Princip citace z pohledu hudební praxe a autorského práva
The Principle of Quotation from the Perspective of Musical Practice and Copyright Law

Summary/Abstract: This article deals with the issue of music quotation seen from the copyright and musicological perspective. Music uses quotation since time immemorial, although more often it is linked with so called historicism since the end of the 19th century. The biggest blossom can be noticed in the second half of the 20th century, when the quotation became an individual compositional technique of postmodern 'multi-stylishness'. In musicological approach there were for instance Sofia Lissa or Krystyna Tarnawska summarising this term, in the scope of copyright law a quotation belongs to the category of legal limitations (in Czech republic known as a gratuitous statutory license under § 31 art. 1 czech Copyright Act). This Act distinguishes between a so called small quote, large quote and an educational or research quote. Further, after a definition of its main attributes as well as their comparison to both presented views, this article focuses on a classification of quotations (especially on the basis of function), comments upon each type, names the examples and describes special cases of quotation, and specifically sampling.

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