Presentation given at the EUscreenXL Strategic Workshop on IPR Regulations for Audiovisual Heritage, The Hague, 13 May 2014

1. Legal deposit of audiovisual
works – copyright matters:
the Hungarian solution
Krisztina Rozgonyi

2. 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.”

3. How to exploit AV legal
deposits?
The regulatory framework – I
Preconditions for exploiting AV works
The actual (‘physical’)
possession of a copy
Law or regulation on audiovisual
archives
The right to use the work
• which is on the public
domain or
• the licence of the rights
holders is granted
Copyright law

4. How to exploit
the AV legal deposits?
The regulatory framework – II
Prseconditions for exploiting AV works

5. How to exploit AV legal
deposits?
The regulatory framework – II
Preconditions for exploiting AV works

6. How to exploit AV legal
deposits?
The legal challenge
Law or regulation
on audiovisual
archives
Copyright law
The interface: exceptions and limitations
for publicly accessible libraries and archives
EU law:
Directive 2001/29/EC „Infosoc”,
Praemble (34) and Article 5 2. (c) and 3. (n)
Hungarian law:
Copyright Act, Sec. 35. § (4), (7); 38. § (5)

7. How to exploit AV legal
deposits?
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?

8. How to exploit AV legal
deposits?
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 insitutes
and 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 public
institutions

9. How to exploit AV legal
deposits?
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’

10. How to exploit AV legal
deposits?
FREE ACCESS to European Legal Deposits in European
AV Archives?
Is there a possibility for that?
Is new European legislation needed?

11. Questions
Thank you for your attention