Rus Articles Journal

How it is correct to quote?

By the general rule, the Law of the Russian Federation About copyright and allied rights allows use of the work which is object of copyright, only his author or other owner. However there is a possibility of use of work without consent of the author and without payment of award - by citing.

What works can be used when citing? Until recently there was an opinion according to which citing was understood only as use of someone else`s literary work in other literary work, in a written or oral form.

Now the circle of objects of copyright is not limited only to literary works, and the institute of citing was extended from the legal point of view in general to objects of copyright. Video fragments, fragments of pieces of music, photos, drawings, works of architecture etc. can be quoted. By the way, word quote occurs from Latin cito i.e. I call in witnesses .

Act of the Russian Federation About copyright and allied rights does not limit a circle of the quoted works, however indicates the need of observance when citing several conditions:

1. When citing the name of the author of the quoted work and a source of loan have to be specified.

2. Citing has to be carried out in the scientific, research, polemic, critical or information purposes (for this reason use of a fragment of work admits advertizing by copyright infringement).

3. Legally published work has to be a source of citing.

4. The volume of citing has to be justified by the citing purpose. At the same time the question of volume - is quite difficult, and has to be solved taking into account concrete circumstances.

5. The fragment of work has to be used in the original or in translation, but not in the form of other any processing. This condition does not allow to recognize as the quote fragments of photos, drawings with the additional elements applied on them.

In conclusion it would be desirable to note that use when citing literary texts of quotes is only a tribute of tradition, the rule of spelling, a way of isolation of the quote from thoughts of the author, but not the requirement of the law.