Copyright and Neighbouring Rights Protection Proclamation, Quotation Exception
Proclamation No. 410/2004, art. 10 (Quotation)
In force since .
A snippet reproduction rule binding private bodies.
What it requires
- You may reproduce a quotation of a published work without the copyright owner's permission, provided the quotation is compatible with fair practice and does not exceed the extent justified by the purpose (art. 10).
- Name both the source and the author when the quotation is taken from a source that carries the author's name.
- A print or online news publisher holds no neighbouring right distinct from its ordinary copyright in its articles, no provision addresses hyperlinking, framing or inline display, and no reported case applies art. 10 to a systematic aggregator.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Open questions
- Does the 'quotation of a published work' that Article 10(1) of Proclamation No. 410/2004 permits cover an aggregator's automated reproduction of excerpts from many works, or only a quotation made by a person drawing on a work in a new one?
- What makes a quotation 'compatible with fair practice' and within 'the extent justified by the purpose' under Article 10(2) when the quotation is a headline and opening lines shown at scale?
- Does Article 10(3) require crediting 'the source and the name of the author' of each item where the item carries a byline, or is naming the publication enough?
What this law does
Article 10 of the Copyright and Neighbouring Rights Protection Proclamation No. 410/2004 provides that the owner of copyright cannot forbid the reproduction of a quotation of a published work. The quotation must be compatible with fair practice and must not exceed the extent justified by the purpose. Where the quotation is taken from a source that carries the author's name, the quotation must name both the source and the author.
Neighbouring rights under the same Proclamation protect only performers, producers of sound recordings, and broadcasting organizations, so a print or online news publisher holds no neighbouring right distinct from its ordinary copyright in the articles it publishes. No provision addresses hyperlinking, framing, or inline display, and no reported case law applies art. 10 to a systematic aggregator rather than an individual quoting a published work.
When LexLint raises it
When your app profile says your app reuses other publishers' content.
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