The two provisions are often read as if they clashed. In fact they answer different questions.
What Each Article Is About
| Article | Its question | What it protects |
|---|---|---|
| Law No. 5846 Art. 36 | May I quote? | The public interest in receiving news, against the author's rights |
| Law No. 5187 Art. 24 | What makes it an offence? | The labour and the right of the periodical |
What Art. 36 Says
- Daily news and reports published by the press or radio may be freely quoted.
- Articles and columns on social, political or economic current affairs may be taken unless the right of quotation has been expressly reserved.
- Even where it has been reserved, they may be taken in abridged form as a press review.
- In every case the source is shown: the name of the newspaper, magazine or agency, the date and issue, and the names, pen names or marks of the authors.
What Art. 24 Says
The article punishes two acts:
| Act | Penalty band |
|---|---|
| Republishing news, articles and pictures published in a periodical without citing the source | The lower band |
| Republishing such works without the permission of the owner of the periodical despite the right of republication being reserved | The higher band |
How Do the Two Texts Fit?
| Common measure | Law No. 5846 Art. 36 | Law No. 5187 Art. 24 |
|---|---|---|
| Reserving the right | May be taken unless reserved; only a summary where reserved | Where reserved, republication without permission carries a heavier penalty |
| Citing the source | Mandatory in every case | Failing to cite is an offence in itself |
| Daily news | May be freely quoted | The duty to cite the source continues |
The Practical Consequence: Three Questions
- What is the content? Daily news, a column or a photograph?
- Has the right been reserved? Has the target publication expressly reserved the right of quotation/republication?
- Has the source been written? The publication, the date, the issue and the author.
For Your Own Publication
The texts also offer you an opportunity: reserving the right expressly. If you expressly reserve the right of quotation and republication in your columns and exclusive stories:
- Under Art. 36 your pieces cannot be taken verbatim - only a press review may be made.
- Under Art. 24 republication without permission falls into the higher penalty band.
Images and Agency Content
Art. 24 of Law No. 5187 says "news, articles and pictures" - so it covers images too. For agency content a subscription contract also comes into play. We cover this in the republication penalty guide, the agency copy guide and the opinion columns guide.
Summary
- The two provisions do not conflict; they complete each other.
- Art. 36 determines what may be taken: daily news freely, articles and columns unless the right is reserved, and only a press review where it is.
- Art. 24 punishes republication without citing the source and republication of reserved content without permission.
- Citing the source is mandatory under both texts.