This is the widest freedom copyright law grants the press. Art. 36 of Law No. 5846 is headed "newspaper contents" and separates two different kinds of content.
First Rule: Daily News Is Free
Under the article, daily news and reports published by the press or radio may be freely quoted.
Second Rule: "Reserving" for Articles and Columns
A different regime applies to articles and columns on social, political or economic current affairs published in newspapers or magazines: unless the right of quotation has been expressly reserved, such writings may be taken by other newspapers and magazines, verbatim or with changes, and published by radio or other means.
| Content | Rule |
|---|---|
| Daily news and reports | May be freely quoted |
| Articles and columns on social, political and economic current affairs | May be taken unless the right of quotation has been expressly reserved |
| Where the right of quotation has been reserved | Cannot be taken verbatim - but a press review may be made |
Third Rule: A Press Review Even Where Reserved
The article contains a further safeguard: even where the right of quotation has been reserved, the articles and columns in question may be taken in abridged form as a press review and published by radio or other means.
We cover this in the press review guide.
The Source Must Always Be Shown
The article imposes a duty to show the source in all these cases. What must be stated:
- The name of the newspaper, magazine or agency quoted
- Where it was taken from another source, the name of that source
- The date and issue number
- The names, pen names or marks of the authors
The Counterpart in the Press Law
Art. 24 of Law No. 5187 provides a penalty in the same field: those who republish news, articles and pictures published in a periodical without citing the source, and those who republish them without the permission of the owner of the periodical despite the right of republication being reserved, are punished; the penalty is higher in the second case.
We cover the relationship between the two texts in the copyright versus press law guide.
What Should a Publication Do?
- If you want to reserve the right of quotation for your own columns, say so expressly - in the imprint and under the piece.
- When quoting, check whether the target publication carries such a reservation.
- In every case write the name of the publication, the date, the issue number and the author's name.
- Separate daily news from a column: the two are not subject to the same regime.
- Think separately about photographs and images; Art. 36 concerns text content.
The Position with Agency Content
Agency content is additionally subject to a subscription contract. The limits arising from the contract operate independently of the statutory freedom.
Summary
- Daily news 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 is expressly reserved; where it is, only a press review may be made.
- In every case the name, date and issue of the source publication and the author's name are stated.