of unpublished works 
shall be deemed to be the country of origin of the author.  
 
2. Nevertheless, in the case of works of architecture and graphic or three-dimensional arts incorporated in a building, 
the country of origin shall be deemed to be 
that in which said works are built or incorporated in construction.  
 
CHAPTER VIII 
 
Exercise of  copyright  
 
Article 57 
 
Mode of  exercise 
 
Copyright may be exercised by its owners or 
through their legal or voluntary representatives.  
 
Article 58 
 
Death  or absence of  the author  
 
1. In the event of the death or absence of the author under the terms of Articles 111ff. 
of the Civil Code, it shall fall to his heirs, 
declared and assumed, and successors to exercise his moral rights and to decide on the exploitation of his works as yet undisclosed 
or unpublished except if the author has 
prohibited their disclosure or publication in any way.  
 
2. In the event of deciding to exploit the work, the heirs shall enjoy rights identical to 
the author under the terms of Article 36.  
 3. In the event of differences of opinion between the heirs with regard to the 
exploitation of the work, the majority opinion 
shall prevail, in the case of a deadlock, and at the request of one of the interested 
parties, the court in the place where the will 
was read shall decide.   
Article 59 
 
Authors'  rights  organizations  
 
Associations and other organizations 
established to exercise and defend the 
interests of authors shall carry out this function as their authorized representatives 
and their mandate shall be based on the 
simple capacity of member or subscription, under any designation, as the beneficiary of 
the services of said organizations.  
 IP/N/1/CPV/C/1 
 
- 17 - 
 
 
 Article 60 
 
Authors  in a state  of incapacity  
 
1. Incapacitated authors shall be 
represented, with regard to the exercise of their economic rights, in and out of court, by 
their legal representatives.  
 2. They may, in the meantime, exercise the defined moral rights, provided that they are 
naturally able to do so.  
 
TITLE II 
 
USE OF WORKS  
 
CHAPTER I 
 
General  provisions  
 
Article 61 
 
Forms  of use 
 
1. The author of a literary, artistic or 
scientific work shall have the exclusive right to enjoy, use or exploit his work, either in 
whole or in part, or to authorize third parties 
to do so, by any means currently known or which may come to be known in the future.  
 
2. As such he may carry out or authorize the following:  
 
(a) publication of the work, by printing or any method of graphic, mechanical, electronic or other reproduction;  
 
(b) performance, execution, exhibition or communication to the public by any means;  
 
(c) audiovisual recording and related communication to the public by any means;  
 
(d) radiophonic or televisual broadcast by any process of reproduction of signals, sounds and images and the respective 
communication to the public by any means;  
 (e) direct or indirect appropriation in any 
form, namely the sale, distribution, or rental 
or lending of copies of the reproduced work;   
(f) translation, adaptation, arrangement, 
instrumentation or any other transformation, as well as its use in a different work;   
(g) construction of an architectural work 
according to a plan, whether it is a repetition or not;   
(h) broadcast or rebroadcast of a work by 
satellite or any other methods of telecommunication of sounds, images, 
documents, data or messages of all types;  
 (i) making available to the public, whether by 
wire or not, so that it is accessible to any 
person at the place and time of their choosing.   
3. The owner of the copyright shall have the 
exclusive right to decide freely upon the procedures and conditions of use and 
exploitation of the work, without prejudice to 
the provisions of paragraph 2 of Article 47 and of Article 136.  
 
Article 62 
 
Unrestricted  use 
 
1. The following embodiments of works already lawfully published or disclosed shall 
be lawful, irrespective of authorization of the 
respective author and without any need for compensation, as long as the authenticity and integrity of the title and the name of the 
author are mentioned and respected:  
 (a) the performance, execution, 
cinematographic showing and communication 
of recorded or broadcast works, where they take place in private, with no paid entry and 
without profit, or in school establishments for 
exclusively educational, research or professional training purposes;   
(b) reproduction by photographic processes 
or any other similar processes when carried out for exclusively didactic, research or 
professional training purposes, by libraries, 
archives and non-commercial documentation centers, scientific institutes or teaching 
establishments, as long as the copies 
reproduced do not exceed the needs of the purpose for which they are intended;   
(c) reproduction of works included in news 
reports, filmed or televised, or of works permanently exhibited in public places or in 
places where representatives of social 
communication bodies have access;   
(d) reproduction, broadcasting or 
communication, by any other means, to the public, of the image of a work of architecture, three-dimensional arts, 
photography or applied arts, which is kept 
permanently in a place open to the public, except if the image of the work is the main IP/N/1/CPV/C/1 
 
- 18 - 
 
 
 subject of the reproduction, broadcasting or 
communication in question, and if it were 
used for commercial purposes;   
(e) reproduction, by printing, of speeches, 
lectures and other statements made in a public place or in places where 
representatives of social communication 
channels have access;   (f) citation of short excerpts of another 
author's work, whether in written, audio or 
visual form, when it is justified for scientific, critical or didactic reasons or for information 
and as long as those excerpts are not so 
extensive as to lessen interest in the work;   
(g) partial or total reproduction of works of 
graphic or three-dimensional arts intended to appear in judicial auction catalogs, carried out in Cape Verde for the copies made 
available to the public before the auction, 
with the sole aim of describing the works of art placed on sale;  
 
(h) parody, pastiche or caricature;   
(i) reproduction of a work intended for 
judicial or administrative proceedings, to the extent justified by the intended purpose;   
(j) reproduction intended to conserve a copy 
of a work, and if necessary, to replace it in a complete collection of a work in a library, an 
archive service or a documentation center, as 
long as, through having been lost, destroyed or made unusable, it is impossible to find 
such a copy on reasonable conditions and/or 
the act of reprographic reproduction is an isolated act, or if repeated, on separate and unrelated occasions;  
 
(k) performance of national anthems or officially adopted patriotic songs, as well as 
works of an exclusively religious character, 
during religious rites or services;   
(l) reproduction, translation, adaptation, 
arrangement, or any other alteration exclusively for individual and private use.   
2. An author who reproduces his articles or 
letters published in newspapers or periodicals in argument with another person may also 
reproduce the replies of his adversary 
binding the latter to the same right, even after the publication by him.  
 
