Quotation for criticism or review (Art. 5.3(d) InfoSoc)

This (optional) exception or limitation allows reproduction, communication to the public or making available to the public - by any user, of works or other subject matter (other than databases and software), by way of quotations for purposes such as criticism or review. The work used must be already lawfully made available to the public. The use must be in accordance with fair practice, and to the extent required by the specific purpose. The source and the author's name must be both indicated, unless impossible.

Quotation is not limited to text. According to the EU Court of Justice, one can quote photographs (Painer, Case C-145/10) and music (Pelham, Case C-476/17). A hyperlink to the entire work can be a quotation (Spiegel Online, Case C-516/17). The quoted work has to be already lawfully available to the public, the use of the quotation has to be in accordance with fair practice and limited to the extent required, and the intention of the user to enter into ‘dialogue’ with the quoted work.

This exception has been implemented in the following Member States: