Acórdão nº 079712 de Supremo Tribunal Administrativo (Portugal), 20 de Dezembro de 1990 (caso None)
Magistrado Responsável | RICARDO DA VELHA |
Data da Resolução | 20 de Dezembro de 1990 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR PROC CIV. DIR AUTOR.
LegislaÁ„o Nacional: CPC67 ART401. CDA85 ART1 N2 ART2 N1 F ART4 N1 ART7. CPI40 ART212.
Sum·rio : I - S„o requisitos de decretamento de uma providencia cautelar n„o especificada: a) A probabilidade seria da existencia do direito ameaÁado (aparencia do direito); b) O fundado receio de que outrem cause les„o grave e de dificil reparaÁ„o a esse direito (perigo de insatisfaÁ„o do direito aparente); c) A n„o existencia de procedimento especifico para acautelar o direito; d) N„o resultou da providencia prejuizo superior ao dano que com ela se pretende evitar. II - As obras televisivas podem ser objecto de criaÁ„o intelectual e, como tal, alvo de protecÁ„o nos termos do Codigo do Direito de Autor. III - Para que uma obra televisiva revista a natureza de uma criaÁ„o intelectual, e necessario que represente o produto do esforÁo criador de uma pessoa, reflectindo em maior ou menor grau a sua personalidade e que haja exteriorizaÁ„o desse esforÁo criador. IV - Representando a obra televisiva um programa de...
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