3. Any person who publishes manuscripts existing in public or private libraries or archives, may not oppose their subsequent publication of the original text by another 
party, unless such publication is no more 
than a reproduction of the previous one.   
Article 63 
 
Reproduction  for private use  
 
The provisions of the preceding article relating to reproduction exclusively for private use shall not apply to:  
 
(a) reproduction of architectural works consisting of buildings or other similar 
constructions;  
 (b) reprographic reproduction of works of 
three-dimensional arts of limited printruns, 
the graphic presentation of musical works (scores), exercise manuals and other publications as long as people use them only 
once;  
 (c) reproduction of all or significant parts of 
databases;  
 (d) reproduction of computer programs, 
except in the cases provided for in Article 64;  
 (e) any other reproduction of a work which damages its normal exploitation or causes 
unjustified prejudice to the legitimate 
interests of the author.   
Article 64 
 
Reproduction  for disabled  persons  
 
1. The following shall be permitted, without the authorization of the author and without remuneration, at the request of disabled 
persons, with motor, intellectual, aural or 
visual impairments or of legal entities acting in the interests of such persons, as long as 
access to the work in the available versions, 
is not possible due to their impairment, and the reproduction is carried out on a non-
profit basis:  
 (a) the production of a copy or audio recording of a literary or dramatic work, with 
the exception of a cinematographic, musical 
or artistic work, on a material carrier intended for those disabled by the 
impairments listed above;  
 (b) the translation, adaptation or 
reproduction in sign language of a literary or 
dramatic work, with the exception of a cinematographic work, fixed on a material IP/N/1/CPV/C/1 
 
- 19 - 
 
 
 carrier intended for those disabled by any of 
the impairments listed above;  
 (c) the public performance in sign language 
of a literary or dramatic work, except 
cinematographic, or the public performance of such a work fixed on a carrier which may 
be of use to those disabled by any of the 
impairments listed above;   (d) reproduction or other form of use, using 
Braille or another system for blind persons;  
 (e) distribution in any of the cases provided 
for in the preceding subparagraphs, as long 
as it is justified by the intent of the authorized act of reproduction.  
 
2. The author or the copyright holder shall be entitled to compensation for the reproduction and distribution of more than one copy.  
 
3. This right may only be exercised by legal entities acting in the interests of disabled 
persons, after authorization from the 
competent administrative authority.   
Article 65 
 
Reproduction  and adaptation  of 
computer programs  
 
1. The legitimate owner of a copy of a 
computer program may, without 
authorization from the author and without 
payment of separate compensation, reproduce or make a copy or an adaptation o f  t h e  p r o g r a m ,  a s  l o n g  a s  t h i s  c o p y  o r  
adaptation is:  
 (a) necessary for the use of a computer 
program, in accordance with the purposes for 
which the program was obtained;   
(b) necessary for archival purposes and to 
replace the copy lawfully purchased, in case it should be lost, be destroyed or become unusable.  
 
2. No copy may be reproduced and no adaptation may be carried out for any other 
purpose than those set out in the preceding 
paragraph, and any copy or adaptation may be destroyed, if its prolonged possession 
ceases to be harmless.  
 Article 66 
 
Ephemeral  recording  by a broadcasting  
organization  
 
1. A broadcasting organization may, without authorization from the author and without 
special payment, carry out ephemeral 
recording, without commercial purpose, by its own means and for its own broadcasts, for a work which it has the right to broadcast.  
 
2. The broadcasting organization must destroy this recording in the six months 
following its making, except in the case of an 
agreement made for a longer period with the author of the work so recorded.  
 
3. In the meantime, for purely conservation purposes, without the agreement referred to, a single copy of the recording may be kept.  
 
Article 67 
 
Resale and  public lending  
 
The following shall be permitted, without 
authorization from the author or any 
remuneration: 
 
(a) resale or transfer in another manner, of 
ownership of the copy of a work, following 
the first sale or transfer of ownership, of the copy to a library, an archive service or a 
documentation center, whose activities are 
not, directly or indirectly, profit making;   (b) loan to the public the copy of a written 
work, purely for the purposes of consultation, 
as long as it is not a computer program.   
Article 68 
 
Reproduction  and adaptation  of 
databases  
 
1. The legitimate user of a database may, 
without authorization from the author and separate remuneration, reproduce, 
permanently or temporarily, translate, adapt, 
transform or modify it, in any other way, communicate it to the public, as long any of 
these uses are necessary for the use of the 
database or to access its content.  
 
2. Where the legitimate user is only 
authorized to use a part of the database, this 
paragraph shall only apply to that part.   IP/N/1/CPV/C/1 
 
- 20 - 
 
 
 Article 69 
 
Lectures  
 
1. Lectures by professors may only be 
published by third parties with the consent of 
the respective authors, even if they are presented under the personal responsibility 
of the person publishing them.  
 2. Unless otherwise specified, publication shall be deemed to be solely for the use of 
students.  
 
Article 70 
 
Temporary  reproduction  
 
Acts of temporary reproduction of a work 
shall be permitted, irrespective of authorization from the author or any remuneration, as long as:  
 
(a) they are transient or episodic in nature;   
(b) they do not have any economic value as 
such;   (c) they are an integral and essential part of 
a technological process with the sole aim of 
allowing transfer in a network between third parties by an intermediary or a lawful use.  
 
Article 71 
 
Importation  for personal  use 
 
The importation of a copy of a work by a 
natural or legal person shall be permitted, for personal or collective use, without the 
authorization of the author or any other 
holder of copyright in the work.  
 
Article 72 
 
Other uses  
 
Reproduction shall also be permitted of a 
single copy of works which are not yet 
available in trade or are impossible to obtain, for purely scientific or humanitarian interest 
purposes, and for the time necessary for 
their use.  
 Article 73 
 
Compensation  for reproduction  or 
recording  of works  
 
1. The reproduction of an audiovisual work, 
lawfully published, or a sound recording of a work, without authorization from the author, 
but in return for fair remuneration, shall be 
permitted exclusively for private use by the user.  
 
2. Fair remuneration for reproduction for private use, in the cases set out in the 
preceding paragraph, shall be paid by the 
importers and sellers of apparatus and material carriers used for this reproduction or recording obtained by any of these methods, 
and shall be received and distributed by the 
organization for collective management of copyright.  
 
3. In the absence of agreement between the representatives of the importers and the 
sellers on the one hand, and the organization 
for the collective management of copyright on the other, the amount of the fair remuneration and the conditions for payment 
thereof shall be set in regulatory terms.  
 4. The distribution of the fair remuneration to 
be paid to authors, performers, and 
producers of phonograms and videograms, must be carried out between these three 
groups of rights holders, under regulatory 
terms.   5. The apparatus and material carriers 
referred in paragraph 2 shall be exempt from 
payment of fair remuneration if:   
(a) they are intended for re-export;  
 (b) they cannot normally be used for the 
reproduction of works for private use.  
 
