WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/N/lIHUN/C/l 
18 March 1997 
(97-1113) 
Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Hungary 
The present document reproduces' the text of Law No. III of 1969 on Copyright, as amended 
by Law No. LXXII of 1994, as notified by Hungary under Article 63.2 of the Agreement (see 
document IP/N/l/HUN/l/Rev.1). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES 
A LA PROPRIETE INTELLECTUELLE NOTIFIEES 
AU TITRE DE L'ARTICLE 63:2 DE L'ACCORD 
Hongrie 
Le present document contient le texte' de la Loi no III de 1969 sur le droit d'auteur, modifiee 
par la Loi no LXXII de 1994, notifiee par la Hongrie au titre de l'artic1e 63:2 de l'Accord (voir le 
document IP/NIlIHUNIlIRev.I). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PAIffiAFO 2 DEL ARTICULO 63 DEL ACUERDO 
Hungrfa 
En el presente documento se reproduce' el texto de la Ley N° III de 1969 sobre el Derecho de 
Autor, modificada por la Ley N° LXXII de 1994, que Hungria ha notificado en virtud de 10 dispuesto 
en el parrafo 2 del articulo 63 del Acuerdo (vease el documento IP/NIlIHUNIlIRev.I). 
'English only/anglais seulement/ingles solamente. IPINI 1 IRUN/CI 1 
Page 2 
INDUSTRIAL PROPERTY 
AND COPYRIGHT-JULY/AUGUST 1996 COPYRIGHT AND NEIGHBORING RIGHTS 
LA WS AND TREATIES 
(The Decree amending Decree No. 911969. (XII.29.) MM Implemellting Act No. III of 1969 on Copyright was previously published under code 
!lumber 1-01. Decree No. 911969 as revised is IIOW published as Text 1-02.) 
HU HUNGARY 
Act No. III of 1969 on Copyright* 
(as last amended by Act No. LXXII of 1994) 
TABLE OF CONTENTS*' 
Part One: General Provisions 
Chapter I: Introductory Provisions 
Chapter II: 
Chapter Ill: 
Chapter IV: 
Chapter V: Scope of the Act ..................... . 
Copyright ........•.................. 
Moral Rights ........................ . 
Economic Rights .•................... 
Limitations on Copyright 
Free Uses ........................•.• 
Use Without Authorization by the Author 
Against Payment of a Fee ............. . 
Licensing of Use Out of Public Interest .. 
Contracts for Use 
General Provisions Relating to Contracts 
for Use ............................. . 
Publication Contracts ................ . 
Broadcasting Contracts ............... . 
Part Two: Provisions Applying to Specific Forms of Works 
Chapter VI: Literary Works ...................... . 
Dramatic Works ..................... . 
Contracts for Stage Performances ...... . 
Chapter VII: Musical Works ...................... . 
Chapter Vlll: Cinematographic Works .............. . 
Adaptation Contracts ................. . 
Chapter IX: Works of Fine Art, Architecture, Engineer­
ing and Applied Art and Artistic Photo-
Part Three: 
Chapter X: 
Chapter XI: graphs ............................. . 
Protection of Neighboring Rights 
Protection of Performers' .............. . 
Protection of Phonogram Producers .... . 
Protection of Radio and Television Organi-
zations ............................. . 
Common Rules Applying to the Protection 
of Performers, Phonogram Producers and 
Radio and Television Organizations ..... 
Protection of Photographs, Illustrations 
and Other Visual Aids ................ . 
* EllIry il1/0 force (of last amending Law): January I, 
1995. 
SOllrce: Translation by the International Bureau of 
WIPO on the basis of an English translation communicated by 
the Hungarian authorities. 
** Added by WIPO. Articles 
1-3 
4-7 
8-12 
13-lSA 
16-21 
22-23 
24 
2S-30 
31-33 
34 
3S-37 
38 
39 
40 
41 
42-43 
44-48 
49-S0A 
SOB-SOE 
SOF-SOH 
50I-50K 
SI 
HUNGARY -Text 1-01, page 001 IPINIl/RUN/CI 1 
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INDUSTRIAL PROPERTY 
AND COPYRIGHT-JULY/AUGUST 1996 COPYRIGHT AND NEIGHBORING RIGHTS 
LA WS AND TREATIES 
Part Four: 
Chapter XII: Consequences of the Infringement of 
Copyright .......................... . 52-54 
Chapler XIII: Payments Due After Expiration of the Term 
of Protection ........................ . 54A 
Chapter XIV: Final Provisions 
Board of Copyright Experts ........... . 55 
56 Entry into Force, Implementation ...... . 
PART ONE 
GENERAL PROVISIONS 
Chapter I 
Introductory Provisions 
Scope of the Act 
Art. 1.-( I) This Act shall provide protection for lit­
erary, scientific and artistic creations. The Republic of 
Hungary shall support the institutions which have re­
sponsibility for stimulating creative work and promoting 
the utilization of authors' works on a social scale. 
