Legal deposit of audiovisualworks – copyright matters: the Hungarian solution

Krisztina Rozgonyi

Legal Deposit

Definition

The UNESCO Guidelines for legal deposit legislation define legal deposit as “a statutory obligation which requires that any organization, commercial or public, and any individual producing any type of documentation in multiple copies, be obliged to deposit one or more copies with a recognized national institution.”

How to exploit AV legaldeposits?

The regulatory framework – I

Preconditions for exploiting AV works

The actual (‘physical’)possession of a copy

Law or regulation on audiovisualarchives

The right to use the work

• which is on the public domain or

• the licence of the rights holders is granted

Copyright law

How to exploitthe AV legal deposits?

The regulatory framework – II

Prseconditions for exploiting AV works

How to exploit AV legaldeposits?

The regulatory framework – II

Preconditions for exploiting AV works

How to exploit AV legaldeposits?

The legal challenge

Law or regulation

on audiovisual

archives

Copyright law

The interface: exceptions and limitationsfor publicly accessible libraries and archives

EU law: � Directive 2001/29/EC „Infosoc”,Praemble (34) and Article 5 2. (c) and 3. (n)Hungarian law:

� CopyrightAct, Sec. 35. § (4), (7); 38. § (5)

How to exploit AV legaldeposits?

Rights subject to copyright licensing

archiving: the right for reproduction

transferring the works via the electronic communication system: the right for communication to the public

use of the works by individuals on PC terminals: the right for public performance

How to acquire these rights?

How to exploit AV legaldeposits?

The concepts of free use for public interest purposes

- Precondition: the 2001/29/EC ‘Infosoc’ Directive (Preamble (34) and Article 5, 2.(c) and 3. (n))

- How to broaden the boundaries of the EU legal framework?

- the exempt for the free use by libraries, educational insitutesand archives (special entities),

- on their premises (special physical space)

- with designated terminals (special security recquirements)

National Audiovisual Archive-points to enable the free access of publicinstitutions

How to exploit AV legaldeposits?

National AV Archive Points: FREE ACCESS

COPYRIGHT ACT Sec. 38. (5):

‘works forming part of the collection of publicly accessible libraries, educational establishments [Article 33(4)], museums, archives as well as picture or audio archives qualifying as public collections, 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, to this end, such works may be communicated, including their making available, to such members of the public, provided that such a use is carried out in a way and on conditions as provided for in separate legislation and it is not intended for earning or increasing income even in an indirect way’

How to exploit AV legaldeposits?

FREE ACCESS to European Legal Deposits in European AV Archives?

Is there a possibility for that?

Is new European legislation needed?

Questions

Thank you for your attention