Hungary has implemented the Private copying (Art. 5.2(b) InfoSoc) exception in Section 35 of the Copyright Act. The national exception is slightly more restrictive than the EU exception.
Implementation summary:
This exception allows for any natural person to make copies of works for private purposes if such activity does not serve to generate or increase income in any way or form. The provision does not apply to architectural works, technical structures, software, computer-operated data banks, and the recording of public performances of works on video or audio media (camcording). Reproduction of sheet music, entire books and entire issues of periodicals is expressly excluded in Section 35(1), and so is having a third party making copies of works by computer or on electronic data media, regardless of whether or not it is done for private purposes.
Implementation details:
Beneficiaries:
- natural persons
Purposes:
- private purposes
Usage:
- reproduction
Subject Matter:
- works
- performances
- phonograms
- film fixations
- broadcasts
- press publications
Compensation:
- compensation required according to Section 20 of the Act
Attribution:
- no attribution required
Other Conditions:
- architectural works, technical structures, software, computer-operated data banks, sheet music, entire books and entire issues of periodicals are excluded from the scope of the exception
- the copy cannot be obtained by recording of public performances of works on video or audio media (camcording) or by a third party making copies of works by computer or on electronic data media, regardless of whether or not it is done for private purposes
Introduced/last updated: 01 May 2004
Remarks: Section 33 (1) of the law limits the applicability of exceptions and limitations to published works only.
