Government Decree 117/2004. (IV. 28.) Korm.
on the determination of the manner and conditions of the communication and
making available to the public in the case of free use provided for in Article 38(5)
of Act LXXVI of 1999 on Copyright
By virtue of the authorization under Article 112(3)) of Act LXXVI of 1999 on
Copyright (hereinafter: “Copyright Act”), the Government orders as follows:
Art. 1. For the purposes of this Decree:
a) beneficiary establishment: establishment referred to in Article 38(5) of the
Copyright Act;
b) user: to whom the work forming part of the collection of the beneficiary
establishment is displayed or communicated (is made available), in compliance with
Article 38(5) of the Copyright Act, for the purposes of research or private study.
Art. 2. (1) The beneficiary establishment may use the work freely under Article
38(5) of the Copyright Act if
a) it applies a safe technical solution, which hinders the modification and
reproduction (fixation on any carrier) of the elements made available of its collection
as well as their communication outside the circle of persons defined as users, including
the making available to the public;
b) it provides information that the work made available can only be used for the
purposes of research or private study referred to in Article 38(5) of the Copyright Act.
(2) A further condition of the application of Article 38(5) of the Copyright Act is
that in its regulations the beneficiary establishment should define for the users, in
compliance with the provisions of this Decree, the order of access to computer
terminals. In the regulations, the user’s statement should be required, as a precondition
of access, that he will use the computer terminals for the purposes of research and
private study referred to in Article 38(5) of the Copyright Act.
Art. 3. (1) In order to be accessible on the basis of free use defined in Article
38(5) of the Copyright Act, the collection of the beneficiary establishment may be
freely interconnected with the collection of any other beneficiary establishment
(connection into a dedicated network). For the user the collection of the beneficiary
establishment may be communicated to the public through a computer terminal set up
in another, interconnected beneficiary establishment.
(2) Paragraph (1) may be applied on condition that
a) connection of the collections of beneficiary establishments in a dedicated
network is based on a safe technical solution that prevents any person from accessing
the collections apart from the users of the collections of beneficiary establishments;
b) each beneficiary establishment connected into the dedicated network meets
the requirements referred to in Article 2(1).
(3) For the purposes of Article 2(1)(a) and Article 3(2)(a), a technical solution
shall be regarded as safe, which meets the requirements necessary for the issue of the
information security certificate laid down by special law.
Art. 4. This Decree shall enter into force on the day of the entry into force of the
Act promulgating the international treaty on the accession of the Republic of Hungary
to the European Union.