Quotation Exception

The quotation exception is one of the most frequently invoked copyright exceptions. LIAW Article 35 permits quotation from a work without consent under certain conditions.

Statutory Cases (LIAW Article 35)

• Including some sentences and passages of a published work in an independent scientific or literary work
• Including themes, motifs, passages and ideas from a published composition, at most, in an independent musical work
• Including published works of fine art and other published works in a scientific work, to the extent justified by the purpose and to illustrate its content
• Showing published works of fine art in scientific conferences or lectures to illustrate the subject

Common Conditions

• Independent work: The work containing the quotation must itself be an independent work; the quotation must remain ancillary.
• Proportionality: The quotation must not exceed what the purpose requires.
• Identifiability: It must be clear that the material is quoted. In scientific works, the title of the work, the author’s name and the place quoted must be indicated.
• Narrow interpretation: Exceptions are interpreted narrowly so as not to unjustifiably prejudice the author’s legitimate interests or conflict with normal exploitation of the work.

Digital Content

The LIAW’s quotation provisions were written before digital content. Reaction, review or criticism uses in social media videos are assessed within this framework; courts look at the length of the excerpt, the original contribution of the new content and any commercial purpose. See our article Assessment of the Quotation Method in Videos Published on Social Media.

Exceeding the Exception

If the conditions are not met, the use infringes economic rights. The right holder may seek cessation, damages and up to three times the fee under LIAW Article 68. It is generally not possible to rely on the quotation exception for advertising and promotional uses.