Eurovision DSM contest
Hungary has fully implemented the provisions of the CDSM directive as of 7 June 2021.
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.
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 17includes a relatively strong collective redress mechanism.
Hungary has not explicitly implemented Article 14 into national law. The use of works in digital and cross-border teaching activities exception is not subject to a licensing override. The scope of the new press publishers right is defined in line with the provisions of the directive.
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 use of works in digital and cross-border teaching activities exception (Article 5 CDSM) into Hungarian law. The new exception was implemented as part on an emergency decree in April 2020.
Hungary took a special approach to implementing 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 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 this 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 by academics and civil society organisations (including COMMUNIA) the Ministry of Justice opted for the implementation of a full exception which 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.
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