Dreptul de citare în cazul operelor de artă plastică şi fotografică
Citation Right in the Case of Artistic and Photographic Works

Summary/Abstract: While the national legislations, as well as the Berne Convention, establish the exclusivity of the right of reproduction, as a fundamental right belonging to the owner’s monopoly, the same lawmakers also provide certain exceptions from this rule, among which the possibility to use short quotations from a protected work. The so-called “quotation right” shall not be understood as a subjective right of the user, since its legal nature is of a “limit” to the exercise of the author’s monopoly over his work, determined by the polemic, critic, pedagogic, scientific or information purpose of the new work. While the legal nature of this limit is not difficult to approach, as regards the graphic, plastic and photographic works of art, the practical possibility of performing the operation of “quotation” was challenged in the specialized literature. This study aims at clarifying the extent to which the quotation is allowed by the Romanian lawmaker also for the category of plastic, graphic and photographic works, as well as, on the other hand, if the quotation is objectively possible in the case of these works, without infringing the work’s right of intangibility.

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