Picture quote

from Wikipedia, the free encyclopedia

In copyright law, a picture quotation is the quotation of a picture protected by copyright.

Germany

In scientific (and popular scientific) works, the capital quotation is permissible according to § 51 UrhG .

For a long time, however, the large small quotation , which was not covered by the wording of the law until December 31, 2007 (No. 2: it is permissible to cite passages of a work in a separate language work after publication ), has been recognized in case law.

The prerequisite is that the image is not changed and that the source is correctly cited . The Berlin Regional Court issued an injunction (order, Photonews 4/2000, 12), which concerned a black and white photo from the Book of Odessa that had been slightly cropped and colored blue by the Tagesspiegel. The newspaper was forbidden to publish it: "A quotation requires a quotation purpose and an examination of the image in the text, whereby the image may only be published unchanged and with the correct indication of the source or author."

Austria

In Austria, too, the corresponding loophole in the law was closed by the Supreme Court in 2000 with a decision on the admissibility of image quotations: “The regulation of the right to quotation does not do justice to the fact that in the interests of freedom of expression, an image quotation can be just as necessary as the reproduction of individual parts of a picture Linguistic work and also the intellectual debate can serve as the quotation of entire pictures in scientific works. "

Switzerland

Image quotations are not expressly regulated in the Swiss Copyright Act (URG). Art. 25 quotations from the Copyright Law reads:

  1. Published works may be quoted if the quotation is 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.

In the commentary on the URG by Barrelet / Egloff (3rd edition, 2008) the opinion is expressed that works of the visual arts are “the only exception” to this right to quote. According to Barrelet / Egloff, "paintings, caricatures, graphics and other pictorial representations" may not be reproduced as quotations either. You justify this with the development of the determination; the legislature had been convinced by the collective exploitation of the right to reproduce works of fine art that a right to quote was not necessary for them. On the other hand, Studer / Blum / Schweri write in “Copyright for Media Professionals in Switzerland” (2007) that image quotations must be possible for the purpose of the legal quotation order. They expressly state that Ivan Cherpillod in vol. II / 1 of "Swiss Intellectual Property and Competition Law" (SIWR, 2nd edition, 2005) contradicts Barrelet / Egloff "rightly" (it is referred to the 2nd edition published in 2000). Edition of the Barrelet / Egloff commentary) and quote Cherpillod with the sentence "The quotation of works of the visual arts, for example in a historical work, is by no means excluded."

France

According to Art. L. 122-5 3 ° a) CPI, the author cannot prohibit analyzes and short quotations that are justified by the critical, polemical, educational, scientific or informational nature of the work in which they are inserted. According to the classical view, this freedom of quotation only includes literary works and therefore no image quotations; In the literature and, more recently, also in the case law, this narrow view is partially opposed and such a restriction of types of work is rejected.

literature

  • Wolfgang Maaßen: image quotations in court decisions and legal publications . In: Journal for Copyright and Media Law (ZUM) . 2003, p. 830-842 .
  • Thomas Hoeren: Internet law . Ed .: Institutes for information, telecommunications and media law at the University of Münster. Münster September 2009, p. 150–155 ( uni-muenster.de [PDF; 3.2 MB ]).
  • Michael Veddern: Multimedia law for university practice . 2nd revised and expanded edition. Hagen 2004, p. 73-77 ( callnrw.de [PDF; 900 kB ]).

Web links

Individual evidence

  1. ↑ Newsletter ( Memento of the original from December 20, 2004 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Fotorecht.de, April 2001 (accessed March 9, 2007)  @1@ 2Template: Webachiv / IABot / www.fotorecht.de
  2. ↑ Denis Barrelet, Willi Egloff: The new copyright . Commentary on the Federal Law on Copyright and Related Rights. 3. Edition. Stämpfli, Bern 2008, ISBN 978-3-7272-9563-8 , p. 190 .
  3. ↑ Peter Studer, Béatrice Blum, Yolanda Schweri: Copyright for media professionals in Switzerland . In: Stefan Haupt (Hrsg.): Copyright for media professionals in Germany, Austria and Switzerland . Orell Füssli, Zurich 2007, ISBN 978-3-280-07130-4 , p. 292 .
  4. ↑ Vivant / Bruguière, Droit d'auteur et droits voisins , 3rd ed. 2016, Rn. 641. For an open interpretation with privileges for all types of work, see also Caron, Droit d'auteur et droits voisins , 5th ed. 2017, marginal no. 376; Gautier, Propriété littéraire et artistique. 9th edition 2015, marginal no. 353.