Streaming platforms under Portuguese copyright law

Abstract

The article outlines the regulation of streaming platforms under Portuguese copyright law, against the background of EU legislation and case law. Its purpose is not merely to provide a description of how streaming platforms are regulated in Portugal, but also to highlight some of the specificities of the Portuguese approach to combating online copyright infringement. Throughout the article, reference will be made to three types of online platforms, which are broadly included under the general category of “streaming services”: (i) “legal streaming services,” which grant access to catalogs of music or audiovisual works with the authorization of the respective rightholders; (ii) “semi-legal streaming services,” specifically online content-sharing services that, at least before the Copyright in the Digital Single Market Directive, did not require the authorization of rightholders due to their eligibility for the hosting safe harbor; and (iii) “illegal streaming services,” covering not only streaming platforms where content is made available without the permission of rightholders, but also all those platforms whose main purpose is to facilitate copyright infringement, even if they do not resort to streaming technology, including popular torrent aggregators like The Pirate Bay.