Legal information

Legal policies and statements

This present data management policy and guide (as of now: Data Management Policy) state that browsing the webpages of the Forum Hungaricum Non-profit Ltd. (Represented by: Executive Director Gabriella Irén Tihanyi; E-mail: info@forumhungaricum.hu) is considered as an implied conduct regarding that the user accepts the terms and conditions listed below. The Forum Hungaricum Non-profit Ltd. allows the use of the documents (as of now: pages) appearing on this particular server (as of now: server) if the user takes note of and accepts the following terms:

  • The pages that can be found on the server serve only the purpose of information gathering.
  • Contents – as any authorial works (as of now: work) – appearing on the pages of the server are under the protection of the first paragraph of the Copyright Law of 1999. LXXVI. (as of now: C.L.).
  • The authors of the works on these pages allow the multiplication of their works as follows (in the lack of contrary dispositions in their works):
        • Multiplication by downloading is allowed only for reading purposes
        • Multiplying or storing the contents of the pages on electronic data storage devices is not allowed in any forms
  • Any other way of use of the works requires the approval of the author.
  • All the logos, graphics, sounds or images on the pages of the server are protected by the related laws of the European Union and Hungary, especially by the Infosoc Policy, the Hungarian C.L., and the law of 1997. XI. on the protection of trademarks and geographical indications of goods. The Forum Hungaricum Non-profit Ltd. is entitled to use them.
  • The pages of the server are not allowed (except for the free use according to the paragraphs 33-41. of the Hungarian C.L.)
        • to be modified in any way or
        • to be multiplied on any data storage devices by any technical methods, to be copied in whole or parts of them or to be remade or
        • to be spread or used for any commercial purposes or
        • to be broadcasted in public by any technical methods.
  • Usage without permission will open the possibility for employing criminal law and civil law (compensation) sanctions.

The Forum Hungaricum Non-profit Ltd. reserves the rights to modify or remake its website any time and to restrict or suspend its accessibility. The Forum Hungaricum Non-profit Ltd. does not guarantee the continuous and errorless access to the pages on its server. The Forum Hungaricum Non-profit Ltd. is not liable for the content accuracy and reliability of the websites that are linked on its website.

The Forum Hungaricum Non-profit Ltd. disclaims liability regarding the suitability of the information items, graphics, diagrams, images and software displayed on the pages of this server for any purposes. All the documents, graphics, diagrams and images are displayed in their present states without any warranty and they can be changed without any warnings in advance. The Forum Hungaricum Non-profit Ltd. disclaims liability for any direct, indirect, accidental, special or any other damages (including without limitation: the missed profit, interruption of the course of business or damages caused by lost business information or data loss).

 

About protection of personal data

The Forum Hungaricum Nonprofit Ltd. processes all personal data – that the company becomes aware of when using websites – in accordance with the provisions of the 2011 / CXII. law on the protection of personal data and the freedom of public sector information. The Forum Hungaricum Nonprofit Ltd. respects personal data protection and processes provided data with regard to the current legislation. If you transmit any of your personal data to the Forum Hungaricum Nonprofit Ltd. you give your consent to the Forum Hungaricum Nonprofit Ltd. to register and administer these data, for the purposes and time defined by the nature of transaction. The Forum Hungaricum Nonprofit Ltd. uses your personal data solely for the defined purposes and does not merge them with its databases deriving from other sources, does not transmit them to any third party in any form, and uses all reasonable efforts to protect these data.

 

Rights related to the use of database records

Database records are uploaded to the database by the Forum Hungaricum Non-profit Ltd. and its partner institutes.

Database records can be used according to the legal information items which can be found on the pages of each database record.

The metadata fields that contain copyright information are:

  • Access rights: it provides information about the availability conditions (free or paid) of the original document or object in the data provider institute.
  • Licence: The legal rule that allows or restricts the use of a digitised document or digitised work.
  • Rightsholder: The person (or rarely an institution in case of a collecting society) that owns the document, and is entitled with copyright or collecting society right.

Every partner institute is responsible for the appropriate uploading of documents and metadata, according to the regulations of law. The Forum Hungaricum Non-profit Ltd. is not responsible for the documents uploaded in its database in respect of copyrights or the rights relating to personality.

If a person (parent or guardian in case of a child) appearing on a document has not consented to having been photographed and to the publishing of this photo, the uploading of the photo might infringe the rights relating to personality. If a photo or video was taken of a crowd of people and records people in a public event, it can be published without infringement without the consents of the people showed.

About watermark usage

Similarly to Europeana, we do not support the use of watermarks on digitised documents. According to Europeana, it is important to publish cultural heritage objects free from legal restrictions – mostly by reforming licence usage -, thus they do not prefer watermarked documents and will not display them in their virtual expositions either.

Access rights

Paid access: the original object is available / can be seen at the institute that owns the document against payment of a fee. For example: service fee, entrance fee to the institute.
Free access: the original object is available / can be seen at the institute that owns the document without payment.
Paid download: the original, born-digital document is available / can be seen at the institute that owns the document against payment of a fee.
Free download: the original, born-digital document is available / can be seen at the institute that owns the document without payment.
Access with research licence: the original, physical document is available with a research licence at the institute that owns the document.

 

Licences

1. Public Domain Mark (PDM)

2. No Copyright – non-commercial use only (NoC-NC)

3. No Copyright – Other Known Legal Restrictions (NoC-OKLR)

4. Creative Commons CC0 1.0 Universal Public Domain Dedication (CC0)

5. Creative Commons – Attribution (CC BY)

6. Creative Commons – Attribution, ShareAlike (CC BY-SA)

7. Creative Commons – Attribution, No Derivatives (CC BY-ND)

8. Creative Commons – Attribution, Non-Commercial (CC BY-NC)

9. Creative Commons – Attribution, Non-Commercial, ShareAlike (CC BY-NC-SA) 

10. Creative Commons – Attribution, Non-Commercial, No Derivatives (CC BY-NC-ND)

11. In Copyright (InC)

12. In Copyright – Educational Use Permitted (InC-EDU)

13. In Copyright – EU Orphan Work (InC-EU-OW): rightsholder(s) is unknown or their location is unknown.

The work is protected by copyright law, but its author is unknown or the author’s location is unknown. The Hungarian Intellectual Property Office gives a licence to the person, whose search for the rightsholder was done in accordance with the relevant legislation, but it was not successful.

Licence does not allow adapting.

As of 29 October 2014, a specific circle of favoured institutions has the possibility for using freely the orphan works that belong to their own collections, for certain purposes. The circle of institutions consists of public libraries, educational institutions, museums, archives, image and sound archives that are qualified as public collections. The condition of usage: the diligent and bona fide search for the rightsholder(s) of the work remained unsuccessful and certain information pieces about the work must be recorded in a unified online database of the European Union.

14. Copyright Not Evaluated (CNE): if the institution has no information about the legal status of the document.

This label can be used in cases when the uploading institute does not have any information about the legal status of certain works. It can be used in cases when a diligent search for the author(s) of works did not happen, thus these works cannot be qualified as orphan works.

 

Possibilities for judicial remedies

Concerning copyright and rights relating to personality, the liability for the documents uploaded in the database of the Forum Hungaricum Non-profit Ltd. is undertaken by the institute that uploaded the certain record. The Forum Hungaricum Non-profit Ltd. will remove every uploaded content that infringes copyrights or rights relating to personality from its public database if the situation cannot be settled by judicial remedies.

 

The Hungarian legislation in force

The original texts can be found on the Hungarian pages.

Copyright Law – 1999. Act LXXVI.

Civil Code – 2013. Act V.