Copyright is the exclusive right granted to the creator of an intellectual work, over that same creation, through which its holder can freely dispose of it. Related rights are the intellectual creations that arise in association with an intellectual work.
Copyright, or the rights that authors have over their respective works, is recognized independently of registration, deposit or any other formality. In Portugal the IGAC – Inspeção Geral das atividades Culturais (General Inspection of Cultural Activities) is an entity under the Ministry of Culture, which plays a comprehensive role in the area of copyright protection, being responsible for the management and protection of copyright and related rights, as well as the development and supervision of shows and performance venues of an artistic nature.
Copyright in the media is essentially manifested under two forms: the literary work – which materializes in the journalistic text – and the photographic works – which is realized in journalistic photographs.
Both the journalistic text and the journalistic photograph typically appear in one of two ways: either by work contract or by commission. However, for legal purposes, they are equivalent to collective works, and the respective companies own the copyright on them.
Clipping is a service of monitoring, analysis and archiving of mentions made in the various media channels, which are later provided to interested parties who may contract this service.
The discussion on the legality of the Clipping is related with the possible violation of the rights consecrated in the journalistic works. If there is authorization from the newspapers – owners of journalistic works – the Clipping is not considered an illegal act.
The unauthorized use of journalistic works, protected by copyright and related rights, may constitute a crime of usurpation.