Citation in works created by the creative industries

Abstract

Key words: citation, quotation, free use of works, creative industries, copyright, intellectualproperty
 Citation,i.e. the use in the work of small fragments of other works with reference to them, belongsto the traditional copyright exceptions and limitations that contribute to the developmentof science and culture, and free dissemination of information. The Ukrainiansystem of copyright exceptions and limitations is characterized by an exhaustivelist of such cases, so only actions expressly provided by law are allowed. Therefore,free and uncoordinated with the author citation of the work is allowed only in compliancewith the requirements provided by the law.First, the work from which the quotation is used must be lawfully made public, i.e.disclosed to the public with the permission of the author. Citing an unpublished or illegallypublished work constitutes a deviation from lawful conduct and qualifies ascopyright infringement.Second, the length of the passage used must be appropriate to the purpose, whichmay include explaining one's statements or referring to another author’s opinion. Thelimit of the size of a citation, such as the maximum number of words, signs, or secondsof duration, is not established by law. Therefore, the volume of the citation should correspondto the purposes of expressing a particular opinion, providing certain informationor data. Works of fine art, photography and other small works can be cited in partor in full if it is justified by the goal. The use of such works must be absolutely targetedand have a direct connection with the information contained in the work in whichthe citation is given.Third, the excerpt from the work must be given in an authentic formulation thatcorresponds exactly to the original. If a quotation is translated from a foreign language,its use does not require permission but the translation must be correct and accuratelyconvey the author’s thought.Fourth, a quotation can be included only in a work of a critical, polemical, scientific,or informational nature. It should be taken into account that, under Ukrainianlaw, articles and programs of the media are always considered informational objects,so the media can quote other works regardless of the genre of their particular articleor program.Fifth, when citing, it is obligatory to indicate the name (pseudonym) of the authorand the source of borrowing. If the work is published anonymously, it is sufficient tocomply with this requirement by indicating the source of borrowing. Without specifyingthe work and its author(s), the use of a fragment of the work will not be considered citation, and therefore, even if all other requirements are met, the user’s actionswill be regarded as copyright infringement.In general, when quoting, it should be remembered that it must be carried out instrict accordance with the requirements established by law. Users are not given theright to determine which of these requirements may not be met because only theircombination determines the boundaries of permissible and allowed behavior in thefree use of works.