(2) I This Act shall also provide protection for other 
activities similar in nature to authors' creative works 
(Article 51) and for the activities of performers, phono­
gram producers, radio and television organizations and 
entities that communicate original cable programs to the 
public. 
(3) This Act shall afford no protection to statutes, 
public resolutions, official notifications, documents, 
standards or other obligatory regulations. 
Art. 2. Copyright protection shall extend to a work 
first disclosed abroad only if the author is a Hungarian 
national or if protection is afforded to the author under 
international conventions or by reciprocity. 
Art. 3. Any matters not regulated by this Act shall be 
governed by the provisions of the Civil Code or, if 
affecting employment, by the provisions of the Labor 
Code.2 
Copyright 
Art. 4.-( I) Copyright shall belong to the person 
who has created the work (the author). 
I Amended by Act No. VII of 1994, Art. 13. In force from 
July I, 1994. 
2 See Act No. IV of 1959 on the Civil Code and Act 
No. XXII of 1992 on the Labor Code. 
HUNGARY -Text 1-01, page 002 (2) Copyright protection shall be afforded, without 
prejudice to the rights of the author of the original work, 
with respect to the alteration, adaptation or translation of 
the work of another person if the work thus obtained has 
an individual and original character. 
Art. 5.-(1) The authors of a joint work, where not 
made up of independent parts, shall enjoy copyright 
jointly and, where not otherwise agreed, in equal parts. 
However, any joint author may take action independent­
ly in the event of infringement of copyright. 
(2)3 Where a joint work is made up of independent 
parts, each joint author shall enjoy separate copyright in 
his respective part. 
(3) Copyright in collected works shall belong to the 
editor for the work as a whole, however, this shall not 
prejudice the independent rights of the authors of the in­
dividual works included in the collection. 
Art. 6.-(1) The author's rights in a work disclosed 
anonymously or pseudonymously shall be exercised, un­
til the identity of the author becomes known, by the per­
son who first discloses the work. 
(2) Organizations representing the interests of au­
thors may take action to uphold the rights of an anony­
mous author of an unpublished work when it can be 
presumed with good reason that the anonymous author is 
a Hungarian national. 
Art. 7. Moral rights and economic rights in a work 
shall belong to the author. 
Chapter II 
Moral Rights 
Art. 8.-(1) The author shall decide whether his 
work may be disclosed. 
(2) The author's consent shall be required to provide 
to the public any information on the contents of a work 
prior to its disclosure. 
Art. 9.-(1) The author shall have the right to have 
his name mentioned on his work as that of the author; 
3 Amended by Decree-Law No. 27 of 1978, Art. I. 
HU IP/N/I/HUN/C/l 
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INDUSTRIAL PROPERTY 
AND COPYRIGHT -JULY/AUGUST 1996 
reference shall be made to the author if a part of his work 
is included in another work or if his work is quoted or 
reviewed. The author shall be entitled to disclose his 
work under a pseudonym or without stating his name. 
(2) The author may prevent any person from calling 
into doubt his capacity as author. 
Art. 10. Any unauthorized alteration or use of a work 
shall be considered an infringement of the author's moral 
rights. 
Art. 11. The author may withdraw his authorization to 
disclose his work or may prohibit the continued use of a 
work already disclosed if he has good grounds to do so; 
however, he shall be required to indemnify for any dam­
ages having occurred due to such declaration. The' em­
ployer's right to exploit the work shall not be affected. 
Art. 12.-(1) Moral rights shall not be limited in time. 
They may not be transferred or waived. . 
(2) After the author's death, the moral rights set out 
in this Act may be exercised during the term of protec­
tion (Article 15) by the person responsible for the admin­
istration of the author's literary, scientific or artistic 
legacy or, if there is no such person or the person respon­
sible fails to take action, the person having acquired 
copyright by inheritance. 
(3) After the expiration of the term of protection, the 
organizations competent to represent authors' interests 
or other organizations designated by the Minister for 
Culture and Education may take action for the protection 
of the author's moral rights in cases where the use of the 
work results in a distortion of the work or is prejudicial 
to the author's reputation. 
