Collection of quotes
A quote book is a collection of quotes .
The most important German-language collection of quotations is the Büchmann . In 1864, Georg Büchmann published the collection “ winged words ” for the first time , which has since been continuously updated in more than 40 editions.
There are countless online projects on the Internet that collect quotations from more or less well-known personalities. The Wikimedia project Wikiquote operates on a wiki basis and aims to create a free collection of quotations in various languages.
Collections of quotations in copyright law
In many cases, sayings by celebrities have not reached the level of creation required by copyright . The situation is different with quotes from literary works whose author is less than 70 years dead ( standard protection period , e.g. for aphorisms ).
The right to quote does not allow the publication of a mere collection of quotes without the consent of the rights holder. This was decided by the Federal Court of Justice in its judgment of September 22, 1972 ( Az . I ZR 6/71 = GRUR 1973, 216 - Handbook of modern quotations). The guiding principle was:
For the inclusion of copyright-protected text passages in a so-called collection of quotations, in which the personal contribution of the editor of such a compilation is essentially limited to the selection and structure of the borrowed text, the permission of the copyright holder for the borrowed text passages is required .
Although the judgment is already (2006) over 30 years old (and the Higher Regional Court of Hamburg had previously ruled quite differently), neither the more recent case law nor the legal commentary literature indicates a deviation from the principle established at the time. This was also emphasized by a brief report prepared for Wikimedia .
In 1990 the Munich Higher Regional Court ruled the 6th civil senate with a judgment of January 11, 1990 (Az .: 6 U 5807/89):
1. UrhG § 51 No. 2 is to be interpreted strictly as an exception rule. According to this provision, quotations are permitted if the passage in a work is cited in a separate linguistic work after publication, i.e. i.e. it must be an independent work i. S. von UrhG § 2 Abs. 1 and UrhG § 2 Abs. 2 and a language work i. S. von UrhG § 2 Abs. 1 Nr. 1 are available. 2. If individual quotations are placed side by side as articles without any connecting texts in a special issue of a monthly newspaper, the quoting work as a collective work is not independent, but depends on the work cited. This dependency can be seen (here) in the fact that the quotations are used as contributions to the magazine in the sense of independent contributions by individual authors to a journal. (NJW 1990, 2003-2004)
In the draft bill for the second basket of the copyright reform passed by the Federal Cabinet, Section 51 now states: The reproduction, distribution and public reproduction of a published work for the purpose of quoting is permitted, provided that the scope of use is justified by the particular purpose . This would certainly not mean a general release of collections of quotations, although non-commercial projects with a clear educational mandate might benefit from it.
At the end of 2003, quite a few quotation pages on the Internet were confronted with legal measures by the rights holders of the works of Erich Kästner (public domain from January 1, 2045); In 2008 warnings due to quotes from Karl Valentin (public domain from January 1, 2019) became known.
Individual evidence
Web links
- Link catalog on the subject of quotes collection at curlie.org (formerly DMOZ )
- Text of the BGH judgment on Wikisource
- SELECTED LEGAL ASPECTS OF CONTRIBUTIONS FOR WIKIPEDIA
