Freedom and Limitations of Quotation: A Practical and Contemporary Look at Article 35 of the Copyright Law

Using another's work in a manner proportionate to the purpose is legally permissible when done correctly; otherwise, a "quotation" can instantly turn into plagiarism. This article explains when quotation is permissible, the boundaries, application tips for different types of works, and common mistakes in the field, within the framework of Article 35 of the Law on Intellectual and Artistic Works and related provisions.

1) What is the rationale behind the freedom to quote?

The Law on Intellectual and Artistic Works, instead of completely shutting down the circulation of information, allows for controlled access . The aim is to nourish intellectual life and fairly protect the author's labor. Therefore, the law permits quotations from published works to the extent that they clarify the subject ; however, it requires four golden conditions:

1. The work must have been made available to the public.

2. The quotation should have a purpose (criticism, scientific explanation, discussion, etc.).

3. Moderation must be maintained; the backbone of the new text should not be solely composed of quotations.

4. The source and author should be clearly indicated; quotations should be separated (using quotation marks, block text, image frame, or time code).

Remember: the phrase "quotation is allowed" does not mean "use it as much as you want." Freedom is interpreted narrowly; purpose and measure must be considered together.

2) Legal framework: A simplified reading of Article 35

• From whom and from which works? Partial quotations may be taken from publicly available works such as books, articles, visual art works, musical works, and cinematic works to explain, criticize, or provide scientific evaluations of a topic .
  

• What should be considered?

  • The source and author's name should be included (in a format appropriate for the platform).

  • The quotation clearly visible in the new work (quotation marks/block/italics/image box).

  • The length of the removed part should not exceed its intended purpose; it should not be used for "decoration" purposes.

• Special scenes:

  • Fine art pieces can be displayed using a projector in lectures/conferences; however, sources and measurements are still required.

  • In music, thematic examples (theme/motif/passage) can be used; however, in the creation of new works, "original contribution" must be preserved.

2.1) Conditions for freedom of quotation (Article 35 of the Copyright Law)

The work to be quoted must first have been made available to the public/published; the quotation must serve a legitimate purpose (criticism, explanation, scientific evaluation, or news) and must not exceed the extent justified by that purpose. The quoted portion should be used in a way that does not overshadow the independent contribution and does not form the backbone of the new content; it should be clearly indicated as a quotation using distinguishing marks such as quotation marks, blocks, italics, visual frames, or time codes. The source and author's name should be written visibly and appropriately for the medium (academic footnote/URL/explanation section, etc.); in press and news content (Articles 36-37), the publication name, date-issue number, agency/original source information should also be included. Long passages used for decorative purposes or that carry economic value to the work are not considered "quotations"; in such cases, there is a risk of plagiarism/infringement. This framework is a practical way to establish a balanced approach between information sharing and the rights of the author.

3) How is “moderation” measured? (A mini-test from a lawyer's perspective)

A) Content Ratio:
Quoting is a secondary element of new content. If the majority of your text comes from someone else, it's not a "quotation," but rather a risky reproduction.

B) Connection and justification:
Does the quote serve the argument of the text? If you can explain it in a sentence (e.g., “The following paragraph shows why view A is criticized”), you are on the right track.

C) Lack of alternatives:
Using lengthy text when it's possible to summarize the same thing undermines moderation. Summarize first, then use short quotes where necessary.

D) Visibility:
The reader should be able to understand where the quote begins and ends at first glance. Quotation marks, different typography, and the source line are there for this reason.

4) Citation practices according to work types

4.1. Textual works (books, articles, blogs)

• Possible additions: A few sentences/paragraphs for comparison ; footnote with author-work-page number .

• What cannot be done: Constructing the framework of the text from foreign sources; concealing sources; using quotations as mere embellishment.

4.2. Visual art works (paintings, photographs, graphics)

• It can be done: A small image for critical/educational purposes ; artist-artwork name-date below the image .

• Not allowed: Excessive the original economic value ; widespread reproduction under the pretext of "quotation" in posters, covers, and commercial advertisements.

4.3. Music

• Possible options: A short example of the theme/motif/passage ; displaying it with a time code for analysis/criticism .

