In copyright law quotation is free but conditional. Art. 35 of Law No. 5846 on Intellectual and Artistic Works lists the cases in which quotation is permissible.
When Quotation Is Permissible
The article lists the situations in which quoting from a work is permissible. Those that stand out for journalism:
- Taking some sentences and paragraphs of a published work into an independent work of science or literature
- Taking parts such as themes and motifs from a published musical work
- Placing published works of fine art and other published works into a scientific work, within a proportion the purpose justifies and in order to illuminate the content
- Displaying published works of fine art in lectures and lessons for educational purposes
Two Conditions
| Condition | Content |
|---|---|
| The quotation must be identifiable | Where the quotation begins and ends must be distinguishable - quotation marks, a block quote, italics |
| The source must be shown | The name of the work and of its author must be stated |
The Measure: "A Proportion the Purpose Justifies"
The article sets no quantitative limit - no "so many words", no "such a percentage". The measure is fitness for purpose: the quotation must be to the extent the purpose of the use justifies.
In Journalism the Real Basis Is Other Articles
Art. 35 is more for scientific and literary use. In journalism two further articles come into play and grant a wider freedom:
| Article | Subject | Guide |
|---|---|---|
| Art. 36 | Newspaper contents - daily news and articles | the newspaper contents guide |
| Art. 37 | News - using parts of a work in connection with current events | the news exception guide |
| Art. 40 | The filming of works placed in public places | the freedom of panorama guide |
The Parallel Provision in the Press Law
Art. 24 of Press Law No. 5187 brings a separate sanction in the same field: those who republish news, articles and pictures published in a periodical without citing the source, and those who republish such works without the permission of the owner of the periodical despite the right of republication being reserved, are punished.
Practical Rules
- Set the quotation apart visually - quotation marks or a block quote.
- Write the source and the author.
- Do not let the quotation stand in for your own contribution.
- A separate regime applies to images: quoting a photograph is not the same as quoting text.
- For agency content your subscription contract is decisive.
We cover the debate on extent in the quotation length guide and the form of source attribution in the source attribution guide.
Summary
- Art. 35 makes quotation free in certain cases and on two conditions: that it be identifiable and that the source be shown.
- There is no quantitative threshold; the measure is a proportion the purpose justifies.
- In journalism the real basis is Arts. 36 and 37.