Chapter 12: License Contracts, Free Software and Creative Commons in the Hungarian Law
Free and Open Source Software (FOSS) and other Alternative License Models, Ius Comparatum - Global Studies in Comparative Law, Volume 12, p. 235-250, Springer, 2016
13 Pages Posted: 9 May 2016 Last revised: 31 Aug 2021
Date Written: January 1, 2016
Abstract
The Hungárián Copyright Act (HCA) includes a separate chapter on the terms of license (“use”) contracts. The provisions of the HCA serve as lex speciális against the background of general and special rules of contract law codified by the Hungarian Civil Code (HCC). From a historical point of view, the birth of software as a new type of protected work encouraged the reform of copyright contract rules. Nevertheless, the HCA does not contain specific rules on FOSS and CC licenses. It has certain rules on non-written (oral) contracts, introduced especially for these types of licenses entering into Hungarian legal practice. Both pieces of legislation mentioned above apply in relation to FOSS and CC licenses.
Keywords: Licence, FOSS, Open Source, Creative Commons, Copyright Law
JEL Classification: K12, K19, K39
Suggested Citation: Suggested Citation