The Concept of “Quoting” in the Modern Era

Abstract

The case law on the application of the Civil Code provisions related to quoting contains two directly opposite views. On the one hand, the courts proceed from a literal, etymological understanding of quotation, assessing it as a literal borrowing of some parts of another’s text. On the other hand, they allow a broad interpretation which leads to the recognition that works other than literary ones may be quoted. This state of things is obviously not conducive to the formation of correct and uniform practice in intellectual property disputes. The article assesses quotation as a method of free use of only literary works through the prism of differences between quotation and illustration. It also raises questions about the legal nature of other forms of interaction of works that are often mistakenly regarded as quotation. A brief analysis of court practice on the permissible scope of quotation is given.