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Hungary has fully implemented the provisions of the CDSM directive as of 7 June 2021.
Procedure:
The Hungarian parliament adopted the implementation law at the end of April 2021 without any substantial discussion. The parliamentary discussion of the implementation law was preceded by two rounds of public consultation in June 2020 and February 2021.
Article 17:
The Hungarian implementation of Article 17 is largely limited to re-stating the provisions of Article 17 of the Directive. As such, it contains only a general requirement not to limit legitimate uses, but does not establish any specific ex-ante safeguards. The implementation of Article 17 includes a relatively strong collective redress mechanism.
Other:
The use of works in digital and cross-border teaching activities is covered under different exceptions that areis not subject to compensation nor license availability. However, one of the exceptions does not apply to sheet music, even if no licenses are available in the market for such a category of works, which contradicts article 5(2) of the DSM Directive. Furthermore, the education exception that applies to materials covered by the sui generis database right does not expressly cover the right of re-utilization, which also contradicts article 5(1) of the Directive.
Hungary has not explicitly implemented Article 14 into national law, since unoriginal reproductions are not protected by the national law.
The scope of the new press publishers right is defined in line with some but not all of the limits of the directive.: scientific (but not academic) publications are excluded from the definition of press publications; it is clarified that the right does not apply to private and non-commercial uses by individual users, to acts of hyperlinking nor to the use of individual words and very short excerpts of press publications; and the right is subject to all the exceptions and limitations to copyright laid out in the national law. It is not clarified that the right cannot be invoked against uses authorized by a non-exclusive license nor against the use of public domain works.
Bonus:
In response to the outbreak of COVID-19, and to create more room for online education while educational institutions were closed, the Hungarian government fast-tracked the implementation of the use of works in digital and cross-border teaching activities exception (Article 5 CDSM) into Hungarian law. The new exception was implemented as part of an emergency decree in April 2020.
The text and data mining exception for scientific research includes the right to make available to third parties the resulting copies for joint research or peer review.
Hungary took a special approach to implement the provisions of the CDSM directive. In response to the outbreak of the Covid-19 Pandemic, and to create more room for online education while educational institutions were closed, the Hungarian government fast-tracked the implementation of the use of works in digital and cross-border teaching activities exception (Article 5 CDSM) into Hungarian law. The resulting updates to the existing educational exception were introduced via an emergency decree in April 2020 and then made permanent by a formal act of parliament in June 2020. Hungary is the only Member State who has used the DSM directive to provide additional room for educational institutions in response to the pandemic.
The implementation of the remaining provisions of the directive has followed a more traditional approach. The Hungarian Ministry of Justice held two public consultations (in June 2020 and February 2021) based on draft versions of the implementation law. As part of these public consultations, the Ministry requested feedback on the best implementation of the exception for Parody, Pastiche and Caricature required by Article 17(7) of the directive. Based on feedback from academics and civil society organisations (including COMMUNIA), the Ministry of Justice opted for the implementation of a full exception that applies to uses beyond uses on Online Content Sharing Service Providers.
The implementation law was submitted to Parliament at the end of March 2021 and adopted by Parliament on 28 April 2021. The new provisions came into force on the 1st of June 2021.
Local partners: Our local partner has been Wikimedia Hungary
For more information please see our implementation tracking page for Hungary.
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