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Act No. LXXVII of 2001 on Amendments to Act No. LXXVI of 1999 on Copyright



Act LXXVII of 2001

amending Act LXXVI of 1999 on Copyright!

Article 1

In paragraph (2) of Article I of Act LXXVI of 1999 on Copyright (hereinafter referred to as

"CRA") the following point p) shall be inserted:

(All creations ofliterature, science and art - regardless whether or not specified by this Act -

shall fall under copyright protection. Such creations are, in particular:)

"p) databases qualifying as collections of works."

Article 2

Paragraph (8) of Article 1 of the CRA shall be replaced by the following:

,,(8) Performances of performers, producers of phonograms, radio and' television

organisations, film producers and producers of databases shall enjoy protection specified by

this Act."

Article 3

Article 7 of the CRA shall be replaced by the following:

"Article 7

(l) A collection shall be protected by copyright, if the selection, arrangement or editing of its

contents is of an individual and original nature (collection of works). Copyright protection

shall apply to a collection of works even if its parts or elements do not or may not enjoy

copyright protection.

1 It was adopted by the Hungarian Parliament ("Orszaggyiiles") on 6 of November 200 I and published by the Hungarian Official Gazette ("Magyar Kozlony'') MK 200l/129.sz., p.9034.

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(2) Regarding the whole of the collection of works, the copyright shall belong to the editor,

however, this shall be without prejudice to the independent rights of the authors of those

individual works and of the right-holders of those performances protected by neighbouring

rights which were selected for inclusion in the collection.

(3) The copyright protection of a collection of works shall not extend to the elements making

up the contents of the collection of works."

Article 4

The following Article 60/A shall be added to Chapter VII of the CRA:

"Article 60/A

(1) For the purposes of this Act, database shall mean a collection of independent works, data

or other materials arranged in a systematic or methodical way and individually accessible by

electronic or other means.

(2) Provisions applicable to databases shall apply mutatis mutandis to the documentation

necessary for the operation or consultation of the database.

(3) Provisions applicable to databases shall not apply to computer programs used for the

making or operation of databases accessible by electronic means."

Article 5

The following paragraph (l) shall be added to Article 61 of the CRA, and paragraphs (l) and

(2) thereof shall become paragraphs (2) and (3):

,,(1) Databases qualifying as collections of works (Article 7) shall fall under copyright

protection. "

2

Article 6

The following paragraphs (4) and (5) shall be added to Article 62 of the CRA:

,,(4) Any provision of a licensing agreement contrary to the provisions of paragraphs (l) and

(2) shall be null and void.

(5) Where the copies of the database are acquired in commercial distribution, the obligation to

draw up the licensing agreement in writing shall not apply."

Article 7

Article 84 of the CRA shall be replaced by the following:

"Article 84

(l) The rights covered by this Chapter shall be protected for the following periods oftime:

a) phonograms and performances fixed therein, fifty years from the first day of the

year following the year in which the phonogram was first put into circulation or for fifty years

from the first day of the year following the year in which the fixation of the phonogram was

made, if the phonogram was not put into circulation during the latter period;

b) unfixed performances, fifty years from the first day of the year following the year in

which the performance was held;

c) broadcast programmes or own programmes transmitted to the public by wire, fifty

years from the first day following the year of their first broadcasting or transmission;

d) films, fifty years from the first day of the year following the year in which the film

was first put into circulation or for fifty years from the first day of the year following the year

in which the fixation of the film was made, if the film was not put into circulation during the

latter period.

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(2) If the phonogram has not been put into circulation for fifty years from the first day of the

year following the year in which the phonogram was made, but it was communicated to the

public during this period, the term referred to in point a) of paragraph (1) shall be calculated

as a basis from the year following the year in which it was first communicated to the public.

(3) Where the communication of a film to the public precedes its putting into circulation, the

term referred to in point d) of paragraph (1) shall be calculated as a basis from the year

following the year in which the film was first communicated to the public instead of the year

following its first putting into circulation."

Article 8

(1) The title of Part Three of the CRA shall be replaced by the following:

"RIGHTS RELATED TO COPYRIGHT"

(2) The following Chapter XIIA (Articles 84/A to 84/E) shall be inserted in Part Three of the

CRA after Article 84:

"Chapter XIIA

THE PROTECTION OF PRODUCERS OF DATABASES

Article 84/A

(1) Unless otherwise provided by this Act, the authorisation of the producer of a database

(Article 60/A) shall be sought for where all or a substantial part of the content ofthe database

a) is reproduced [Article 18 (1) b)] by making copies (hereinafter referred to as "extraction");

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b) is made available to the public by the distribution of copies of the database or, as stipulated

in paragraph (8) of Article 26 by communication to the public (hereinafter referred to as "re-

utilization").