Article 74 
 
Licensing  system  
 
1. The author of a work may grant a license, 
exclusive or not, to one or more persons, for 
the performance of acts protected by his 
economic rights.   
2. An exclusive license shall authorize its 
holder, to the exclusion of all others, including the author himself, to execute in the way permitted to him, the acts laid down 
therein.  IP/N/1/CPV/C/1 
 
- 21 - 
 
 
  
3. A non-exclusive license shall authorize the 
holder to fulfill, in the way permitted to him, the acts laid down therein, at the same time 
as the author or other holders of non-
exclusive licenses.   
4. Unless stipulated otherwise, the license 
shall be presumed to be non-exclusive if it were granted for a period of 12 months.   
5. The granting of a license for the 
performance of the intended acts may be limited to certain specific rights, and also, 
relative to the aims, duration, territorial 
scope, the extent and the means of exploitation.  
 
6. In the absence of a mention of the territorial scope for which the license is granted, the country where the act of grant 
took place shall be deemed the limitation of 
the license.   
7. In the absence of a mention of the scope 
and the means of exploitation for which a license has been granted, it is deemed that 
the limitation of the license shall be the 
scope of the means of communication and exploitation necessary for the aims provided for at the time the license is granted.  
 
Article 75 
 
Free licenses  
 1. For exclusively teaching or scientific 
research purposes, it shall also be lawful, 
without the consent of the author, to obtain a nonexclusive and inalienable license for the translation and publication of a work already 
lawfully disclosed into Portuguese or Cape 
Verdean creole, which its author has not withdrawn from circulation, and/or to 
reproduce it, as long as the following 
conditions are met:  
 
(a) one year has elapsed since the first 
publication or reproduction of that work in 
the original language or three years in Portuguese or Cape Verdean creole without 
another translation having been published or 
copies of said reproduction being exhausted within this time period;  
 
(b) the license request proves authorization was requested for the translation, publication or reproduction from the holder of the related 
rights, without authorization having been 
granted or without it having been possible to find the holder of the copyright, despite 
reasonable efforts having been made;  
 (c) the translation, publication and 
reproduction shall be carried out and the 
respective copies distributed exclusively in the territory of the Republic of Cape Verde, 
only with the exception of export for citizens 
of Cape Verde resident abroad or organizations set up for them, within the limits strictly necessary and with express 
prohibition on its commercialization;  
 (d) the holder of rights to translation, 
publication and reproduction shall be 
guaranteed fair and equitable compensation, in accordance with international practice and 
their transfer carried out in equitable 
currency.   2. The license to which this Article refers may 
be granted to an audio or audiovisual 
broadcasting organization, with headquarters in the Republic of Cape Verde exclusively for 
the purposes indicated in the preceding 
paragraph, as long as the translation and reproduction are made from lawfully 
produced copies. The license may include, in 
addition to the published work, in print or similar format, the texts incorporated or included in audiovisual fixations for school or 
scientific use.  
 
3. The title and the name of the author of the original work must be indicated on all copies 
of the published translation and on reproductions thereof.   
4. The competence for granting the licenses 
to which paragraphs 1 and 2 of this Article refer shall be exclusive to the Government 
department responsible for the culture 
sector.   
Article 76 
 
Trial 
 
1. In the case of a dispute emerging from the 
exercise of the right provided for in the preceding Article, the trial shall follow in so 
far as compatible with the provisions of the 
Code of Civil Procedure.   
2. Claims must be brought before the court 
at the domicile of the license applicant, and this shall only be granted after proof of payment of the compensation determined to 
the copyright holder or of the respective 
deposit or security, in the case where contact with the holder has proved to be impossible.  IP/N/1/CPV/C/1 
 
- 22 - 
 
 
  
3. The decision may be appealed, with 
suspensory effect, before the Supreme Court of Justice.  
 
CHAPTER II 
 
Special  uses 
 
Section I 
 
Publishing  contracts  
 
Article 77 
 
Concept  
 
Through a publishing contract, the author of 
a work shall authorize the publisher to reproduce it graphically, distribute it and put on sale the respective copies, on the 
understanding that, unless agreed otherwise, 
that authorization shall only be valid for one edition.  
 
Article 78 
 
Exclusions  
 1. The following shall not be deemed publishing contracts:  
 
(a) an agreement whereby a person commits, against payment of a certain sum 
by the holder of copyright in a work, to 
produce in the stipulated conditions, a certain number of copies of that work and to ensure 
their distribution and sale on behalf of the 
rights holder;   (b) an agreement whereby the holder of 
copyright in a work, has produced at his own 
cost a certain number of copies of that work and simply charges another with the storage, 
distribution and sale of the copies in return 
for payment of a certain commission or any other form of payment;  
 
(c) any agreement whereby a fixed or proportional payment shall be established for the entity which takes charge of the 
reproduction or distribution and sale of the 
copies of the work, with all risks being borne by the holder of copyright;  
 
(d) an agreement whereby the holder of copyright in a work charges another to 
produce, at his own cost, set numbers of 
c o p i e s  o f  t h a t  w o r k  a n d  t o  e n s u r e  t h e i r  distribution and sales where the parties agree to share between them the profits or 
losses of exploitation.  
 2. The contracts referred to in the preceding 
paragraph, subparagraphs (a), (b) and (c), 
shall be regulated by the provisions entered therein, by the legal provisions relating to 
service provision contracts and via the usual 
trade channels.   3. The contracts referred to in the preceding 
paragraph, subparagraph (d), shall be 
regulated by the special provisions therein, via the usual trade channels, and 
subsequently, by the rules relating to share 
accounts.   
Article 79 
 
Form  and content  
 
1. The publishing contract must be drawn up 
in writing, in order to be valid, and it shall be compulsory for the contract to state the 
delivery time for the work and the conclusion 
of the publication, the number of copies, the price per copy, the amount of royalties to be paid to the author and the payment terms, 
as well as the terms of its termination.  
 2. The publishing contract may have as its 
subject one or more works, published or 
unpublished, existing or future, with the limitation, in the latter case, of Article 41.  
 
3. Nullity resulting from the failure to draw the contract up in writing shall be deemed imputable to the publisher and may only be 
invoked by the author.  
 
