The copyright law grants an exception specific to news. Art. 37 is headed "news" and frees use connected with current events.
The Content of the Rule
Under the article, in connection with current events and in the nature of news, extracts from works may be taken onto means serving the transmission of signs, sound and/or image, and those may be reproduced, disseminated and performed.
| Element | Content |
|---|---|
| Context | Being connected with current events |
| Character | Being in the nature of news |
| Scope | Not exceeding the scope of information |
| What is freed | Taking, reproducing, disseminating and performing |
Two General Limits
The measure repeated in the article is the general limit of copyright law: the freedom must not, without justified reason, harm the legitimate interests of the rightholder and must not conflict with the normal exploitation of the work.
Where Is It Useful in Journalism?
- Using short footage when reporting on an event
- Quoting from a statement
- Where the work itself is the subject of the story - a prize-winning book, a debated film - using extracts to the extent of introducing it
- Conveying newsworthy sections in audio and video content
A Separate Regime in Sports Broadcasting
A similar logic exists in Law No. 6112 for audiovisual broadcasts: the short reporting right governs the use of short extracts for news purposes by organisations that do not hold exclusive broadcasting rights. We cover it in the short reporting right guide.
How It Differs from Art. 36
| Article | What it frees | Scope |
|---|---|---|
| Art. 36 | Newspaper contents - daily news, articles and columns | Press content |
| Art. 37 | Extracts from works - connected with current events, in the nature of news | Works of every kind |
| Art. 35 | Quotation - for scientific and literary purposes | Scientific/literary use |
| Art. 40 | The filming of works placed in public places | Works of fine art |
We cover the other articles in the newspaper contents guide, the quotation guide and the freedom of panorama guide.
Do Not Skip the Source
Benefiting from the exception does not give a freedom to omit the source. Art. 24 of Law No. 5187 separately punishes republishing news, articles and pictures published in a periodical without citing the source.
A Pre-Publication Check
- Is the use connected with a current event?
- Does the extract used exceed the scope of information?
- Does it obstruct normal exploitation of the work - will the audience settle for your content instead of going to the original?
- Have the source and the author been stated?
- If it is agency content, what does your subscription contract say?
Summary
- Art. 37 allows extracts from works to be taken, reproduced and disseminated in connection with current events and in the nature of news, without exceeding the scope of information.
- The freedom is subject to two general limits: not harming the legitimate interests of the rightholder and not conflicting with the normal exploitation of the work.