Commons:FOP Hungary

This page provides an overview of copyright rules of Hungary relevant to uploading works into Wikimedia Commons. Note that any work originating in Hungary must be in the public domain, or available under a free license, in both Hungary and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from Hungary, refer to the relevant laws for clarification.

Governing laws

Hungary has been a member of the Berne Convention since 14 February 1922, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 6 March 2002.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Act No. LXXVI of 1999 on Copyright (consolidated text of July 16, 2015) as the main copyright law enacted by the legislature of Hungary.[1] WIPO holds the Hungarian text of this law in their WIPO Lex database, with an autotranslate facility.[2] The Hungarian National Legislative Library holds the consolidated text as of February 2019.[3]

Durations

Under the Act No. LXXVI of 1999, updated to 2019,

  • Copyright is protected in the author's life and for 70 years after his death.[LXXVI/1999-2019 Art.31(1)]
  • The 70-year period of protection is calculated from 1 January of the year following the death of the author, in the case of joint works, from 1 January of the year following the death of the last deceased partner.[LXXVI/1999-2019 Art.31(2)]
  • If the identity of the author cannot be established, the term of protection is 70 years from the first day of the year following the first publication of the work.[LXXVI/1999-2019 Art.31(3)]
  • In the case of several partially published works, the year of the first publication shall be calculated in parts.[LXXVI/1999-2019 Art.31(4)]
  • The term of protection of a jointly created work is 70 years from 1 January of the year following the first publication of the work.[LXXVI/1999-2019 Art.31(5)]
  • The term of protection for cinematographic works is calculated from 1 January of the year following the death of the last deceased person, whether or not they are co-authors: the director of the film, the screenwriter, the author of the dialogue and the author of music composed for the film production.[LXXVI/1999-2019 Art.31(6)]
  • If the term of protection is not calculated from 1 January of the year following the death of the author or the last deceased co-author, and the work is not made public within 70 years from the first day of the year following its creation, the work longer qualifies for copyright protection.[LXXVI/1999-2019 Art.31(7)]
  • Legal protection applies when a publisher lawfully discloses a previously unpublished work whose copyright has expired. The duration of this protection is 25 years from 1 January of the year following the first publication.[LXXVI/1999-2019 Art.32]

Not protected

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See also: Commons:Unprotected works Under the Act No. LXXVI of 1999, updated to 2019, the following works do not enjoy copyright protection:

  • Laws, other legal instruments of public administration, court or authority decisions, official or other official communications and documents, and standards and other similar provisions made by law.[LXXVI/1999-2019 Art.1(4)]
  • Facts or daily news that are the basis for press releases.[LXXVI/1999-2019 Art.1(5)]
  • An idea, principle, concept, procedure, operating method, or mathematical operation.[LXXVI/1999-2019 Art.1(6)]
  • The expression of folklore. This provision does not affect the copyright protection of the author of an individual, original work inspired by folk art.[LXXVI/1999-2019 Art.1(7)]

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See also: Commons:Copyright tags

  • {{PD-redsludge-hu}} – by photos taken by a staff photographer of the Hungarian Government and is part of the Ajka red sludge accident photo series
  • {{PD-user-hu|username}} – for works released into the public domain by their creators when the creators are Hungarian Wikipedia users.

Currency

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See also: Commons:Currency OK. The Hungarian National Bank (MNB) issued an exemplary decree, which permits reproductions of all forms of Hungarian banknotes and coins in a way which they cannot be misidentified as original, with the most important factor being the usage of the same material as the original. This essentially lifts the counterfeiting restriction from digital copies, without limits (since anyone in possession of a banknote could create a high-quality digital reproduction at ease).[4][5][6][7]

Moreover, they have released a license to allow free usage (unless restricted by the aforementioned anti-counterfeiting decree) of the banknotes they possess direct copyright.[8] This covers most banknotes created since 1983. For all other notes and coins you should still have to locate the author and ask specifically for license, which is not impossible, but tough. In most cases the Magyar Nemzeti Bank is the copyright holder.

The {{HU banknote}} template should be used on recent banknotes. The copyright status for designs of coins should be researched individually. Out-of-copyright banknotes and coins can use {{PD-old}}.

Freedom of panorama

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See also: Commons:Freedom of panorama OK. {{FoP-Hungary}} Under the Act No. LXXVI of 1999, updated to 2019, if a fine art, architectural or applied art creation is erected with a permanent character outdoors in a public place, a view of it may be made and used without the authorization of the author and paying remuneration to them.[LXXVI/1999-2019 Art.68(1)]

Notes
  • Please note that – as determined in this deletion request – "fine art, architectural or applied art" does not include photographs, maps and text (e.g. content of informational boards) and thus FOP does not apply to them. Also,  Not OK for works permanently located in public interiors.
  • The panorama exception is bound to the common clause under article 67 pertaining moral rights: "the name of the author shall be indicated on an image if the image presents a specific work of fine architectural or applied art, industrial design creation, or technical structure. The name of the author shall also be indicated if such creations are used for scientific or educational lectures and school education purposes."[LXXVI/1999-2019 Art.67(3)]

Stamps

See also: Commons:Stamps Stamps of Hungary are probably not in the public domain. Although Hungarian copyright law denies copyright protection for "means of state direction" (Act No. LXXVI. of 1999], I.4), the recommendation by the Council of Copyright Experts rejects a similar arguments for banknotes and suggests that "means of state direction" applies to specific, "official" uses of a work.[9][10] The same logic is presumed to apply to stamps as well. Assume copyrighted until general term of protection expires.

Also refer to Commons talk:Stamps/Public domain#Hungary and Commons:Undeletion requests/Archive/2013-10#File:1888 Kodaly 500.jpg

Threshold of originality

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See also: Commons:Threshold of originality OK

  • stylized text with a common stylized globe icon (does not show the actual image).[11]

 Not OK

See also

Citations

Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
Category:Commons licensing help by country#Hungary Category:Copyright rules of Hungary