Croatia has implemented the Illustration for teaching or scientific research (Art. 5.3(a) InfoSoc) exception in §34(2), §34(3)(a), §34(3)(b), §35(5), §68(2) and §83(2) of the Copyright Act. The national exception is slightly more restrictive than the EU exception.

Implementation summary:

Hungary has one exception covering the reproduction, distribution and communication to the public of works to pupils and students through a secure electronic environment for purposes of illustration for education and exams (§35(5)); one exception covering the use of a work in another work for purposes of illustration for school education and scientific research (§34(2)); one exception covering the reproduction and distribution of the recipient work, if this work is published as a textbook or reference book (§34(3)(a)); one exception covering the use of the recipient work in digital form at the place of education and its communication to the public through a secured electronic environment for the purpose of school education (§34(3)(b)); and one exception covering the use of visual works in the course of scientific dissemination of knowledge (§68(2)). In addition, there is a provision that states that no permission is required from holders of neighbouring rights in cases where the use of copyrighted work is permitted (§83(2). None of the exceptions is subject to compensation.

Implementation details:

Beneficiaries:

  • anyone (exception for use in another work, exception for using recipient work as a textbook or refernce book, exception for using recipient work in digital form, and exception for the use of visual works)
  • anyone in public, vocational and higher education (exception for reproduction, distribution and communication to the public)

Purposes:

  • illustration for school education and scientific research, with no commercial purposes (exception for use in another work)
  • school educational purpose (exception for using the recipient work as a textbook or reference book)
  • school education, with no commercial purposes (exception for using recipient work in digital form)
  • illustration for education or exams (exception for reproduction, distribution and communication to the public)
  • scientific dissemination of knowledge (exception for the use of visual works)

Usage:

  • use in another work (exception for use in another work)
  • reproduction and distribution (exception for using the recipient work as a textbook or reference book)
  • use of recipient work in digital form or for communication to the public (exception for using recipient work in digital form)
  • reproduction, distribution and communication to the public (exception for reproduction, distribution and communication to the public)
  • any use (exception for the use of visual works)

Subject Matter:

  • published literary or musical work, film, pictures of works of fine art, architecture, applied art and industrial design, photographic works, performances, phonograms, broadcasts, film fixations, press publications (exception for use in another work)
  • any work, performances, phonograms, broadcasts, film fixations, press publications ((exception for using the recipient work as a textbook or reference book and exception for using recipient work in digital form)
  • work published as a book, newspaper and periodical articles, performances, phonograms, broadcasts, film fixations, press publications (exception for reproduction, distribution and communication to the public)
  • image of works of fine art, architecture, applied art, industrial works of design which constitute an artistic creation and photographic works (exception for the use of visual works)

Compensation:

  • do not require payment of compensation

Other Conditions:

  • quantity limitations: - parts (of a literary, musical or film work); to the extent justified by the purpose (exception to use in another work); - parts (of a book); in a number necessary for that purpose (exception for reproduction, distribution and communication to the public)
  • technological limitations: communication to the public via a secured electronic environment (exception for using recipient work and exception for reproduction, distribution and communication to the public)

Introduced/last updated: 01 June 2021

Remarks: There's an exception allowing the use in another work (to an extent exceeding quotation) of parts of a published literary or musical work or of a film, or small entire works of such nature as well as pictures of works of fine art, architecture, applied art and industrial design creations, and photographic works, for the purposes of illustration for school education and scientific research, to the extent justified by the purpose, on the condition that the recipient work is not used for commercial purposes.
There's an exception allowing the reproduction and distribution of the recipient work, if the recipient work, pursuant to the relevant laws, is published as a textbook or reference book and the school educational purpose is indicated on its front page.
There's also an exception allowing the use of the recipient work in digital form on its premises, by electronic means, or for transmission to the public via a secure electronic environment, for the purpose of school education, provided that such uses are not made on a commercial basis. The use foreseen in this exception does not apply to sheet music, and there's a cross-border provision stating that the uses made under this exeption shall be deemed to occur solely in the Member State where the educational establishment is established.
There's an exception allowing the reproduction, distribution and communication to the pupils and students concerned, through the secure electronic environment of the educational establishment, of parts of a work published as a book, as well as newspaper and periodical articles, for the purposes of illustration for school education or exams in public, vocational and higher education in a number necessary for that purpose.
There's an exception allowing the use of the image of works of fine art, architecture, applied art, industrial works of design which constitute an artistic creation and photographic works in the course of scientific dissemination of knowledge.
A secure electronic environment is defined as a technical solution that prevents a work made available for retrieval from being carried out outside the scope of education and training.
There's a provision stating that, in the cases where the law allows the use of a copyrighted work without the authorization of the author, no authorization is required from the holders of neighbouring rights.