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Published online by Cambridge University Press: 26 October 2020
Importantly, and in contrast with Article 10(2) and Article 10bis(2), the language of Article 10(1) Berne is not limited by purpose. It simply states ‘it shall be permissible to make quotations’. There is no limitation, even illustrative, such as ‘for purposes such as criticism or review’. Given that the provision is mandatory, it would thus be inappropriate for a Member to introduce any limiting purpose (or at least one which operates inflexibly). Quotation is permitted, if it complies with the remaining condition, whatever its purpose.
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