Published works may be quoted and the quotation must be designated as such and the source given as well as citing the name of the author (Art. 25 CopA). A full reference must be made to the relevant excerpt as well as to the source for the purposes of information about current affairs (Art. 28 CopA). Any person who intentionally omits to indicate the source used is liable to a fine on the complaint of the person whose rights have been infringed (Art. 68 CopA).
Failure to indicate the source is punishable only following a complaint and is not considered to be a serious enough contravention to be entered on the offender’s criminal record.
Even if the injured party does not file a complaint, failing to indicate the source also calls into question the good scientific practice of the offender, especially in academic and research professions. For example, in the academic circle, one consequence could be disciplinary action which might result in a simple reprimand, termination of a working partnership or even expulsion from the institution where the person committing the offence works or studies, depending on the severity of the act.
FAQ
Any person who intentionally omits to indicate the source used where required by statute and where the author is named therein, and to provide the name of the source is liable to a fine on the complaint of the person whose rights have been infringed (Art. 68 CopA). Failure to indicate the source is punishable only following a complaint and is not considered to be a serious enough contravention to be entered on the offender’s criminal record.
In addition, failure to indicate a source at an academic level or in research is considered to be unethical (violation of good scientific practice) and may lead to disciplinary action.
