Legal background

The legal background for NAVA was prepared in October 2004 and passed by the Parliament on 20 December 2004.

The act on the National Audiovisual  Archives was coming into force on 1 January 2006.
According to th Act CXXXVII of 2004, NAVA regularly collects and stores the programmes broadcasted by the Hungarian  broadcasters, provides them with content
description data (process them) and makes them available for the public for educational and research purposes.

According to the Act No. LXXVI of 1999 on Copyright the public libraries and public collections may freely publish their digital collection in their closed network

In Section 38 Paragraph (5) of the Act No. LXXVI of 1999 on Copyright, Section 66 of the Act No. CII of 2003 on the amendment of certain industrial right protection and copyright acts completed the present paragraph with "for lack of any differing agreement on use, works belonging to collections of libraries providing public services, institutions serving school education, museal institutions, public record offices, audio and picture archives shall be freely presented to individuals of the public, on the screens of computer terminals installed to this end on the premises of such institutions, for scientific research and individual learning purposes; and in its interest – on ways and conditions stipulated in a special legal regulation - they shall be transmitted to the aforementioned members of the public, including provision of accessibility, supposing that such use  neither indirectly serves purposes of income earning or income growth." 

Through this Section, the act shall place on-line transmission among libraries with the scope of free use, which allows NAVA to work as an "on-line library".

This provision shall promote appropriate operation of the listed collections and archives - serving also research and learning purposes -, either through dedicated networks.

The rights of the programme items preserved by NAVA shall rest with the producers, NAVA disposes of them only if it is agreed in a special contract by the right holder. Basically, access to NAVA's materials is two-levelled. Metadata generated by NAVA (descriptive data) are completely public and shall also be accessed on the Internet.  In compliance with the regulations of the ACR, the programme items preserved by NAVA shall be accessed through a dedicated network, within the framework of library services, for educational and research purposes. NAVA shall ensure prevention of illegal use. Hereby, neither copyrights, nor producer rights are infringed.

Its details, more exactly in the case of this free use, the ways and conditions of transmission and provision of accessibility to some members of the public are stipulated by the Gov. decree 117/2004 (IV.28.) on the determination of the ways and conditions of transmission and provision of accessibility to some members of the public, in the case of free use regulated in Section 38 Paragraph (5) of the Act No. LXXVI of 1999 on Copyright, prepared under the special authorization of the ACR.
 
117/2004 (IV. 28.) Government decree

Under the authorization stipulated in Section 112 Paragraph (3) of the Act No. LXXVI of 1999 on Copyright (hereinafter ACR), the Government shall enact the following:

Section 1  In the implementation of the present decree:
a) beneficiary institution: the institution listed in Section 38 Paragraph (5) of the ACR;
b) user: for whom the beneficiary institution shall present or transmit (make accessible) some  works belonging to its collection for scientific research or individual learning purposes, under Section 38 Paragraph (5) of the ACR.

Section 2 (1) The beneficiary institution shall use the works freely under Section 38 Paragraph (5) of the ACR, if
a) it applies such a secure technical solution that prevents modification, multiplication (recording  on any storage device) of the accessible elements of its collection, as well as its transmission beyond the scope of the persons determined as users, including the provision of its accessibility for the public;
b) attached to the work made accessible, it provides information on the regulation that it can be used only for scientific research or individual learning purposes specified in Section 38 Paragraph (5) of the ACR.
(2) A further requirement of implementing Section 38 Paragraph (5) of the ACR is that the beneficiary institution shall specify in its regulation the order of access to the computer terminals for users, in compliance with the contents of this decree. In the regulations, as the requirement of access, users’ declaration shall be required on the fact that the computer terminals are used for scientific research or individual learning purposes specified in Section 38 Paragraph (5) of the ACR.

Section 3 (1) Under free use stipulated in Section 38 Paragraph (5) of the ACR, the collection of the beneficiary institution shall be freely connected to the collection of any other beneficiary institution for accessibility purposes (connection to target-oriented network). For users, the collection of the beneficiary institution shall be transmitted to the public through the computer terminal set up at the beneficiary institution it is connected to.
(2) The condition of implementing Paragraph (1) is that
a) target-oriented connection of the beneficiary institutions’ collections shall be based on such a secure technical solution which precludes the possibility of anyone else but the users of the beneficiary institutions’ collections to access the collections;
b) each beneficiary institution connected to the target-oriented network shall meet the requirements specified in Section 2 Paragraph (1).
(3) While implementing Section 2 Paragraph (1) a) and Section 3 Paragraph (2) a) the technical solution shall be regarded as secure, provided it shall meet the requirements for issuing the IT security certificate, specified in the special legal regulation. 
Section 4 The present decree shall come into force on the day on which the act proclaiming the international treaty on the Republic of Hungary’s accession to the European Union shall come into force.