Chapter III 
Economic Rights 
Art. 13.-(1) Any exploitation of the work shall be sub­
ject to the author's authorization, unless otherwise pro­
vided by this Act. The use of the specific title of a work 
shall likewise be subject to the author's authorization. 
HU (2) After the author's death, the legal successor in ti­
tle of the author shall have the right to grant authoriza­
tion during the term of protection. 
(3) Remuneration shall be paid to the author or his 
successor in title for the exploitation of the work, unless 
otherwise provided by this Act. The right holder may 
waive remuneration only by an explicit declaration. 
Art. 14.-( 1) Where a work has been created as part of 
the author's employment conditions and the employer is 
entitled to use the work during the period of employ­
ment, delivery of the work shall imply consent to disclo-COPYRIGHT AND NEIGHBORING RIGHTS 
LAWS AND TREATIES 
sure of the work and transfer of the right to use it to the 
employer. The employer shall enjoy such right only 
within the scope set out in the terms and conditions of 
employment and shall exercise it only within the field of 
his activities. The author shall require the employer's 
consent to exploit the work himself outside the field re­
ferred to above; however, the employer may only refuse 
to give his consent if he has good reason to do so. 
(2) Where the maximum duration of the exercise of 
the right to use a work is laid down by law, such right 
shall belong to the author after the expiration of that 
period. Such right shall also belong to the author if the 
employer does not use the right during the period laid 
down by law. 
Art. 15.-(1)4 The economic rights shall enjoy protec­
tion during the lifetime of the author and for 70 years 
following his death. 
(2) The 70-year term of protection shall be counted 
from the first day of the year following the death of the 
author and, in the case of joint authors (Article 5(1»), 
from the first day of the year following the death of the 
last surviving joint author. 
(3) If the identity of the author cannot be ascertained, 
the 70-year term of protection shall commence with the 
year following first disclosure of the work. However, 
should the author make himself known during that time, 
the term of protection shall be counted as determined in 
paragraph (2). 
(4) The term of protection for cinematographic cre­
ations shall be 70 years commencing on the first day of 
the year following the year of presentation. 
Art. 15A.5 [Repealed) 
Chapter IV 
Limitations on Copyright 
Free Uses 
Art. 16. Those uses that are free (Articles 17 to 2 I) 
shall entail no remuneration and shall not be subject to 
authorization by the author. 
Art. 17.-(1) Any part of a disclosed work may be 
quoted provided the source and the author shown as such 
are named. Such quotations shall be true to the original 
and their scope shall be warranted by the nature and pur­
pose of the work in which they are included. 
4 Amended by Act No. VII of 1994, Art. 14. In force from 
July I, 1994. See Act No. VII of 1994, Art. 29(1). 
5 Inserted by Decree-Law No. 27 of 1978, Art. 2, repealed by 
Act No. LXXII of 1994, Art. 3. Invalid from January 1, 1995. 
HUNGARY -Text 1-01, page 003 INDUSTRIAL PROPERTY 
AND COPYRIGHT -JULY/AUGUST 1996 
(2) Any part of a discloscd work, or the whole of a 
work of a small size, may be reproduced for the pur­
poses of school education-including radio or television 
courses-and for the propagation of scientific knowledge, 
provided the source and the author shown as such are 
named. 
(3) 6 [Rcpealed1 
Art. 18.-(1) Any person may make a copy of a dis­
closed work provided he does not do so for the purpose 
of putting it into circulation or with gainful intent and 
does not prejudice the legitimate interests of the author 
in any other manner. This shall not apply to works of 
architecture and engineering structures. 
(2)7 The lending of individual copies of a work­
except for computer programs and with the limitation 
under paragraph (3)-5haJl constitute a free use. 
(3)8 The lending of copies of cinematographic works 
and other audiovisual works and of works on ph ono­
grams shall be deemed a free use only if done by public 
libraries operating as budget institutions. 
Art. 19.-(1) Reports containing facts and news may 
be freely quoted provided the source is named. The con­
tents of public proceedings and speeches may be freely 
used; however, the author's authorization shall be re­
quired for publication of speechcs in collections. 
(2) Newspapers, periodicals, radio and television 
may freely quote from current economic and political ar­
ticles provided the source and the author shown as such 
are named, unless such quoting was prohibited on origi­
nal publication of the article. 
(3) Television may freely use, incidentally or per­
ceivable in the background, works of fine art, architec­
ture or applied art, and photographs. In such cases, it 
shall not be necessary to name the author. 