(2) Distribution referred to in point b) of paragraph (1) shall mean the following forms of

distribution: the putting into circulation by sale or transfer of ownership in any other form,

importation into the country with the purpose of putting into circulation, and rental. The

provisions of paragraph (5) of Article 23 shall apply mutatis mutandis to the rights of the

producer of a database.

(3) The authorisation of the producer of a database shall also be sought for the repeated and

systematic extraction or re-utilization of insubstantial parts of the contents of the database, if

this act would conflict with a normal exploitation of the database or unreasonably prejudice

the legitimate interests of the producer of a database.

(4) The uses provided for in paragraphs (1) to (3) shall be subject to remuneration unless

otherwise provided by this Act.

(5) The producer of a database shall enjoy the rights referred to in paragraphs (1) to (3) if the

obtaining, verification or presentation of the contents of the database involved substantial

investment.

(6) The rights referred to in paragraphs (1) to (3) shall belong to such natural or legal persons,

or business associations without legal personality who take the initiative, in their own name

and at their own risk to produce a database, and provide for the necessary investment.

(7) The producer of a database shall enjoy the rights referred to in paragraphs (1) to (3)

irrespective of the eligibility of that database for protection by copyright or any other rights.

Moreover, the producer of a database shall enjoy these rights irrespective of the eligibility of

the parts or elements of that database for protection by copyright or by other rights.

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(8) The rights of the producer of a database are without prejudice to the rights of the authors

of individual works included in the database or to other rights existing in respect of certain

elements of the contents of the database.

(9) Unless otherwise provided by international agreement, the protection specified by this Act

shall belong to producers of a databases, who

a) are of Hungarian nationality or have their habitual residence in Hungary;

b) are legal persons or business associations without legal personality which have been

registered in Hungary, and having their registered office, central administration or principal

place of business in Hungary.

(l0) In the case referred to in point b) of paragraph (9), the legal person or the business

association without legal personality having only its registered office in Hungary shall only

enjoy the protection specified by this Act, if its operations are genuinely linked on an ongoing

basis with the economy of the Republic of Hungary.

Article 84/B

(1) The authorisation of the producer of a database which is made available to the public shall

not be required if a lawful user, even repeatedly and systematically, extracts or re-utilizes

insubstantial parts of the contents of a database.

(2) Where the authorisation for use has been obtained only for a part of the database, the

provisions of paragraph (l) shall apply only to that part.

(3) A lawful user of a database which is made available to the public may not perform acts

which conflict with a normal exploitation of the database or unreasonably prejudice the

legitimate interests of the producer of the database.

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(4) The provisions contained in paragraphs (1) and (2) shall be without prejudice to the rights

of authors of individual works included in the database or to neighbouring rights existing in

respect of other elements of the contents of the database.

(5) Any provision of a licensing agreement contrary to the provisions of paragraphs (1) to (4)

shall be null and void.

Article 84/C

(1) The extraction of a substantial part of the contents of a database for private purposes is

allowed to anyone to the extent justified by the non-commercial purpose to be achieved. This

provision shall not apply to electronic databases.

(2) For the purposes of illustration for teaching or scientific research, extraction of a

substantial part of a database is allowed, in a manner and to the extent consistent with such

purposes, as long as the source is indicated and to the extent justified by the non-commercial

purpose to be achieved.

(3) For the purposes of evidence in judicial or administrative proceedings, extraction or re-

utilization of a substantial part of a database is allowed in a manner and to the extent

consistent with such purposes.

(4) Article 33 shall apply mutatis mutandis to the exceptions to the rights of the producer of a

database as stipulated in paragraphs (1) to (3).

Article 84/D

(1) The rights covered by this Chapter shall be protected for the following periods oftime: for

fifteen years from the first day of the year following the year in which the database was first

made available to the public, or for fifteen years from the first day of the year following the

year of the completion of the making of the database, if the database was not made available

to the public during the latter period.

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(2) The term of protection of the database calculated according to the provisions of paragraph

(1) shall recommence if the contents of the database are altered substantially, which results in

the altered database being considered to be a substantial new investment in itself. A

substantial change of the contents of the database may result from the accumulation of

successive additions, deletions or alterations.

Article 84/E

(1) Paragraph (1) of Article 83 shall apply mutatis mutandis to the rights covered by this

Chapter.

