Copyright and the Copyright and the Freedom of Accessing Freedom of Accessing

Information in the Information in the CyberspaceCyberspace

András SzingerAndrás Szingercopyright expertcopyright expert

ARTISJUS, HungaryARTISJUS, Hungary

Aim of the presentationAim of the presentation Giving a brief overview about the Giving a brief overview about the

present Hungarian copyright present Hungarian copyright legislation legislation

Describing the free uses Describing the free uses (limitations of the exclusive rights (limitations of the exclusive rights of the authors) in the light of the of the authors) in the light of the fair use conceptfair use concept

ContentsContents 1. International legal background1. International legal background 2. Right of communication to the public 2. Right of communication to the public

in the new Hungarian copyright actin the new Hungarian copyright act 3. Cases of free uses regarding online 3. Cases of free uses regarding online

usesuses 4. Licensing in practice: collective 4. Licensing in practice: collective

administration of authors’ rightsadministration of authors’ rights 5. Conclusion5. Conclusion

1. International legal 1. International legal backgroundbackground

Need for harmonized legislation covering Need for harmonized legislation covering online uses of worksonline uses of works

1996: WIPO Treaties (with reference to 1996: WIPO Treaties (with reference to the Berne Convention)the Berne Convention)

right of reproduction: agreed statement: right of reproduction: agreed statement: „the reproduction rights fully applies in „the reproduction rights fully applies in the digital environment”the digital environment”

right of communication to the public right of communication to the public („umbrella solution”)(„umbrella solution”)

limitations:limitations:– freedom to provide new limitations or

exceptions in the national legislation– in cases where there is no conflict

with a normal exploitation of the work, and the legitimate interests of the author are not unreasonably prejudiced.

2. Right of communication 2. Right of communication to the public in the new to the public in the new Hungarian Copyright ActHungarian Copyright Act

uploading: communication to the uploading: communication to the public, exclusive right: licensing public, exclusive right: licensing mainly via collective mainly via collective administration of rights (joint administration of rights (joint licensing)licensing)

downloading (displaying): for downloading (displaying): for private/scientific/educational private/scientific/educational purposes: free usepurposes: free use

3. Cases of free uses 3. Cases of free uses regarding online usesregarding online uses

Private copies:Private copies:– home copieshome copies– internal (institution) copies (eg. for internal (institution) copies (eg. for

scientific research or supply for a scientific research or supply for a public library)public library)

– educational copieseducational copies

Temporary reproduction: Temporary reproduction: – with the exclusive purpose to permit the

realization of the use of the work authorized by the author

– if an integral part of the technological process aiming to achieve the said use

– without any economic significance of its own– eg. browsing, search engines, automatic eg. browsing, search engines, automatic

cachingcaching

4. Licensing in practice: 4. Licensing in practice: collective administration collective administration collective managing society collective managing society

appointed by the Ministry of Culture appointed by the Ministry of Culture (regarding music and literature: (regarding music and literature: Artisjus, civil law society of authors Artisjus, civil law society of authors and composers) and composers)

joint licensing: licensing agreements joint licensing: licensing agreements with the users based on tariff chart with the users based on tariff chart as general terms and conditionsas general terms and conditions

the tariff chart is determined by the the tariff chart is determined by the licensing society and approved by the licensing society and approved by the Ministry of Culture each year, and Ministry of Culture each year, and published in the Official Gazettepublished in the Official Gazette

the tariff announcement for the year the tariff announcement for the year 2000 includes special rates for:2000 includes special rates for:– independent streaming,independent streaming,– simulcasting,simulcasting,– offering works for downloadingoffering works for downloading– both music and literatureboth music and literature

5. Conclusion5. Conclusion Required balance between the interest of Required balance between the interest of

– users (to access more and more information)users (to access more and more information)– producers of intellectual property (to get an producers of intellectual property (to get an

equitable remuneration)equitable remuneration) The present Hungarian legislation seems The present Hungarian legislation seems

to be capable to handle the problem via to be capable to handle the problem via the system of free uses based on the system of free uses based on international standardsinternational standards