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1 results

  • 5 - Article 10(1) Berne: The Meaning of Quotation

  • Tanya Aplin, King's College London, Lionel Bently, University of Cambridge
  • Book:
    Global Mandatory Fair Use
    Published online:
    26 October 2020
    Print publication:
    05 November 2020, pp 83-139

  • Summary

    We turn now to the important question of what constitutes a ‘quotation’. Clearly, the breadth of the concept of ‘quotation’ will affect the scope of any quotation exception and so it is vital to identify what can be characterised as quotation. Our central argument in this chapter is that the concept of ‘quotation’ in Article 10(1) is far wider than the ‘typical’ case of textual quotation and that the attributes of ‘typical’ quotation must not be elevated to conditions for the availability of the exception.