(2) Where remuneration shall be due to the producer of a database under this Act, the

provision on the proportionality rule of the remuneration laid down in the first sentence of

paragraph (4) of Article 16, shall apply mutatis mutandis to the producer of a database.

(3) Unless otherwise provided by legislation, where any other law or regulation refers to a

neighbouring right or neighbouring rights, this shall also mean the right or the rights of the

producer of a database, except for acts promulgating international agreements."

Article 9

Article 85 of the CRA shall be replaced by the following:

"Article 85

(1) The collective management of rights shall mean the exercise of authors' rights,

neighbouring rights and rights of producers of a database related to authorial works,

performances of performers, phonograms and programmes broadcast or transmitted by wire,

as well as performances of film producers and database producers, which are individually

non-exercisable due to the character or circumstances of use and therefore exercised through

organisations of right-holders established to this end, regardless of whether it is prescribed by

law or based on the resolution of right-holders.

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(2) Where this Act or any other legislation refers to collective management of neighbouring

rights, this shall also mean the collective management of the rights of producers of

databases."

Article 10

The title preceding Article 99 of the CRA, as well as Article 99 of the CRA shall be replaced

by the following title and provision:

"Consequences ofthe Infringement ofRights Related to Copyright

Article 99

The provisions of Articles 94 to 97 shall apply mutatis mutandis to the infringement of the

provisions of Chapters XI and XIIA, as well as to the protection of technical measures and

rights management information relating to the rights covered by these Chapters."

Article 11

The following Article 106/A shall be inserted in Chapter XVI of the CRA after Article 106:

"Article 106/A

The provisions of this Act relating to the copyright protection of editors of databases

qualifying as collections of works and to the protection of rights of producers of databases as

stipulated in Chapter XIIA, shall be without prejudice to the application of legislative

provisions on the protection of personal data and access to data of public interest."

Article 12

In the CRA the term "databank" shall be replaced by the word "database" in paragraph (1) of

Article 19, in the title of Chapter VII and in paragraphs (1) and (2) of Article 62; the

expression "in a databank" shall be replaced by the expression "in a database" in paragraph

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(1) of Article 19; the expression "to the databank" shall be replaced by the expression "to the

database" in paragraph (1) of Article 35, in Article 39, and in paragraphs (2) and (3) of Article

61 as renumbered by Article 5 of this Act; the term "databank:" shall be replaced by the term

"database" in paragraph (1) of Article 62.

Article 13

(1) This Act shall enter into force on 1 of January 2002; its provisions shall apply to licensing

agreements concluded after its entry into force.

(2) The provisions of this Act applicable to the protection of producers of databases shall also

apply to databases which were completed before the date of entry into force thereof, but after

31 of December 1982, provided that on the day when this Act enters into force, the database

meets the requirements to be eligible for protection in accordance with Chapter XIIA of the

CRA, as laid down by paragraph (2) of Article 8 of this Act.

(3) The rights of the producer of a database referred to in paragraph (2) shall enjoy protection

from the entry into force of this Act, but only for fifteen years starting from 1 of January

1998.

(4) The use - extraction or re-utilization - of the database referred to in paragraph (2) that

commenced prior to the entry into force of this Act, may be continued for one year after the

entry into force thereof, but only to an extent existing at the time of the entry into force

thereof. The right of such use pursued as a business activity may be transferred only together

with the right-holder undertaking or with its organisational unit which pursues such use.

(5) The provisions referred to in paragraph (4) shall apply mutatis mutandis even if

considerable preparations were made for the use before the day of entry into force of this Act,

provided that in such case the use may only be commenced and pursued to the same extent as

that of the preparations existing at the time of entry into force of this Act.

(6) For acts pursued on the basis of a licensing agreement concerning the use of a database

referred to in paragraph (2), which was concluded before the entry into force of this Act, the

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provisions in force at the time of the conclusion of the agreement shall apply, even after the

entry into force of this Act.

(7) Paragraph (2) of Article 84 of the CRA, as laid down by Article 7 of this Act, shall not

apply to phonograms whose term of protection, as calculated according to the provisions

previously in force, has expired. This provision shall be without prejudice to the application

of Article 108 of the CRA.

Article 14

The provisions of this Act are fully compatible with Directive 96/9/EC of the European

Parliament and of the Council on the legal protection of databases, in accordance with Article

3 of Act I of 1994 on the promulgation of the Europe Agreement establishing an association

between the European Communities and their Member States, of the one part, and the

Republic of Hungary, of the other part, signed in Brussels on 16 December 1991.

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