Article 80 
 
Author's  obligations  
 
The author shall:  
 (a) furnish the publisher, within the agreed period, with the work which is the subject of 
the publishing contract and the original of 
which is his property;   
(b) guarantee the publisher the exercise of 
the rights deriving from the publishing contract against all opposition and disputes 
arising from possible rights of third parties in 
the work, except against opposition and disputes simply engendered by third parties;   
(c) not enter into a contract with another 
publisher of the work in the same language so long as the edition has not been sold out IP/N/1/CPV/C/1 
 
- 23 - 
 
 
 or the period provided for such effect in the 
contract has not lapsed, except for the 
provisions of Articles 82 and 84 of this Law.   
Article 81 
 
Publisher's  obligations  
 
The publisher shall:  
 
(a) carry out or promote the reproduction of 
the work, in the form, under the conditions 
and within the time period stipulated in the publishing contract;  
 
(b) respect the integrity of the work, since he is prohibited from making any changes whatsoever thereto without the express 
consent of the author;  
 (c) give the author at least one galley proof, 
one page proof, the draft and proof of the 
cover, which the author must revise and correct within 30 days, if not agreed 
otherwise in the contract;  
 (d) mention the name, pseudonym, and heteronym or other conventional sign 
adopted by the author on all the copies of his 
work;   
(e) give to the production of the edition the 
requisite due care so that the work can be reproduced in accordance with the agreed 
conditions, and to promote it with the 
diligence usual in the trade and distribution of the copies produced;   
(f) pay the author the adjusted royalties, in 
the form and time periods agreed, and allow the verification of the print run by all means, 
in particular through the examination of the 
commercial accounts of the publisher or the company which produced the copies;  
 
(g) return to the author of the work, the subject of the contract, after it has been reproduced.  
 
2. The modernization of spelling and the correction of grammatical errors, carried out 
with the consent of the author, in accordance 
with the official rules in force, shall not be deemed to be modification of the work.  
 Article 82 
 
Production  of a smaller  number of  
copies  than agreed  
 
A publisher who produces a smaller number of copies than that agreed upon, may be 
required to make good the number, and if he 
fails to do so, the author may promote, at the publisher's expense, the production of the number of copies missing, without 
prejudice to his right to be compensated for 
any damage.   
Article 83 
 
Production  of a larger number of  copies  
than agreed  
 
Where the publisher produces a larger number of copies than that agreed upon, the 
author may seek attachment of the additional 
copies and take possession of them.   
Article 84 
 
Remuneration  
 
1. Publishing contracts shall be subject to 
payment.   2. The author's remuneration shall be that 
which was laid down in the publishing 
contract and may consist of a fixed lump sum to be paid for the edition as a whole, a 
percentage of the retail price of each copy, 
the allocation of a certain number of copies or a payment established on another basis, 
and a combination of such forms may always 
be used.   3. Where remuneration consists of a 
percentage of the retail price of the copies 
produced, the publisher shall render accounts to the author every six months, unless 
another time period has been agreed.  
 4. The failure to meet the obligation in 
paragraph 3 shall give the author the right to 
request from the publisher the judicial rendering of accounts and to request examination of his submission.  
 IP/N/1/CPV/C/1 
 
- 24 - 
 
 
 Article 85 
 
Sale of  copies  at reduced  prices  or by  
weight  
 
Where within the period agreed, or in the absence thereof, 10 years after the 
publication of the work, the edition has not 
been sold out, the publisher may sell at reduced price, or by weight, the existing copies, notifying the author in advance, who 
will have the right of priority to the 
acquisition.   
Article 86 
 
Complete works  
 
1. An author who has concluded contracts with one or more publishers for the separate publication of each of his works shall retain 
the right to conclude a contract with another 
publisher for the publication of a complete edition of his works.  
 
2. A contract for the complete edition of the works of an author shall not authorize the publisher to publish separately any of the 
works contained therein and shall not affect 
the author's right to conclude contracts for separate publication of any of them.  
 
Article 87 
 
Future works  
 
The provisions laid down in Article 42 shall apply to the publication of future works.  
 
Article 88 
 
Assignment  of rights  
 
1. The authorization to publish a work shall not include the transfer to the publisher of 
the rights arising from the contract, nor does 
it confer the right to translate, adapt or modify the work which is the subject of the 
contract.  
 2. Without the author's consent, the publisher may not assign or transfer his 
rights under the publishing contract to third 
parties, against payment or otherwise, unless the transfer is the result of the dissolution of 
his commercial establishment.  
 3. In the case of the dissolution of the 
commercial establishment, by the publisher, 
the author shall have the right to compensation for moral and material damages which may arise from the 
operation.  
 
Article 89 
 
Cancellation  of publishing  contracts  
 
Publishing contracts may be cancelled:  
 
(a) in the event of the death of the publisher 
unless within six months, from the declaration of death, it should be decided under the terms of the Code of Civil 
Procedure, to fulfill the contracts concluded, 
or should the dissolution of the establishment as a whole be carried out;  
 
(b) in the event of the death of the publisher, if his establishment does not continue with 
one or more of his successors;  
 (c) in the event of the death of the author, or should it be impossible for him to complete 
the work;  
 (d) where, duly notified by the author to 
conclude the edition, under the terms of the 
publishing contract, the publisher should not do so within the reasonable period set for 
that by the author.  
 
Section II 
 
Performance  
 
Article 90 
 
Concept  
 
In the public performance contract, the 
author shall authorize the performance of his dramatic, dramatico-musical, choreographic, mime or other similar work, or the 
performance of his musical, literary or 
musical literary work in any premises open to the public, with paid or unpaid admission.  
 
Article 91 
 
Exclusions  
 
1. Radiophonic or televisual broadcasts, cinematographic filming or any other method 
of reproduction or communication of the 
show in which the work is used, shall not be considered covered under performance authorization.  
 IP/N/1/CPV/C/1 
 
- 25 - 
 
 
 2. Where there is authorization for the 
broadcast of a work by terrestrial 
broadcasting, this shall not include:   
(a) distribution by cable of this broadcast, 
unless it is carried out simultaneously and in full by the organization benefiting from that 
authorization and without extension of the 
geographical area contractually agreed;   (b) satellite broadcast which enables this 
work to be received through third party 
organizations, unless the authors or their beneficiaries contractually authorize these 
organizations to communicate the work to 
the public; in this case, the broadcast shall be exempt from any remuneration.  
 
