Hungary has implemented the Use in digital and cross-border teaching activities (Art. 5 DSM) exception in §34(2), §34(3)(a), §34(3)(b), §35(5), §68(2) and §83(2) of the Copyright Act. The national exception is slightly more restrictive than the EU exception.

Implementation summary:

Hungary has a variety of education exceptions that apply to copyrighted works: one education and scientific research exception covering the act of “borrowing” from a work to use in another work (§34(2)); one exception covering the adaptation of a work in the course of in-person digital education or remote education (§34(4) 1st sentence); one allowing the use of works that “borrow” other parties’ works, as well as of adaptations, within the framework of in-person digital education or remote education (§34(3)(b) and §34(4) 2nd sentence); one that permits the reproduction, distribution and communication to the public of certain literary works both for in-person and remote education or examination (§35(5)); and one covering the use of visual works in the course of scientific dissemination of knowledge (§68(2)). These exceptions also apply to subject matter protected by neighbouring rights (§83(2)). In addition, there’s a specific exception covering the extraction of databases protected by the sui generis right (§83/C(2)). None of the exceptions is subject to compensation.

Implementation details:

Beneficiaries:

  • anyone in school education and scientific research (exception for “borrowing” from a work, exception for extraction of databases)
  • anyone in school education (exception for making adaptations, exception for using work that “borrows” from another work and exception for using adaptations)
  • anyone (exception for the use of visual works)
  • anyone in public, vocational and higher education (exception for reproduction, distribution and communication to the public)

Purposes:

  • illustration for school education and scientific research, with no commercial purposes (exception for “borrowing” from a work)
  • for use in school education (exception for making adaptations)
  • school education, with no commercial purposes (exception for using work that “borrows” from another work and exception for using adaptations)
  • illustration for education or exams (exception for reproduction, distribution and communication to the public)
  • scientific dissemination of knowledge (exception for the use of visual works)
  • school education and scientific research, provided that this use does not indirectly serve the purpose of obtaining or increasing revenue (exception for extraction of databases)

Usage:

  • use in another work (exception for “borrowing” from a work)
  • adapt (exception for making adaptations)
  • any use (exception for using work that “borrows” from another work and exception for using adaptation)
  • reproduction, distribution and communication to the public (exception for reproduction, distribution and communication to the public)
  • any use (exception for the use of visual works)
  • extraction of databases (exception for extraction of databases)

Subject Matter:

  • published literary or musical work, film, pictures of works of fine art, architecture, applied art and industrial design, photographic works, performances, phonograms, broadcasts, film fixations, press publications (exception for “borrowing” from a work)
  • any work (other than sheet music), performances, phonograms, broadcasts, film fixations, press publications (exception for using work that “borrows” from another work, exception for making adaptations and exception for using adaptations)
  • work published as a book, newspaper and periodical articles, performances, phonograms, broadcasts, film fixations, press publications (exception for reproduction, distribution and communication to the public)
  • image of works of fine art, architecture, applied art, industrial works of design which constitute an artistic creation and photographic works (exception for the use of visual works)
  • databases protected by sui generis right (exception for extraction of databases)

Compensation:

  • no compensation required (all exceptions)

Attribution:

  • no attribution required (exception for making adaptations, exception for reproduction, distribution and communication to the public)
  • the source and the name of the author must be indicated (exception for “borrowing” from a work, exception for using work that “borrows” from another work, exception for using adaptation)
  • the source must be indicated (exception for extraction of databases)

Other Conditions:

  • map[quantity limitations:only allows the use of parts of a literary, musical or film work, to the extent justified by the purpose; works can however be used in their entirety when they are small entire works of such nature, as well as pictures of works of fine art, architecture, applied art and industrial design creations, and photographic works (exception for “borrowing” from a work)]
  • map[quantity limitations:only allows the use of parts of a book, in a number necessary for the purpose; newspaper and periodical articles can however be used in their entirety (exception for reproduction, distribution and communication to the public)]
  • map[technological limitations:communication to the public must be made through a secured electronic environment, which is defined as a technical solution that prevents a work made available for retrieval from being carried out outside the scope of education and training (exception for using work that “borrows” from another work and exception for reproduction, distribution and communication to the public)]
  • 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 (exception for “borrowing” from a work, exception for using recipient work, exception for reproduction, distribution and communication to the public)]

Introduced/last updated: 01 June 2021

Remarks: Hungary has an exception allowing the use in another work, to an extent exceeding quotation (“borrowing”), of parts of a published literary or musical work or of a film, or small entire works of such nature, as well as pictures of works of fine art, architecture, applied art and industrial design creations, and photographic works, for the purposes of illustration for school education and scientific research, to the extent justified by the purpose (§34(2)). It also has an exception allowing the adaptation of a work in the course of in-person digital education or remote education (§34(4) 1st sentence).
The use of a work that “borrows” from another work and the use of adaptations for the purpose of school education is permitted under another provision (§34(3)(b) and §34(4) 2nd sentence). This exception covers in-person uses in digital form on an electronic device at the place of school education and communication to the public through a secure electronic environment, provided that such uses are not made on a commercial basis. The exception does not apply to sheet music (§34(3b)), even if no licences are available in the market for such a category of works, which contradicts article 5(2) of the DSM Directive. The uses made under this exception shall be deemed to take place in the Member State in which the educational establishment is established (§34(3a)).
There's an exception allowing the reproduction of parts of a work published as a book, as well as entire newspapers and periodical articles, for the purposes of school education or examination in public, vocational and higher education, in a number necessary for for the number of groups or classes of students (§35(5)). This exception allows the distribution, as well as the public communication of the copies, through the secure electronic environment of the educational establishment, to the pupils and students concerned.
There's an exception allowing the use of the image of works of fine art, architecture, applied art, industrial works of design which constitute an artistic creation and photographic works in the course of scientific dissemination of knowledge (§68).
There's 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)).
Finally, there’s a specific exception which allows a significant part of the content of the databases protected by the sui generis right to be copied for the purpose of school education or scientific research, in a manner and to the extent appropriate for the purpose, and further provided that it does not indirectly serve the purpose of earning or increasing income. Contrary to what is mandated by Article 5 of the DSM Directive, the exception does not expressly cover the act of re-utilization (§83/C(2)).