Art. 20.-( I) Radio and television may report, within 
the framework of broadcast news and current affairs 
programs on various works in connection with daily 
events and to the extent warranted by the occasion. 
In such cases, it shall not be necessary to name the 
author. 
(2) Publicly exhibited works of fine art, architecture, 
applied art and photography may be presented by both 
newspapers and periodicals and in the news and other 
current affairs programs on tclevision. 
6 Repealed by Act No. VII of 1994, Art. 19(a).lnvillid from 
July I, 1994. 
7 Amended by Act No. VII of 1994, Art. 15(1). In force 
frolll July 1, 1994. 
R Inserted by Act No. VII of 1994, Art. 15(2). In force frolll 
July I, 1994. 
HUNGARY -Text 1-01, page 004 IP IN I lIHUN lell 
Page 5 
COPYRIGHT AND NEIGHBORING RIGHTS 
LA WS AND T~EATIES 
Art. 21.-(1) A work already disclosed may be per­
formed at school celebrations and for other school pur­
poses. 
(2) A work already disclosed may be performed at 
occasional private gatherings and on the occasion of 
mass demonstrations (parades, etc.) if there is no 
gainful intent whatsoever, even indirectly, no intent to 
increase revenue and no fees are paid to the partici­
pants. 
(3) A work may be performed for private use if there 
is no gainful intent whatsoever, not even indirectly, and 
no intent to increase revenue. 
Use Without Authorization by the Author 
Against Paymenl of a Fee 
Arts. 22 and 23.9 [Repealed1 
Licensing of Use OUI of Public Interest 
Art. 24. [Repealed] 
Chapter V 
Contracts for Use 
General Provisions Relating to Contracts for Use 
Art. 25. In the cases determined by law, the author or 
his successor in title may only conclude a contract for the 
use of a work with the competent organization or through 
the agency of such organization. 
Art. 26.-(1) The terms and conditions of contracts for 
use shall be determined by the parties, taking into con­
sideration the limitations imposed by law. 
(2) No departure to the author's prejudice shall be 
admissible from any provision of this Act which serves 
to protect the author's interests. Similarly, no departure 
shall be permitted from any provision of a legislative text 
issued on the basis of this Act and that prohibits such 
departure. Any stipulation in a contract contrary to these 
provisions shall be null and void; it shaH be replaced by 
the corresponding provision of law. 
Art. 27. A contract for use shall be concluded in writ­
ing, unless otherwise provided by law. 
Art. 28.-0) A user shall acquire an exclusive right to 
use only if expressly stipulated in the contract and if it 
does not conflict with the provisions of law. 
9 Repealed by Act No. VII of 1994, Art. 19( a). Invalid from 
July I, 1994. 
HU IP/N/1/HUN/C/l 
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INDUSTRIAL PROPERTY 
AND COPYRIGHT -JULY/AUGUST 1996 
(2) A user may transfer his rights only with the 
author's authorization, unless otherwise provided by 
law. 
(3) Transfer of the right of ownership of a copy of 
a work shall not imply transfer of the author's rights 
and the copy delivered under the contract for use 
shall be considered to have remained in the author's 
ownership unless otherwise agreed by the contracting 
parties. 
Art. 29.-(1) The user shall be required to mak~ a dec­
laration, within the deadline stipulated by law, on the ac­
ceptance of the work delivered to him under a contract 
for works to be crcated in the future. 
(2) Under a contract for future works, the user shall 
be entitled to return the finished work to the author re­
peatedly for purposes of correction, giving good reason 
and setting an appropriate deadline. 
(3) If the author refuses to make corrections without 
reasonable grounds, or fails to make the corrections by 
the deadline set, the user may terminate the contract 
without payment of remuneration. 
(4) If the work proves unsuitable for use even after 
correction, reduced remuneration shall be paid to the au­
thor. 
Art. 30.-( I) If the author has authorized the use of 
his work, he shall be required to make alterations to it 
that do not affcct the substance of the work but that are 
indispensable or obviously necessary for its use. Should 
the author fail, or prove unable, to meet this obligation, 
the user may carry out the alterations without his authori­
zation. 
Publicatioll COlltracts lO 
Art. 31.-(1) Under a publication contract, the author 
shall be required to make his work available to the pub­
lisher, and the publisher shall be entitled to publish it and 
put it into circulation, and shall be required to pay remu­
neration to the author. 
