Key Features of the Right to Quote in Austria

The Right to Quote in Austria

The reproduction of published extracts, images, figures, etc in theses is subject to the right to quote (Zitatrecht) pursuant to § 42f of the Austrian Copyright Act (UrhG).

This provision regulates the conditions under which copyrighted works may be quoted without the permission of the rights holder (eg the author of the original work). It allows the use of excerpts from works for specific purposes without constituting a copyright infringement.

Key Features

1. Purpose of the Quote:
Quotes may only be used for specific purposes, such as scientific research, criticism or explanation. The quote must therefore be placed in a new context (eg a thesis) and represent its own intellectual engagement.

2. Necessity and Scope:
An original work may only be quoted to the extent necessary for the purpose. Only as much of the original work may be used as is required to achieve the purpose of the quotation. Full use of entire works is generally not permitted, except for short works like poems.

3. Source and Author Attribution:
The source and the name of the author must always be cited, if possible.

4. No Replacement for Own Creative Work:
The right to quote must not be used to replace one’s own creative work. The quote must be embedded in an original work and must not appear as a mere adoption of foreign content.