Music quote
The music quotation is a special form of the small quotation and describes the integration of individual parts of a piece of music into a new work.
use
The quote has been common in music since ancient times and has been seen as a homage until the very recent modern times . It can be found from musical hints to complete arrangements. It did not move into the focus of copyright law until the 20th century.
The regulation for the use of a music quotation stipulates that the taken over parts of another work must be clearly recognizable within a new composition. Accordingly, it must always be long enough for the listener to be able to clearly identify and assign the foreign elements. At the same time, the limits of the right to quote for the small quotation must be adhered to, i.e. the passages must not be too extensive so that there is no unreasonable impairment of the interests of the author.
As with other forms of quotation, the works in which a musical quotation is incorporated must also have an independent work character. Quoted passages must be clearly referenced. The variation of a piece of music is not protected by the right to quote and must be differentiated accordingly from the music quote, as this is not an unchanged quote. In this case, the melody protection applies (for example according to German § 24 UrhG). The quoted passage must therefore not be fundamental for one's own work.
National
Germany
The use of the music quotation in pieces of music is regulated in Germany by § 51 No. 3, the use in language works (texts, recordings) in § 51 No. 1 and 2 of the Copyright Act.
The German copyright law allows the quotation in § 51 , whereby No. 3 refers to the music quotation in the narrower sense (in separate pieces of music), No. 1 and 2 apply to quotations in general:
- Duplication, distribution and public reproduction are permitted if to the extent required by the purpose
- 1. Individual works are included in an independent scientific work after publication to explain the content,
- 2. Positions in a work are cited in a separate language work after publication,
- 3. Individual passages of a published work of music are cited in an independent work of music.
The prohibition of changes according to § 62 UrhG as well as the obligation to quote the source according to § 63 UrhG apply to the adoption of pieces of music as quotations .
Austria
In Austria the right to quote and thus also the handling of music quotes is regulated by the federal law on copyright in works of literature and art and on related property rights . While both small and large quotations of works of language and of images other than works of fine art are regulated by § 46 UrhG, § 52 UrhG applied here to works of music art :
- Duplication and distribution as well as public performance, broadcasting and public provision are permitted:
- 1. if individual passages of a published work of music art are cited in an independent new work of music art;
- 2. if individual passages of a published work of musical art are cited in a literary work;
- 3. if individual published works of music art are included in a scientific work that is the main focus to an extent justified by the purpose.
In addition to the quotation possible under German law in the context of a musical work and a scientific text, the quotation of a piece of music in the context of a literary work is also permitted here. It is referred to as a musical small quotation and also under Austrian law the justified scope of the quotation must be observed.
However, this Section 52 was repealed in the 2015 amendment to copyright law (Urh-Nov 2015). Instead, § 42f UrhG: was extended:
- A published work may be copied, distributed, broadcast by radio, made available to the public and used for public lectures, performances and demonstrations for the purpose of quoting, provided that the extent of use is justified by the particular purpose. This is particularly permissible if
- 5. Individual passages of a published work are listed in an independent new work.
Switzerland
The Swiss federal law on copyright and related rights regulates the quotation of works in Art. 24, whereby no distinction is made between language and music quotations. There it says:
- 1. Published works may be quoted if the quotation serves for explanation, reference or illustration and the scope of the quotation is justified by this purpose.
- 2. The quotation as such and the source must be identified. If the source refers to the authorship, this must also be stated.
Here, too, music quotations can be used if the scope of the quotation is justified by the purpose and the source is identified.
Quoted phrases
When improvising in jazz , individual phrases are occasionally quoted. Usually these are quotes from pieces of music that the musician has often heard or played. Well-known examples of such phrases would be from Stormy Weather , Cielito lindo , Siboney , La Cucaracha , etc. a. m.
But “classical” composers also liked to quote. For example, Wolfgang Amadeus Mozart quoted (in Don Giovanni ) the Italian composer Giuseppe Sarti , who was also quoted by Antonio Salieri (in “Prima la musica e poi le parole”).
Web links
- Quoted in: Heiko Maus, Lexikon Musikrecht
- COVER.INFO - Comprehensive database of cover versions, medleys, samples and other music quotes