HU (2) The right of publication-in' the event of doubt­
shall relate to publication of the work in Hungarian. The 
right of publication cxercised under the contract shall be 
exclusive, except in the case of works made for collec­
tions or of newspapers and periodicals. 
Art. 32. A publication contract shall apply for a speci­
fied duration only or to a specified number of copies 
only. Legislation may permit a contract to be concluded 
for an ullspecified pcriod of time and may detcrmine the 
maximum duration of the contract. 
10 See Decree No. 1/1970. (111.20.) MM. Decree No. 6/1972. 
(!l1.l9.) MM. COPYRIGHT AND NEIGHBORING RIGHTS 
LA WS AND TREATIES 
Art. 33.1f the publisher fails to publish the work 
delivered to him under the contract within the statutory 
period of time or the period of time specified in the con­
tract or, where nothing is stipulated, within a reasonable 
period of time, the author may terminate the contract and 
may claim payment of the remuneration due to him. 
Broadcasting Contracts t I 
Art. 34.IL(I) Under a broadcasting contract, the 
author shall be required to make his work available to the 
radio or television organization. The radio or television 
organization shall be entitled to exercise the right of 
broadcasting the work during the period of time speci­
fied in the contract and the right to make sound and video 
recordings of the work using its own equipment for its 
own purposes and to subtitle such recordings. 
(2) The author's special authorization shall be neces­
sary for a recording permitting repeated broadcasting. 
(3) Remuneration shall be paid for each use of the re­
cording. 
(4) If a work made for broadcasting is not utilized 
within the period of time specified in the contract or, 
where nothing is stipulated, within a reasonable period 
of time, the author shall be entitled to terminate the con­
tract with immediate effect and claim payment of the 
remuneration due to him. 
(5) The Hungarian Bureau for the Protection of 
Authors' Rights shall be entitled to conclude contracts 
on behalf of writers, composers and lyricists with the 
user authorizing the broadcasting of works already dis­
closed-except for the use of literary works or dramatico­
musical works written for the stage, or scenes or selected 
parts therefrom-and the recording of such works in ac­
cordance with paragraph (2) and determining the remu­
neration to be paid for such uses. 
(6) Broadcasting shall be deemed to include satellite 
broadcasting if the program broadcast can be received 
directly by the public. A program broadcast by satellite 
shall be deemed directly receivable by the public if, un­
der the responsibility and control of the radio or televi­
sion organization, signals carrying the work are directed 
upwards to the satellite and from the satellite back to the 
ground in an uninterrupted transmission to enable the 
signals to be received by the public. 
(7) The provisions of paragraphs (I) to (5) shall ap­
ply, mutatis mutandis, to the cable transmission of a 
cablc operator's own program to the public. 
11 Sce Decree No. 5/1970. (VI.12.) MM. 
12 Amended by Act No. VII of 1994, Art. 16. In force from 
July I. 1994. 
HUNGARY -Text 1-0\, page 005 INDUSTRIAL PROPERTY 
AND COPYRIGHT -JULY/AUGUST 1996 
PART TWO 
PROVISIONS APPLYING TO SPECIFIC 
FORMS OF WORKS 
Chapter VI 
Literary Works 
Art. 35.-(1) The authors' rights in collected works 
compiled by scientific institutes and bodies under gov­
ernment control shall be exercised by the institute,or 
body concerned; however, this shall not prejudice the in­
dependent rights of the authors of the works included in 
the collections. 
(2)13 Such works shall enjoy copyright protection for 
a term of 70 calendar years following the year of first 
publication. 
Art. 36. The author's authorization for the public per­
fo'rmance of a literary work already disclosed shall be 
deemed given if the remuneration determined by the or­
ganization administering authors' rights and approved 
by the Minister for Culture and Education l4 has been 
paid; this rule shall not affect the performance of literary 
works written for the stage. 
Art. 37. The author's authorization shall be required 
for the inclusion of illustrations in a literary work to be 
published. 
Dramatic Works 
Art. 38. Without prejudice to international conven­
tions, a dramatic work may be performed, on the basis of 
the published text or of a lawfully used manuscript, by 
amateur theatrical groups without the author's special 
authorization, against payment of a feelS or, if the perfor­
mance is neither, with gainful intent, even indirectly, nor 
for the purposes of increasing revenue, and no remunera­
tion is paid to the participants, without payment of a fee. 
COlllracts for Stage PCI!ormancesl6 
Art. 39.-(1) Under a contract concluded for the pub­
lic performance of a dramatic work, the author shall be 
13 Amended by Act No. VII of 1994, Art. 17. In force from 
July I, 1994. See Act No. VII of 1994, Art. 29(1). 
