Limits to the freedom to cite
The basic rule is: a quotation is always permitted,
- if it serves a specific citation purpose,
- this purpose also justifies the scope of the citation,
- the third party work or the third party part of the work is not altered,
- and the source is correctly indicated.
Citation Purpose
The purpose of the citation requires that there is a connection in terms of content between the citing own work and the cited foreign work. This connection is always given if the quotation underlines or explains one's own remarks or if one's own remarks deal with the quoted work.
It is therefore best to always ask yourself the following question: does the quotation serve to explain the content of my own work?
A misuse of a quotation occurs when the quotation embellishes or illustrates the author's own work, but is superfluous for the understanding and explanation of the author's own work. However, even if a quotation is only used to save one's own explanations, there is no privileging purpose of the quotation.
Citation Scope
The author's own work must be in reasonable proportion to the cited work. There are no concrete guidelines as to when the limits of appropriateness are exceeded. The limits arise in each individual case from the respective didactic context.
In any case, the limits of the scope of quotation are exceeded if one's own work is no longer in the foreground. This would be the case, for example, if the author's own work consisted exclusively of quotations or, in other words, exclusively of a compilation of third-party content.
Correct Source Reference
A citation must reflect the source in the correct form. In concrete terms, this means that each quotation must be marked in detail with the source and the name of the author.
Of course, there are different citation methods depending on the discipline, so here is just an example:
Mustermann, Martin (ed.): Der Eiweißverbrauch des Maikäfers im Rückwärtsflug, 1st edition, Frankfurt am Main 2011, Käfer-Verlag
The citation rules of one's own community must be observed. In the case of interdisciplinary work, it is sufficient to comply with the rules of one's own community, then the rules of the other community can be violated.
Increased Claim for Image Citations
Since the use of images leads to the suspicion that they are merely used for decoration or illustration, the central question applies here in particular:
Does the image quotation serve to explain the content of my own work? Is it necessary for this purpose or does it only have an illustrative function?
As there is an extensive grey area on this issue, where no one can predict exactly how a conflict with the rights holders would be decided, it is advisable to give preference to images for which you have permission or a licence (see ). How can I acquire rights of use?
There are now many photo portals and , to find images that have been published under a Creative Commons (CC) licence. image search options on the internet generally allow for further use – under certain conditions. Creative Commons (CC) licences
Challenges with Film Quotes
The internet offers an unmanageable amount of videos for streaming or downloading. Youtube is an almost inexhaustible source. However, this source has some shoals that must be well navigated around. A large part of the videos on Youtube were uploaded by people who are not rights holders. The upload was illegal. The Youtube licences granted are in many cases ineffective empty licences. Those who have no rights cannot pass them on to others. It is often very difficult for users to determine whether a video was allowed to be uploaded or not.
Links offer a way out of this dilemma. A link does not create a copy, but merely points to another place where the video was published. Even if it is unclear whether a video was allowed to be uploaded, one may set a link. However, the link must be set openly. Framing (also known as “embedding” with the help of an “embed code”) gives the impression of showing one's own material and the legal leeway falls away. Only the open setting of links gives more possibilities.
When setting links, however, a limit must be observed: if a link would point to an obviously illegal source, it must not be set (e.g., all Harry Potter films for free). Obviously illegal sources are those where everyone knows: “That's not possible.”