Hungary has implemented the Use for the purpose of research or private study (Art. 5.3(n) InfoSoc) exception in Section 38(5) of the Copyright Act. The national exception closely resembles the EU exception.
Implementation summary:
This exception allows for the display on the screens of dedicated terminals on the premises of publicly accessible libraries, educational institutions, museums and archives, as well as picture or audio archives qualifying as public collections, to certain individual members of the public, of works forming part of the collection of these institutions for the purposes of scientific research or private study. Such works may be freely communicated, including made available to members of the public, provided that it is not aimed, either directly or indirectly, at earning or increasing income, and there is no agreement on use to the contrary.
Implementation details:
Beneficiaries:
- publicly accessible libraries, educational institutions, museums, archives and picture or audio archives qualifying as public collections
Purposes:
- scientific research or private study
Usage:
- display on the screens of dedicated terminals
- communication to the public
- making available to members of the public
Subject Matter:
- works
- performances
- phonograms
- film fixations
- broadcasts
- press publications
Compensation:
- no compensation required
Attribution:
- no attribution required
Other Conditions:
- the exception can be overriden by an agreement to the contrary
- works used must be part of the collection of these institutions
- use must be not aimed, either directly or indirectly, at earning or increasing income
Introduced/last updated: 01 May 2004
Remarks: Section 33 (1) of the law limits the applicability of exceptions and limitations to published works only.
