Hungary has implemented the Text and data mining for scientific research (Art. 3 DSM) exception in § 35/A (2) and (3), §83(2) and §84/D(3) of the Copyright Act. The national exception closely resembles the EU exception.
Implementation summary:
Hungary has a general text and data mining (TDM) exception for scientific research purposes (§35/A(2)) that follows Article 3 of the DSM Directive closely, except that it also allows the sharing of copies within the framework of a research cooperation or for purposes of peer review of the scientific work (§35/A(3)). This general exception applies to performances, phonograms, film fixations, broadcasts and press publications (§83(2)). In addition, there is a specific exception for TDM for scientific research purposes applicable to databases protected by the sui generis right, subject to the same conditions (§84/D(3).
Implementation details:
Beneficiaries:
- anyone (reproduction, extraction and make available to the public)
- a closed group of persons within the framework of a research cooperation or for purposes of peer review of the scientific work (make available to the public)
Purposes:
- for text and data mining of works for the purposes of scientific research (reproduction and extraction)
- within the framework of a research cooperation or for purposes of peer review of the scientific work, provided that this use does not indirectly serve the purpose of obtaining or increasing revenue (make available to the public)
Usage:
- reproduction of, and make available to the public copies of, works, performances, phonograms, film fixations, broadcasts, press publications
- extraction of databases protected by sui generis right
Subject Matter:
- works, performances, phonograms, film fixations, broadcasts, press publications, databases protected by sui generis right
Compensation:
- no compensation required
Attribution:
- no attribution required
Other Conditions:
- map[lawful access:the beneficiary must have lawful access to the works or other subject matter used under the exception]
- map[storage:copies of works or other subject matter shall be stored with an appropriate level of security]
- map[time-limits:copies can be made available to a closed group of persons only for as long as necessary for the research cooperation or peer review]
- map[3-step test:the use is permitted only to the extent that such use does not prejudice the normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author, and provided that it is fair and does not pursue a purpose incompatible with the permitted use]
Introduced/last updated: 01 June 2021
Remarks: Hungary has a general text and data mining (TDM) exception for scientific research purposes covering reproductions of copyrighted works (§35/A(2)) in accordance with conditions that are identical to those defined in Article 3 of the DSM Directive. This provision also allows the act of making available copies of those works and other subject matter to a closed group of persons within the framework of a research cooperation or for purposes of peer review of the scientific work (§35/A(3)).
This general TDM exception for scientific research purposes is applicable to performances, phonograms, film fixations, broadcasts, press publications: the Copyright Act has a provision stating that, in the cases where the law allows the use of a copyrighted work without the authorization of the author, no authorization is required from the holders of neighbouring rights (§83(2)).
In addition, Hungary has a specific exception for TDM for scientific research purposes covering the extraction of databases protected by the sui generis right. This exception is subject to the same conditions of the general TDM exception for scientific research, but it does not allow further communications to the public (§84/D(3)).