3. The authorization to broadcast a work shall not mean authorization to communicate the broadcast of this work in a place 
accessible to the public.  
 
Article 92 
 
Impresario's  obligations  
 
1. The impresario organizing the show in 
which the works referred to in the preceding Article are performed shall obtain prior authorization from the respective authors for 
its use in the show.  
 2. For the purposes of this Article, an 
impresario shall be defined as a natural 
person or legal entity who, on a temporary basis or permanently, organizes in premises 
open to the public the show in which the 
works referred to are performed.   3. The impresario shall guarantee the 
performance in technical conditions which 
permit the author's economic and moral rights in the performed work to be respected, 
without being able to make any changes to 
the work without the prior consent of the author and without being able to assign to 
others the rights arising from the contract.  
 
Article 93 
 
Author's  rights  
 
Unless otherwise stipulated, the performance 
contract shall give the author the right to:  
 
(a) make to the work, independently of the other party's consent, the changes he deems necessary, provided that they do not alter the general structure or detract from its 
dramatic or theatrical interest;  
 (b) be consulted regarding casting in the 
case of performance of a dramatic work;  
 (c) attend rehearsals and give the necessary 
indications regarding performance of his 
work as well as to be consulted regarding the choice of artistic collaborators for the work;   
(d) to object to performance where he 
considers that there have not been sufficient rehearsals for the success of the performance 
to be assured;  
 (e) verify the performance himself or through 
his representative, for which purpose they 
shall have free access to the premises during the performance.  
 
Article 94 
 
Written  draft  
 
The performance contract must be drawn up 
in writing and therein it shall be compulsory to state the period for which the performance authorization is granted, the premises where 
the performance shall take place and the 
royalty payment arrangements, which may consist of a percentage of receipts, a fixed 
sum for each performance or any other form.  
 
Article 95 
 
Assumption  of no charge  
 
The performance authorization granted to 
amateurs shall be assumed to be free of 
charge.  
 
Article 96 
 
License,  police authorization  or permit  
 Where a performance is dependent on a 
license, a police authorization or permit, it 
shall be necessary to obtain these by showing the competent authority the 
document which states that the author of the 
work gave his consent for the performance.   
Article 97 
 
Cancellation  of the contract  
 
Performance contracts may be cancelled 
particularly in the following cases:  IP/N/1/CPV/C/1 
 
- 26 - 
 
 
  
(a) where there is insistent and clear expression of displeasure by the public;   
(b) where there is a suspension or banning of 
the performance by public authorities;   (c) where the work in question is incomplete 
or not started, in the event of the death or 
physical incapacity of the author.   
Section III 
 
Audiovisual  fixing  and communication  
 
Subsection I 
 
Cinematographic  production  
 
Article 98 
 
Contract  for cinematographic use 
 
1. Through a cinematographic use contract 
the producer shall acquire the right to 
produce, distribute and project a cinematographic work with the prior authorization of the respective authors.  
 
2. The authorization referred to in the preceding paragraph shall involve the right to 
reproduce, distribute and project or have 
projected the cinematographic work and to exploit it economically.  
 
3. This same authorization shall not cover the television broadcasting of the cinematographic work, nor its reproduction in 
videogram format or its exploitation and 
communication to the public by any of these means.  
 
4. Unless otherwise agreed, the authorization given by the authors for cinematographic 
production of a work, whether it has been 
specially created for this form of expression or has been adapted, shall involve the grant of exclusive rights.  
 
5. Where no agreement has been reached between the parties, the exclusive rights 
granted for cinematographic production shall 
lapse 25 years after conclusion of the corresponding contract, without prejudice to 
the right of the party to whom the economic 
exploitation of the film has been granted to continue to project, reproduce and distribute it.  
 Article 99 
 
Producer  
 
1. The producer of a cinematographic work 
shall be a natural person or legal entity responsible for its production and completion, 
either from the technical or financial point of 
view.   2. The producer shall be identified as such in 
the film.  
 3. The producer may only make changes to 
the cinematographic work which are required 
for technical reasons, as long as they do not alter the meaning of the work.  
 
4. The producer may, at any time, transfer rights deriving from the contract, in whole or in part, to a third party, although he shall 
remain responsible towards the authors for 
the strict fulfillment of the contract.   
Article 100 
 
Authors  
 
1. The director, the authors of the script, 
adaptation, dialogues, cartoons and musical compositions, with or without lyrics, created especially for this work, shall be deemed 
authors of the cinematographic work.  
 2. The author or co-authors of 
cinematographic works shall have the right to 
request that their names appear in the film when shown, together with an indication of 
each one's contribution to the work in 
question.   3. Where the cinematographic work is an 
adaptation of a pre-existing work, it shall 
mention the title of that work, as well as the author's name, pseudonym, or any other 
identifying sign.  
 4. The rights of the authors of pre-existing 
works used in the production of the 
cinematographic work shall be recognized under the terms of the final part of Article 14.  
 
5. Authors of the literary and musical parts of a cinematographic work may reproduce or 
use these parts separately in any way, 
provided that this does not prejudice the exploitation of the work as a whole.  
 IP/N/1/CPV/C/1 
 
- 27 - 
 
 
 Article 101 
 
Completion  of the work  
 
A cinematographic work shall be deemed to 
be completed when the director and the producer have jointly agreed on its final 
version and its matrix may not, under any 
circumstances, be destroyed.  
 
Article 102 
 
Time limit  for fulfillment  of the contract  
 
Where the producer fails to complete the 
production of the cinematographic work 
within a period of three years from the date of handing over the literary and musical parts, or fails to have the finished film shown 
within a period of three years from the date 
of its termination, the author or co-authors shall have the right to cancel the contract.  
 
Article 103 
 
Works  produced  by processes  analogous  
to cinematography  
 
The provisions of this subsection shall also apply to works produced by any process 
analogous to cinematography.  
 
Subsection II 
 
Phonographic and  
videographic fixing  
 
Article 104 
 
Scope  of authorization  
 
1. Through a phonographic and videographic use contract, the producer shall acquire the 
right to produce, distribute and project a 
phonographic or videographic work with the prior authorization of the respective authors.  
 
