Hungary has implemented the Ephemeral recordings made by broadcasters (Art. 5.2(d) InfoSoc) exception in Section 35(7) of the Copyright Act. The national exception closely resembles the EU exception.
Implementation summary:
This exception allows for temporary recording of a work lawfully used by a radio or television organisation for the broadcast of its own programme schedule if made by its own facilities. Unless otherwise provided, recording must be destroyed or deleted within three months as of the date when it was made. Temporary recordings with exceptional documentary value may, however, be preserved for an indefinite term in video or audio archives qualifying as public collections.
Implementation details:
Beneficiaries:
- radio or television organisations
Purposes:
- for the purposes of beneficiaries' own programme schedule
- preservation in video or audio archives
Usage:
- temporary recording
Subject Matter:
- works
- performances
- phonograms
- film fixations
- broadcasts
- press publications
Compensation:
- no compensation required
Attribution:
- no attribution required
Other Conditions:
- after its use the recording must be destroyed or rendered unusable
- recordings peserved in archives must be of exceptional documentary nature
- recordings in archives must be kept in what qualifies as public collections
Introduced/last updated: 01 May 2004
Remarks: Section 33 (1) of the law limits the applicability of exceptions and limitations to published works only.
