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What does it mean in our case to transfer the copyrighted film for free use if you order the optional package?

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• Completely free use, without time limit

• The film can be copied, used anywhere, distributed without any restrictions

• There is no ban on our part

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Legal background

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Free use is primarily copyright concept, which enables the free use of works protected by copyright (including images, sound, text), including quoting them, under specified legal conditions.

The current Hungarian copyright law contains the following provisions on free use:

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general rules

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§ 33 (1) Within the scope of free use, use is free of charge and does not require the author's permission. Only published works may be freely used in accordance with the provisions of this law.

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(2) The use is also permitted and free of charge based on the provisions on free use only to the extent that it is not detrimental to the normal use of the work and does not unreasonably damage the legitimate interests of the author, and also if it meets the requirements of fairness and is not aimed at purposes incompatible with the purpose of free use for a suitable purpose.

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(3) The provisions on free use cannot be interpreted expansively.

(4) From the point of view of the application of the provisions of this chapter, the use serves the purpose of school education if it is part of the curriculum in kindergarten education, primary school, secondary school, vocational training school, vocational school education, basic art education or higher education under the scope of the Act on Higher Education, and is implemented in accordance with the training requirements.

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Cases of free use

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Section 34 (1) Anyone can cite a part of the work - to the extent justified by the nature and purpose of the receiving work and faithfully to the original - by naming the source and the author indicated there.

(2) An excerpt of a published literary or musical work, or a smaller independent work of this type, may be used for educational purposes in schools and for the purpose of scientific dissemination, with the name of the source and the author indicated therein. The use of the work in another work to an extent that exceeds the citation is regarded as appropriation.

(3) The permission of the author is not required for the reproduction and distribution of the transferable work referred to in paragraph (2), if such transferable work is declared a textbook or reference book in accordance with the applicable laws, and the school purpose is indicated on the title page.

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§ 35 (1) A natural person may make a copy of the work for private purposes, if it does not serve the purpose of earning or increasing income even indirectly. This provision does not apply to the architectural work, the technical installation, the software and the database operated with a computer technology device, as well as the recording of the public presentation of the work on an image or sound medium. Sheet music with reprography [21. § (1) para.] for private purposes and cannot be duplicated in the cases regulated in points b)-d) of paragraph (4).

(2) An entire book, as well as a magazine or daily newspaper as a whole, can only be copied by hand or typewriter for private purposes.

(3) It is not considered free use - regardless of whether it is for private purposes - if a copy of the work is made with another person on a computer or on an electronic data carrier.

(4) Library providing public services, serving the purpose of school education [33. § (4) para.] institution, museum institution, archive, and image and sound archive - outside of business activity - may make a copy of the work for internal institutional purposes in a way and to the extent appropriate for the purpose, if it does not indirectly serve the purpose of earning or increasing income, and

a) necessary for scientific research,

b) it is prepared from its own copy as archiving for scientific purposes or for the purpose of public library services,

c) it is made from a smaller part of a published work or from a newspaper or magazine article, or

d) a separate law allows it in exceptional cases, under specific conditions.

(5) Individual parts of a work published as a book, as well as newspaper and magazine articles, may be reproduced for the purpose of school education in the number of copies corresponding to the number of students in a school class or required for public and higher education exams.

(6) Free use is incidental or intermediate temporary reproduction of the work – an inseparable and essential part of the technical process leading to use, without independent economic significance – if its sole purpose is to enable

a) transmission between third parties on a network, by an intermediate service provider, or

b) the use of the work authorized by the author or permitted under the provisions of this law.

(7) Free use Temporary recording made by the radio or television organization with its own equipment of a work that can be legally used for broadcasting its own program. If the contract for licensing the broadcast does not stipulate otherwise, this recording must be destroyed or deleted within three months from the date of making the recording. Among these recordings, however, the ones – specified in a separate law – that have an extraordinary documentation value can be preserved for an unlimited period of time in an image or sound archive that is considered a public collection.

(8) The cases of free use regulated in paragraphs (1), (4) and (5), and (7) do not affect Articles 20-22. the application of those contained in §.

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Section 36 (1) Details of publicly held lectures and other similar works, as well as political speeches, may be freely used for the purpose of information - to the extent justified by the purpose. In the case of such use, the source must be indicated - together with the author's name - unless this proves impossible. The permission of the author is required to publish the mentioned works in a collection.

(2) Articles related to daily events, published on timely economic or political topics or works broadcast on these topics may be freely reproduced in the press and broadcast to the public - including making them available to the public [Article 26. § (8) para.] also - provided that the author has not made a statement prohibiting such use. In the event of such use, the source - together with the name of the author - must be indicated.

(3) Any work of fine art, photographic art, architecture, applied art or industrial design art may be freely used as scenery in television broadcasting. In case of such use, it is not mandatory to indicate the name of the author.

(4) The author's permission and the name of the author are required for the use of works created for the purpose of scenery and costumes in television broadcasting.

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§ 37 Certain works may be freely used for the purpose of providing information on timely, daily events - to the extent justified by the purpose. In the case of such use, the source must be indicated - together with the author's name - unless this proves impossible.

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§ 38 (1) If the performance does not directly serve the purpose of earning or increasing income, and the contributors do not receive remuneration, the works may be performed in the following cases:

a) in the case of a stage work, at a performance by artistic groups who like art, based on a published text or a legitimately used manuscript, provided that this does not conflict with an international treaty,

b) for the purpose of school education and during school celebrations,

c) in the framework of social and elderly care,

d) at celebrations held on national holidays,

e) at religious ceremonies and church celebrations of churches,

f) for private use and at occasional private gatherings.

(2) The purpose of use is to increase income, if it is suitable for increasing the customer base or attendance of the user (for example, a store, entertainment venue), or if it serves to entertain guests or other consumers visiting the business premises. In particular, the collection of the entrance fee, even if it is done under a different name, is regarded as earning income. Reimbursement in excess of the actually incurred and justified costs in connection with the performance is also regarded as remuneration.

(3) A school dance party is not considered a performance for school education purposes.

(4) Meetings organized by business organizations and legal entities that are not business organizations exclusively for their members, officials, and employees are also closed.

(5) In the absence of a different agreement regarding use, libraries providing public services, libraries serving the purpose of school education [33. § (4) para.] works that are part of the collections of institutions, museum institutions, archives, and image and sound archives can be freely displayed for individual members of the public for the purpose of scientific research or individual study on the screens of computer terminals set up for this purpose in the premises of such institutions, and for this purpose - in the manner and conditions specified in separate legislation - they may be freely transmitted to the mentioned members of the public, including making them available to the public, provided that such use does not indirectly serve the purpose of earning or increasing income.

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§ 39. Libraries providing public services may freely loan individual copies of the work. This provision does not apply to software and databases operated by computer technology.

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§ 40 Copies reproduced for free use - with the exception of interlibrary loans - may not be distributed without the permission of the author.

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§ 41. (1) The non-commercial use of the work falls within the scope of free use if it exclusively serves to satisfy the needs of disabled persons - directly related to their disability - and does not exceed the extent justified by the purpose.

(2) The work may be used for the purpose of proof in judicial, state administrative or other official proceedings, in a manner and to the extent appropriate for the purpose.