The quotation freedom and its Boundaries in Copyright Law

Almost all of the intellectual and artistic works are based on the works which have been created before. It is very rare to meet a condition such that a work which has been crated without utilizing from a previous work. For that reason it is an inevitable requirement to utilize from other works for the enrichment of the culture life of a community with new works and providing the improvement. ?The freedom of quotation? which permits the utilization of the other works in other to create new works under some conditions is an institution organized by taking that point into consideration. Nevertheless the creation of intellectual and artistic discussion environment based on the previously created intellectual and artistic works and getting the permission of quotation from this works to a certain degree. At that point the requirement of balancing the interest of the community and the third parties in the utilization from that work and the rights of the owner of the work which is considered to be absolute is created.In that study it has been researched that how the conflict between the interest of the owner of the work over his work and the interest of the third parties and the community on the utilization of that work is tried to be balanced in the scope of the existing regulations. In that scope it has been tried to be determined under which conditions it will be legitimate by excepting from other works. However the freedom of quotation in the Copyright Act has created problems by being issued permitting the exception to the works with making discrimination between the types of the works which are not considered in the scope of that arrangement. It is very difficult to mention about that the freedom of quotation which is one of the conditions of Copyright Act has not been changed since coming into force enables the adaptation to the new developments created in the intellectual communication processes. For that reason making substantial changes in the freedom of quotation in the Copyright Act is an important need. In other to prevent the limitation of certain work types by the intellectual and artistic discussions with the other works in that direction will require the giving up the solid property of the existing regulations related with the freedom of Intellectual and Artistic quotation and making a more general type of arrangement.Key words: Quotation ? Freedom Of Quotation ? Owner Of The Work - Intellectual And Artistic Work ? Copyright Act