[x-pubpol] EU: Right of Quotation

[Joly MacFie]

http://the1709blog.blogspot.com/2012/09/consumers-in-digital-age.html


The Memorandum of Understanding Concerning the Interpretation of the Right
of Quotation is an intriguing proposition. This initiative was sparked off
by a meeting of stakeholders held at the European Parliament in May 2012,
at which several participants indicated their support for the development
of a memorandum of understanding between rights-holder representatives and
consumers on a modern interpretation of the quotation limitation to
copyright.

This draft of such a memorandum has been prepared for *Consumers
International <http://a2knetwork.org/glossary/term/64>*by Martin Senftleben
(Professor of Intellectual Property, VU University Amsterdam, and Senior
Consultant to Bird & Bird, The Hague).

The rubric accompanying Version Zero (which you can read below) states that
a future face-to-face meeting to finalise the memorandum is planned but not
yet scheduled.  Consumers of other people's quotes -- and that includes
most serious legal bloggers -- are invited to add their comments on the
text below, where they will be taken into account in the development of the
agreed version 1.0 of the memorandum. The draft memorandum can be
downloaded as a PDF
*here<http://a2knetwork.org/sites/default/files/memorandum_on_quotations.pdf>
*; Professor Senftleben's commentary can be downloaded
*here<http://a2knetwork.org/quotation-memo>
*.

This blogger is certainly in sympathy with the aims listed in the
Memorandum's Preamble, though he must confess that, in his entire career as
an academic, a writer, a publisher and a blogger, he has never been
challenged in the use which he has made of any of quotations. It would be
good to know how substantial the problem is.

 *Memorandum of Understanding Concerning the Interpretation of the Right of
Quotation*
Version zero, September 2012
 *Preamble *[commentary <http://a2knetwork.org/quotation-memo#preamble>]
The Signatories,
 *Acknowledging* the outstanding significance of the protection of
copyright and related rights as an incentive for investment in the creation
and dissemination of literary and artistic works,
 *Acknowledging* the mandatory nature of the right of quotation,
 *Recognizing* the need to carry forward and appropriately extend the right
of quotation into the digital environment,
 *Recognizing* the fundamental role of the right of quotation in
safeguarding freedom of expression and freedom of information,
 *Recognizing* the need to maintain a balance between these freedoms and
the protection of copyright and related rights,
 *Seeking* to reduce legal uncertainty as to the scope and reach of the
right of quotation,
 *Seeking* to contribute to the consistent application of the right of
quotation across EU Member States,
 Have agreed on the following
 *Guidelines*
*Concept of quotation* [commentary <http://a2knetwork.org/quotation-memo#1>]

   1. The term "quotation" is to be given a broad meaning, in the sense of
   a reference to protected material not necessarily requiring a description,
   comment or analysis.

 *Quotation purposes *[commentary <http://a2knetwork.org/quotation-memo#2-5>
]

   1. Quotations are permissible for the purposes of criticism, comment and
   review.


   1. Quotations shall be permissible for the purpose of including
   pre-existing protected material in a new cultural creation, such as
   user-generated content.


   1. Quotations shall be permissible in the context of an announcement,
   such as the display of protected material to inform users about contents
   available on the internet.


   1. Quotations shall also be permissible for comparable purposes, in
   particular for safeguarding freedom of expression and freedom of
   information, and for scientific and educational purposes.

 *Categories of works *[commentary<http://a2knetwork.org/quotation-memo#6-7>
]

   1. The right of quotation shall apply to all categories of literary and
   artistic works, and other protected subject matter.


   1. In the application of the rules governing quotations, no difference
   shall be made between the categories of works or other subject matter
   involved.

 *Extent of the taking *[commentary<http://a2knetwork.org/quotation-memo#8-11>
]

   1. Quotations shall not be restricted to the taking of small or short
   portions of protected material.


   1. However, the taking shall only be permissible to the extent justified
   by the purpose. In ascertaining this extent, the following factors shall be
   taken into account:
    1. the purpose and character of the use, including whether such use is
      of a commercial nature and takes place in a professional context,
       2. the nature of the protected material,
       3. the amount and substantiality of the portion used in relation to
      the individual protected material as a whole,
       4. the effect of the use upon the potential market for or value of
      the protected material.
        2. In particular, a quotation shall not be permissible if it
   substitutes the underlying protected material.


   1. A quotation shall not be deemed impermissible, however, because its
   critical content has a negative impact on the marketing of underlying
   protected material.

 *Rights and remuneration*
[commentary<http://a2knetwork.org/quotation-memo#12-14>
]

   1. The right of quotation constitutes a general exemption from
   infringement, in particular with regard to the right of reproduction and
   the right of communication to the public, including the right of making
   available on the Internet.


   1. It shall be permissible to make quotations without being obliged to
   pay fair compensation.


   1. However, the further dissemination of material including quotations
   may be subject to the payment of equitable remuneration if the revenue
   accruing from that dissemination, to a large extent, is due to the quoted
   works or other subject matter.

 *Requirements *[commentary <http://a2knetwork.org/quotation-memo#15-17>]

   1. Quotations are only permissible from material that has already been
   lawfully made available to the public.


   1. Unless this turns out to be impossible, the source, including the
   author's name, is to be indicated.


   1. For quotations to be permissible, it is not required that the
   material incorporating the quotations enjoys protection itself.



-- 
---------------------------------------------------------------
Joly MacFie  218 565 9365 Skype:punkcast
WWWhatsup NYC - http://wwwhatsup.com
 http://pinstand.com - http://punkcast.com
 VP (Admin) - ISOC-NY - http://isoc-ny.org
--------------------------------------------------------------
-
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.isoc-ny.org/pipermail/x-pubpol-isoc-ny.org/attachments/20120924/bb2ea75d/attachment-0001.htm>