2. The authorization to fix and reproduce by any process a literary, artistic or scientific work on a phonogram, shall merely allow the 
person granted it to proceed with its 
recording and to sell the copies produced but not to perform it publicly, broadcast it by radio or television or to communicate to the 
public in any way the work fixed, nor to hire 
out the corresponding copies.   
3. The purchase of a copy of a phonogram or 
videogram shall not give the purchaser the right to use it for any public communication 
purposes, reproduction, sale or hire of the 
works fixed therein, for commercial purposes.  
 
Article 105 
 
Prior fixing  
 1. Musical works and corresponding texts that have already been the subject of 
authorized phonographic fixing may be fixed 
anew without the need for the consent of the author, who shall still be due equitable 
remuneration.  
 
2. In the absence of agreement by the 
parties, it shall fall to the Government 
department responsible for the culture sector 
to set the fair amount of equitable remuneration.  
 
Article 106 
 
Producer's  obligations  
 
1. A phonographic or videographic producer, 
who shall be deemed to be the natural person or legal entity who or which, for the 
first time, fixed the sounds, images deriving 
from a performance or recording, must display on them or the corresponding label the name, pseudonym or distinctive sign of 
the author of the fixed work.  
 2. The producer may not, even when 
claiming needs of a technical nature, make 
any changes to the fixed work, or adapt it, arrange it or transform it without the consent 
of the author, transfer to third parties the 
rights emerging from the contract or transfer the corresponding matrix, except in the case of the dissolution of the establishment.  
 
Article 107 
 
Works  produced  by analogous  process  
 
The provisions contained in this subsection 
shall apply to the reproduction of intellectual 
works obtained by any process analogous to 
phonography and/or videography, already in existence or which has just been invented.  
 IP/N/1/CPV/C/1 
 
- 28 - 
 
 
 Subsection III 
 
Broadcasting  and other processes  for 
the reproduction  of signals,  sounds  and 
images  
 
Article 108 
 
Authorization  
 
The authorization to broadcast a work by 
audio or visual broadcasting shall be general for all programs, live or retransmitted, made 
by the organization which obtained it.  
 
Article 109 
 
Limitations  of authorization  
 
1. Authorization granted for the broadcast by 
sound or visual broadcasting of a work shall 
not include the power to fix nor to 
communicate in any public place through loudspeakers or any other process used for 
the distribution of signals, sounds and 
images.   2. The power referred to in the preceding 
paragraph 1 shall be dependent on prior 
authorization and grant the author of the work the right to additional prior and 
exclusive remuneration for broadcasts from 
Cape Verdean national territory.   
3. Broadcasting carried out by an entity 
different to that which obtained the authorization referred to in paragraph 1, where it is done by cable or satellite, and is 
not expressly provided for in that 
authorization, shall be dependent on the author's consent and grant him the right to 
remuneration.  
 
Article 110 
 
Identification  of the author  
 Broadcasting stations shall indicate, before 
the act of broadcasting, the name, 
pseudonym or any other sign which identifies the author of the work broadcast along with 
the title of the work.  
 Section IV 
 
Three-dimensional  and photographic 
arts 
 
Article 111 
 
Author's  rights  
 
1. Authors of works listed in 
subparagraphs (g), (h), (i) and (k) of paragraph 4 of Article 7, as well as works of three-dimensional arts inspired by folklore, 
shall have the right:  
 (a) to exhibit them or authorize third parties 
to exhibit them publicly;  
 (b) to reproduce them or authorize third 
parties to reproduce them.  
 2. Unless otherwise agreed, transfer of ownership of such works of art shall imply 
transfer of the right to exhibit them.  
 3. Whenever one of these works is exhibited 
or reproduced, it must show the name, 
pseudonym or other sign allowing the author to be identified.  
 
Article 112 
 
Photographs  
 
1. The choice of subject and the conditions of 
creation of a photographic work must be deemed to be a personal artistic creation by 
the author before it may be protected.  
 2. Unless otherwise agreed, transfer of a 
negative of a photographic work shall imply 
transfer of the rights referred to in paragraph 1 of the preceding article.   
3. The reproduction and public 
communication of photographs of people shall be subject to the restrictions of civil law 
on image rights.  
 4. Unless otherwise agreed, a photograph of 
a person, if it was taken on commission, may 
be published, reproduced or ordered to be reproduced by the subject or his heirs or successors without the consent of the author, 
but indicating the name if this appears in the 
original photograph.   IP/N/1/CPV/C/1 
 
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 5. If the name of the photographer appears 
in the original photograph, it must also be 
shown in the reproductions.   
6. The exhibition or dissemination by any 
photographic or photographic film method of a surgical operation shall depend on 
authorization from both the surgeon and the 
patient operated on.   7. Where a photograph was taken in the 
fulfillment of a work contract or on 
commission, it shall be assumed that the right set out in the previous Article belongs 
to the employing entity or the person 
commissioning the work.   
Section V 
 
Newspapers  and periodicals  
 
Article 113 
 
Rights  of authors  and of owners  or 
publishers  
 1. Without prejudice to the provisions of 
special legislation and those of paragraph 3 
of Article 13 of this Law, copyright relating to works published, whether signed or not, in newspapers or other periodicals, even if they 
were created in fulfillment of a work contract, 
shall belong to the respective authors and only they may reproduce them separately.  
 
2. Unless authorized by the owner of the newspaper or publication, a work which was 
published in fulfillment of a work contract, 
may not be reproduced until three months after the date on which it was published.   
3. The owner or publisher of a newspaper or 
periodical may reproduce, without authorization from the author, the issues in 
which the works referred to in paragraph 1 of 
this Article were published.   
4. Where said works are not signed or do not 
contain any identification of the author, copyright therein shall belong to the owner of the newspaper or publication in which they 
appeared and their authors may only publish 
them separately with his permission.   
Article 114 
 
News  articles  
 
News articles and economic, political, social, 
cultural or religious articles may be reproduced by the press, where reproduction has not been expressly reserved by the 
respective author, but his name or 
pseudonym and the source of the article must always be shown.  
 
TITLE III 
 
RELATED RIGHTS  
 
Article 115 
 
Definition  
 1. Related rights shall consist of the legal 
protection guaranteed to performers, 
producers of phonograms and videograms and broadcasting organizations for their services.  
 
2. Performers shall mean the actors, singers, musicians, dancers and others who perform, sing, recite, declaim, interpret or execute 
literary and artistic works in any manner.  
 3. Producers of phonograms or videograms 
shall mean the individual or collective 
persons who, for the first time, fix the sounds coming from a performance or other 
sounds, or images of any origin, whether or 
not accompanied by sound.   4. Phonograms shall mean the recording 
resulting from fixing, on a material carrier, 
the sounds coming from a performance or other sounds, or a performance of sounds.  
 
