The Germania 3 Decision translated: the quotation exception before the German Constitutional Court

The United Kingdom is set to introduce a limited 'quotation' exception into is copyright law and a similar but broader exception is currently under discussion in Australia. It is an opportune time to consider what the legal notion of 'quotation' is or may be. In Germany the freedom to quote is one of the main limitations on copyright, and has been judicially considered by the highest courts in the country. This article contains a translation of the German Constitutional Court's decision on what constitutes an allowable quotation, in the light both of copyright law and of constitutional guarantees.