Right to quote
Copyright exception under the Berne Convention
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Through Quotation
Implementation
National legislations usually embody the Berne Convention limits in one or more of the following requirements:
- the cited paragraphs are within a reasonable limit (varying from country to country),
- clearly marked as quotations and fully referenced,
- the resulting new work is not just a collection of quotations, but constitutes a fully original work in itself.
In some countries the intended use of the work (educational, scientific, parodist, etc.) may also be a factor determining the scope of this right.
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Europe
The right to quote is especially important in continental Europe copyright law, where it covers some of the practices known elsewhere as fair dealing. European jurisprudence is gradually extending the number of uses permitted under the right to quote, with some limits.
France
In France, it is illegal to reproduce someone's work without their approval. But if the work is published, i.e. no longer being edited prior to release, small quotations are legal.
Germany
In Germany, the right to quote is extended considerably for research purposes and may even encompass complete works (e. g. texts, pictures, music or videos).
Poland
In Poland, the right to quote allows quotation of excerpts of works and small works as a whole, provided that this is justified by teaching, review, explanation or caricatural motivation. Such use can be also justified by polemic or critical analysis of the work. In order for the use to be lawful, the user has to mention the name and surname of the author and the source. Additionally, such use cannot interfere with the legitimate interests of the author and exceed the normal exploitation of the work being quoted. However, typically, the author of the work is not entitled to remuneration for quotation.