5. Videograms shall mean the recording resulting from fixing, on a material carrier, of 
images, whether or not accompanied by 
sounds, as well as copies of cinematographic or audiovisual works.   
6. Copies shall mean the material carriers on 
which sounds and images are separately or jointly reproduced, whether directly or 
indirectly taken from a phonogram or 
videogram, where the sounds or images or performances thereof fixed therein are totally 
or partially incorporated.  
 7. Broadcasting organizations shall mean the bodies which make audio or visual broadcast 
programs, broadcast programs meaning the 
dissemination of sounds and/or images, or the performance thereof, separately or 
jointly, whether by wire or not, in particular, 
by hertzian waves, optical fiber, cable or satellite, and intended for public reception.  
 
8. Retransmission shall mean the simultaneous broadcast by one broadcasting IP/N/1/CPV/C/1 
 
- 30 - 
 
 
 organization of a program by another 
broadcasting organization.  
 
Article 116 
 
Content  
 
The services of performers shall be protected 
through recognition of related rights.  
 
Article 117 
 
Application  
 
The protection of related rights shall apply, 
without prejudice to the rights recognized for 
the authors of the work used.  
 
Article 118 
 
Reference  
 The rules relating to copyright shall apply, 
where appropriate, to related rights.  
 
Article 119 
 
Requirements  
 A performer shall enjoy protection if one of 
the following requirements is met:  
 (a) the performer has Cape Verdean 
nationality;  
 (b) the performance is given in Cape Verde; and  
 
(c) the original performance is fixed or broadcast for the first time in Cape Verde.  
 
Article 120 
 
Authorization  
 
1. The performer shall enjoy the exclusive right to authorize the fixation, reproduction, 
directly or indirectly, temporary or 
permanent, by any media in any form, in whole or in part, the broadcasting, 
communication and making available to the 
public, by cable or wireless means, so that it may be accessible to any person from the place and time of his choosing, without the 
performer's consent, of the services that 
have been made from his performances.   
2. Authorization must be given in writing.  
 3. In the absence of any agreement to the 
contrary, authorization to broadcast a 
performance shall imply authorization to fix it, as well as authorization to broadcast 
fixations lawfully authorized by other 
broadcasting organizations.   
4. The performer shall, however, have the 
right to additional remuneration where, although not laid down in the original contract, the following operations are carried 
out:  
 (a) a new broadcast;  
 
(b) retransmission by another broadcasting organization;  
 
(c) commercialization of fixations obtained for broadcasting purposes.   
5. Unauthorized retransmissions and new 
broadcasts of a performance shall entitle the participating performers to a joint payment 
of 20 per cent of the remuneration originally 
decided.   
6. Commercialization shall entitle the 
performers to a joint payment of 20 per cent of the sums which the broadcasting organization that has fixed the performance 
receives from the purchaser.  
 7. The performer may agree to conditions 
other than those laid down in the preceding 
paragraphs with the broadcasting organization, but may not renounce the 
rights referred to therein.  
 
Article 121 
 
Special  cases  
 1. Related rights relating to a performer's 
services carried out in fulfillment of a work 
contract or on commission, shall belong, unless otherwise agreed, to the employing 
entity or the person who commissioned the 
work.   2. The performer shall enjoy the right to 
request that his name be indicated on all his 
performances and to oppose, during his lifetime, any distortion or mutilation of, or 
damage to, his performance, which harms his 
prestige and reputation.   
3. Following his death and for a period of 25 
years his heirs shall enjoy the powers referred to in paragraph 2.   IP/N/1/CPV/C/1 
 
- 31 - 
 
 
 Article 122 
 
Producer's  authorization  
 
1. The authorization of the producer of the 
phonogram or videogram shall be required for the making of copies and their 
distribution to the public, and also for their 
import or export.  
 
2. The authorization of the producer of the 
phonogram or videogram shall also be 
required for dissemination by any means and for the public performance thereof.  
 
3. Where a commercially published phonogram or videogram, or a copy thereof, is used for any form of public 
communication, the user shall pay equitable 
remuneration to the producer and the performers, to be divided equally amongst 
them, unless otherwise agreed.  
 
Article 123 
 
Broadcasting  organizations  
 1. Broadcasting organizations shall have the 
right to authorize or prohibit:  
 (a) retransmission of their programs by 
radioelectric waves;  
 (b) fixing on a material carrier of their 
programs, be they wired or wireless;  
 (c) reproduction of the fixing of their programs, where these have not been 
authorized or in the case of ephemeral fixing, 
and reproduction for purposes different from those originally envisaged.  
 
(d) communication to the public of their programs, where this communication takes 
place in a public place with paid admission.  
 
2. The rights provided for in this Article shall 
not apply to cable distributors who are 
limited to the retransmission of programs of 
broadcasting organizations.  
 
Article 124 
 
Presumption  of agreement  
 
Where the interested party has submitted a 
request confirmed by the Government 
department responsible for the culture 
sector, but it has not proven possible to contact the owner of the right or he has not replied within the reasonable period provided 
for this purpose, his consent shall be 
presumed, but the interested party may only effect the use requested if he provides a 
guarantee of payment of the remuneration.  
 
Article 125 
 
Forms  of exercise 
 
The provisions on forms of exercise of 
copyright shall, with the necessary 
adaptations, apply to the forms of exercise of 
related rights.  
 
Article 126 
 
Duration  of protection  
 
1. Related rights shall expire after 50 years 
from January 1 of the calendar year 
following:  
 
(a) the performance by the performer;  
 
(b) the first fixing, by the producer of a phonogram, videogram or film for the original and the copies of his films;  
 
(c) the first broadcast by the broadcasting organization, whether the broadcast is wired 
or wireless, including cable or satellite;  
 (d) the first communication to the public of 
programs belonging to audiovisual companies 
by such companies.   2. However, if during the period referred to 
in the preceding paragraph, fixation of the 
performer's performance were made available to the public on material carriers, 
subject to lawful publication or 
communication to the public, of the protected phonogram, or videogram or film, the period 
of expiry shall commence from the time of 
those events and not from the time of the events referred to in the subparagraphs of the same paragraph.  
 
