E sccr/30/2 original: english date: april 30, 2015 Standing Committee on Copyright and Related Rights Thirtieth Session Geneva, June 29 to July 3, 2015



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HUNGARY


Sources:

  1. Act No. LXXVI of 1999 on copyright (consolidated text as of 01.01. 2007), http://www.wipo.int/wipolex/en/text.jsp?file_id=325838

  2. Act CLIX of 2013, Article 16. See: 2013(172) Magyar Közlöny 73969-73972 (www.kozlonyok.hu/nkonline/MKPDF/hiteles/MK13172.pdf) (only in Hungarian)

  3. WIPO Study 2008




Specific exceptions

Reproduction for preservation purposes

Article 35(4)

Museums shall be allowed to make a copy of a work for internal institutional purposes – outside the scope of entrepreneurial activity – to the extent and in the way justified by such a purpose if it is not intended for earning or increasing income even in an indirect way and if the copy is

b) made for archiving from an own copy of such an institution for scientific purpose or for public library supply,

c) made of a minor part of a work made public or of an article published in a newspaper or periodical, or

d) the copying is allowed by a separate law under certain conditions, in exceptional cases.

Article 18

Reproduction means the direct or indirect fixation of the work in any manner on a tangible carrier, whether definitively or temporarily, and the making of one or several copies of the fixation.


Use of works in exhibition catalogues

--

Making available for research or study

Article 38(5)

In the absence of a contractual provision to the contrary, works forming part of the collection of museums may be, for the purpose of research or private study, freely displayed to individual members of the public on the screens of dedicated terminals on the premises of such establishments, and, in the interest of this, they may be in a way and on conditions as provided for in separate legislation communicated, including their making available, to such members of the public, provided that this is not for direct or indirect earning or increasing income.



Use of orphan works

According to Directive 2012/28/EU of the European Parliament and of the Council of 25 October 2012 on certain permitted uses of orphan works, Official Journal of the European Union, 27.10.2012, L299/5-12 - Article 41/A




General exceptions

Reproduction for private purposes

Article 35

(1) A copy of the work may be made by a natural person for private purposes if it is not intended for earning or increasing income even in an indirect way. [SY : software, databases, music sheets are specifically excluded]

(2) A complete book as well as the whole of a periodical or daily may be copied even for private purpose only by handwriting or typing.

(3) It shall not be considered as free use to have a work copied by someone else by means of a computer and/or on an electronic data carrier, even if it is done for private purposes.



Reprographic reproduction

Article 21

(1) The authors of the works and the publishers thereof in the form of book, or in periodicals which are reproduced

by photocopying or in like manner on paper or on like carrier (hereinafter jointly referred to as by reprography) shall be due to be paid fair and equitable remuneration on private-purpose copying.

SY: no specific exception on reprography, but mentioned in Article 35 cited elsewhere.



Use for educational and scientific research

Article 35 (4) a)

Museums shall be allowed to make a copy of a work for internal institutional purposes – outside the scope of entrepreneurial activity – to the extent and in the way justified by such a purpose if it is not intended for earning or increasing income even in an indirect way and if the copy is required for scientific research.



ICELAND


Sources:

  1. The Copyright Act of Iceland, No. 73 (1972, as amended through No. 93, 21 April 2010), available at: http://www.wipo.int/wipolex/en/text.jsp?file_id=332081

  2. WIPO Study 2014




Specific exceptions

Reproduction for preservation purposes

Article 12

Public collections and museums, and institutions subject to the Act on Museums are permitted to make copies of:

1. works for purposes of safekeeping and preservation;

2. works from which parts are missing, provided such parts constitute a minor proportion of a work in its entirety and provided they are unavailable in the open market and from the publisher; the permission granted by this provision shall only apply to reproduction of the parts of works missing from the copies held by the institution in question;

3. any works of which the institution in question is required by law to keep copies, provided such copies are unobtainable in the open market and from the publisher;

4. works the originals of which are too delicate for loaning, provided they are unobtainable in the open market and from the publisher.

Reproduction as provided for in the first paragraph is only permitted for use in the course of the collection’ own activities and for non-financial purposes. Institutions are however permitted to loan copies reproduced in accordance with subparagraphs 2-4 of the first paragraph.

Reproduction as provided for in the first paragraph is not permissible for computer programmes in digital form, except for computer games.

Article 4

Exceptions are subject to a general provision that they shall not prejudice the rights of an author.

Article 26

Creates an obligation to have the author’s name and the source used on copies of the work, and it bars alteration of the work that would prejudice the author’s reputation or character of the work.

Article 2

“Reproduction”: It shall be considered as reproduction when a work is fixed in one or more physical form.



Use of works in exhibition catalogues

--

Making available for research or study

Article 12a

Public collections and museums, and institutions subject to the Act on Museums may grant individual persons access for purposes of research or education, by means of equipment suitable for the purpose, to published works that are not subject to purchase or licence agreements, for use within the area of their activities.



Use of orphan works

--




General exceptions

Reproduction for private purposes

Article 11

Individuals may make reproductions of published works exclusively for private use, providing that this is not done for commercial purposes. Such reproductions may not be used for any other purpose.



Reprographic reproduction

--

Use for educational and scientific research

Article 10a 4

Authors’ exclusive rights under Article 3 (cf. Article 2), shall not apply to the making of reproductions (copies) that have no independent economic significance.

Computer programs and databases are excluded.

[SY : I assume reproductions with no economic significance includes education and scientific research]

Article 21 1

A published work may be performed publicly for educational purposes. The author is entitled to remuneration if admission is charged especially for this performance.

The provisions of this Article shall not apply to dramatic works or cinematographic works.



Directory: edocs -> mdocs -> copyright
copyright -> World intellectual property organization
copyright -> E sccr/30/5 original: English date: June 2, 2015 Standing Committee on Copyright and Related Rights Thirtieth Session Geneva, June 29 to July 3, 2015
mdocs -> Original: english
mdocs -> E cdip/9/2 original: english date: March 19, 2012 Committee on Development and Intellectual Property (cdip) Ninth Session Geneva, May 7 to 11, 2012
mdocs -> E wipo-itu/wai/GE/10/inf. 1 Original: English date
copyright -> E sccr/20/2 Rev Original: English date : May 10, 2010 Standing Committee on Copyright and Related Rights Twentieth Session Geneva, June 21 to 24, 2010
copyright -> Original: English/francais
copyright -> E sccr/33/7 original: english date: february 1, 2017 Standing Committee on Copyright and Related Rights Thirty-third Session Geneva, November 14 to 18, 2016
copyright -> E workshop
copyright -> World intellectual property organization

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