• What cannot be done: Repeating long passages in a new piece without original contribution ; considering a "cover" as a plagiarism

4.4. Video and cinema

• Possible: Short scene for critique/review ; description with work-section-time code .

• What to avoid: Broadcasting long, key excerpts from a work consecutively in reaction/compilation videos

5) Press content and use for news purposes

There are two additional principles in news, magazine, and newspaper quotations:

1. Source discipline is stricter (publication name, date/issue number, agency/original source if applicable).

2. The purpose of the news solves many things, but not everything: Short, essential parts should be used to convey the news; the limits of commentary/criticism should not be exceeded.

6) Judicial approach: The triangle of quotation-inspiration-plagiarism

The general trend in court decisions is as follows:

• Quotation (or copying): It involves taking something verbatim; the purpose, measure, and source are met.

• Inspiration: Influence at the conceptual level; the concrete expression is different and original.

• Plagiarism: Appropriating someone else's work ; failure to make the quotation distinguishable, neglecting to cite sources, or excessive quoting lead to this result.

In summary: "It must be clearly a quote," "the source must be visible," and "it must be short and relevant." All three conditions must be met simultaneously.

7) The 10 most common mistakes on the field

1. the citation for later.

2. Do not enclose the quote in quotation marks/blocks .

3. Not writing a statement of purpose (it's difficult to defend the metric if you don't explain why you quoted it).

4. Copy-paste for long texts.

5. images decoration .

6. Not including a time code in the video .

7. In music, using the "hook" of a long passage or piece from beginning to end

8. The misconception of "I got it from the press, it's free" (date/issue/agency/original source are being overlooked).

9. Omitting identifiers such as footnotes/URLs/DOIs in academic texts

10. Lack of a standard citation template within the content team .

8) Three short scenarios: where is the border?

Scenario A – Blog post: You are describing a change in law. You have taken two paragraphs from the official justification, put them in quotation marks, included the source and date at the end, and indicated "relevant section from the justification" at the top. → Appropriate (clarifies the purpose, is measured and distinguishable).

Scenario B – Reaction video: You broadcast a 10-minute, uninterrupted final scene from a film and provide your commentary. → Risky (long usage that captures the essence; moderation has been exceeded).

Scenario C – Presentation:
You added a small image of a painting and wrote "Artist – Title of Artwork – Year" below it; you discussed the work as an example of composition. → Appropriate (educational purpose, concise usage, source included).

9) Applicable citation templates (by medium)

• Academic footnote: Author, Title, Publisher, Edition (Year), p. X.

• Blog/Website: Author – “Post Title”, Site Name (Access: DD.MM.YYYY), URL.

• Video description: Title of work / section – time code; author; publication year; official platform link.

• Image: Artist, Artwork Title (Year) – Source/URL.

Purpose: To enable the reader to access the source and ensure that the quotation is "identifiable".

10) Internal checklist (before publication)

1. Has the work been made available to the public?
2. Was the purpose of the quote stated in a single sentence?
3. Measurement: Was the shortest, necessary portion taken?
4. Is it highlighted with a quotation mark/block/divider?
5. Will the source and author be visible?
6. Has an appropriate citation format been chosen for the medium?
7. Are the images for illustrative purposes only, or for decoration?
8. Was a time code given in the video?
9. Has any additional information been added for the press/news report (date, issue number, agency/original source)?
10. Is there a standard template within the team?

11) FAQ – Short answers

Can I use a paragraph in quotation marks without citing the source?
No. The source and author's name are mandatory; it must also clearly identifiable .

Will reducing the size of the image prevent the violation? Size alone is not the solution. The risk persists unless you ensure the purpose-measurement-source triad

Is there no 'fair use' in reaction videos?
In Turkish law, the criterion Article 35 of the Copyright Law. Long uses that exceed the purpose and scope, and that carry the essence of the work, are not safe.

Are inspiration and quotation the same thing?
No. Inspiration is influence at the level of ideas; quotation is the verbatim copying of a concrete expression. If they are confused, a plagiarism debate arises.