3. The provisions of paragraph 2 of Article 25 shall apply to the organizations mentioned in 
subparagraphs (a), (b) and (c) of 
paragraph 1.   IP/N/1/CPV/C/1 
 
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 TITLE IV 
 
INFRINGEMENT  AND PROTECTION OF  
RIGHTS  
 
Article 127 
 
Infringement  
 1. Any person who uses in any form, in whole or in part, a literary, artistic or scientific 
work, or exceeds the limits of the 
authorization granted, without the authorization of the respective author, or 
performer, producer of the phonogram or 
videogram, or the broadcasting organization, shall be guilty of the offense of illegal 
exercise of rights.  
 
2. The following shall also be guilty of the 
offense of illegal exercise of rights:  
 
(a) any person who unlawfully discloses or publishes a work not yet disclosed or published by its author or not intended to be 
disclosed or published, even where he 
presents it as the respective author's work and whether or not he seeks to obtain 
economic benefits;  
 (b) any person who makes a collection or compilation of published or unpublished 
works without the author's consent;  
 
Article 128 
 
Counterfeiting  
 
1. Any person who fraudulently represents or 
uses as his own creation, in whole or in part, a literary, artistic or scientific work, a performer's performance, a phonogram, 
videogram or broadcast program of another 
party shall be guilty of the offense of counterfeiting.  
 
2. Where the reproduction referred to in paragraph 1 represents only a part or 
fragment of the work or performance, only 
that part or fragment shall be deemed to be counterfeit.   
3. For the purposes of verification of 
counterfeiting it shall not be essential for the reproduction to be made by the same 
process as the original, nor need it be of the 
same size or format.   Article 129 
 
Penalties  
 
1. The crimes set down in the preceding 
article shall be public offenses and shall be punishable by a term of imprisonment of up 
to three years or a fine of 100 to 200 days, 
doubled in the case of a repeat offense, provided that the offense in question does not constitute a crime punishable by a more 
severe penalty.  
 2. Mere negligence shall be punishable by a 
fine of up to 100 days.  
 
Article 130 
 
Infringement  of moral  rights  
 
1. The following shall be punishable by the 
penalties laid down in the preceding Article:  
 
(a) any person who unlawfully claims authorship of a literary, artistic or scientific work of another person;  
 
(b) any person who prejudices the authenticity or integrity of a literary, artistic 
or scientific work.  
 2. Criminal proceedings relating to the crimes laid down in this Article shall depend on the 
complaint or participation.  
 
Article 131 
 
Use of  usurped  or counterfeit  works  
 
Any person who imports, sells, offers for sale 
or in any way distributes to the public within 
the territory of the Republic of Cape Verde a 
work that has been usurped or is counterfeit whether the copies in question have been 
produced in the country or abroad, shall also 
be liable to the penalties laid down in Article 130.  
 
Article 132 
 
Criminal  proceedings  
 
In the case of works of folklore or works that 
have fallen into the public domain, the 
complaint shall be submitted by the Government department responsible for 
culture.  
 IP/N/1/CPV/C/1 
 
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 Article 133 
 
Attachment  and loss of objects  related  
to the commission  of an offense 
 
1. Copies of works illegally used or infringed 
shall always be seized, whatever the nature of the work and the form of infringement, 
together with the corresponding material 
packaging, the machines, or other instruments or documents suspected of being used or being intended for use in committing 
the offense.  
 
2. The fate of all the objects seized shall be fixed in the final judgment, whether or not an 
application has been made, and when it has been proven that they were intended for use o r  w e r e  u s e d  i n  t h e  o f f e n s e ,  a n d  t h e y  s h a l l  
be considered to have been handed over to 
the State and the copies shall automatically be destroyed without any right to 
compensation.  
 3. In cases of flagrante delicto , the police 
and administrative authorities shall be 
competent to seize the copies.   
Article 134 
 
Seizures  
 
1. The owner of copyright may request of the 
court seizure of the copies of the usurped or 
counterfeit work, whatever the nature of the work and the form of its infringement, as well as of the machines or instruments used for 
their reproduction or communication.  
 2. The seizure shall always be ordered by 
judicial authority, and the police and 
administrative authorities shall be competent to perform this.  
 
Article 135 
 
Civil liability  
 
Civil liability derived from infringement of the 
rights provided for in this Law shall not be dependent on the criminal proceedings to 
which it gives rise, although it may be 
exercised in conjunction with criminal action.  
 Article 136 
 
Preventive measures  
 
Without prejudice to the exercise of civil or 
criminal action, the holder of copyright 
related to a literary, artistic or scientific work may request from the judicial, administrative 
or police authorities of the place in which 
infringement or the threat of infringement of copyright has been ascertained, the immediate suspension of any performance or 
other form of communication to the public of 
the work that is being carried out without his due authorization.  
 
Article 137 
 
Proof  of infringement  
 
Under the terms of the Code of Criminal 
Procedure, the contributions made by police officials or by sworn agents of the 
organizations referred to in Article 138 shall 
be authentic.  
 
TITLE V 
 
FINAL  PROVISIONS  
 
Article 138 
 
Management  organization  
 
1. The management of the economic and 
moral rights considered in this Law may be 
entrusted to public and private authors' 
organizations granted the power, on behalf of and in representation thereof, to grant the 
necessary authorizations for the use and 
exploitation of their works, to establish the fees and proceed with the collection of the related royalties and their distribution to the 
respective holders, defend the moral rights, 
monitor compliance with the law, identify infringements of the law and request 
appropriate action from the courts.  
 
2. The Government department responsible 
for the culture sector shall carry out 
administrative supervision of collective 
management activities, in the sense of guaranteeing transparency and applying fair 
collection and distribution criteria for the 
amounts collected, for the benefit of authors and in the public interest, under terms to be 
regulated.  IP/N/1/CPV/C/1 
 
- 34 - 
 
 
  
Article 139 
 
Revocation  
 
Law No. 101/IV/90 of December 29 is hereby 
revoked.  
 
Article 140 
 
Entry  into force  
 This Ordinance shall enter into force 
immediately.  
 Seen and approved by the Council of 
Ministers.  
 José Maria Pereira Neves -  
Manuel Monteiro da Veiga  
 - Fátima Maria Carvalho Fialho - Marisa Helena do Nascimento Morais  
 
   
 
  
 
  
 
   
 
 
Promulgated on April 24, 2009   
Published hereby.   The President of the Republic,  
PEDRO VERONA RODRIGUES PIRES.  
 Ratified on April 24, 2009  
 
 Prime Minister, José Maria Pereira Neves   
 
__________