14 See Decree No. 8/1992. (V.8.) MKM. Communications 
of the Hungarian Bureau for the Protection of Authors' Rights 
(in: Magyar KiiziOl1Y, No. 1994/127). 
15 See Decree No. 2/1970. (111.20.) MM. 
16 See Decree No. 2/1970. (111.20.) MM. 
HUNGARY -Text 1-01, page 006 IPINIl/RUN/CI 1 
Page 7 
COPYRIGHT AND NEIGHBORING RIGHTS 
LA WS AND TREATIES 
required to make his work available to a theater and the 
theater shall acquire the right to perform the work in pub­
lic under the terms and conditions laid down in the con­
tract and shall be required to pay remuneration to the 
author. 
(2) If the theater fails to perform the work within the 
period of time specified in the contract or within a 
reasonable period of time if nothing is specified in the 
contract, the author may terminate the contract and claim 
payment of the remuneration due to him. 
Chapter VII 
Musical Works I? 
Art. 40.-(1) The author's authorization for the public 
performance of a musical work already disclosed shall 
be deemed given if the remuneration determined by the 
organization administering authors' rights and approved 
by the Minister for Culture and Education has been 
paid.IS 
(2) In the evcnt of the public performance of a musi­
cal work, remuneration shall be due to the lyricist only if 
the musical work enjoys copyright protection. 
(3) The provisions of paragraphs (1) and (2) shall not 
apply to the stage performance of a musical work nor to 
the full performance of a musical work written for the 
stage. 
Chapter VIII 
Cinematographic Works 
Art. 41.-(1) The authors of the literary and musical 
works created for a motion picture, the director of the 
motion picture and all other persons having made cre­
ative contributions to the production of the motion pic­
ture as a whole shall be deemed the authors of the 
cinematographic work. 
This provision shall not prejudice the statutory rights 
of the authors of other works used in producing the cine­
matographic work. 
(2) The names of the authors referred to in para­
graph (1) shall be mentioned on the cinematographic 
work. The author of the cinematographic work may re­
quire, as a moral right, that his name should not be men­
tioned on the work. 
(3) The economic rights of the authors in a cinemato­
graphic work shall be acquired by the film studio, as suc-
17 See Decree No. 3/1970. (III.20.) MM. 
18 See Decree No. 8/1992. (V.8.) MKM. Communications 
of the Hungarian Bureau for the Protection of Authors' Rights 
(in: Magyar Kiizliil1Y, No. 1994/127). 
HU IP/N/l/RUNIC/l 
Page 8 
INDUSTRIAL PROPERTY 
AND COPYRIGHT -JULY/AUGUST 1996 
cessor in title, on the basis of contracts concluded with 
the authors, and may be exercised in respect of other per­
sons by the film studio only. The film studio may also 
take action for the protection of the authors' moral rights. 
Adaptation Contracts 19 
Art. 42.-(1) Under an adaptation contract, an author 
shall be required to make his work available to a film 
studio and the film studio, in turn, shall acquire the right 
of making a single screen version of the work,'of distrib­
uting the cinematographic work without territorial limi­
tation and showing it in pUblic, of subtitling the 
cinematographic work or providing it with a soundtrack 
in a language other than that of the work as created, and 
shall be required to pay remuneration to the author for 
the use of his work. 
(2) If the film studio fails to begin making the film 
within a period of four years from acceptance of the work 
or begins but fails to complete it within a reasonable 
period of time, the author may terminate the contract and 
claim payment of the remuneration determined by law 
for the work undertaken for the purposes of the screen 
version. 
(3) The author may not conclude a new adaptation 
contract for the same work, unless consented to by the 
film studio, within a period of 10 years from completion 
of production. 
Art. 43. The provisions of this Chapter shall apply to 
all organizations concerned with the production of cine­
matographic works on the basis of adaptation contracts. 
Chapter IX 
Works of Fine Art, Architecture, Engineering and 
Applied Art and Artistic Photographs2o 
Art. 44.-(1) Copyright in works of architecture and 
other engineering structures shall belong to the owner of 
the dcsign. 
(2) The author of the design shall have the right to 
have his name shown on the building (structure). 
(3) The user of a work shall tolerate its presentation 
to the public and the taking of photographs of it, if this 
does not prejudice his legitimate interests. 
Art. 45 .-(l) An image may be made of a work of fine 
art, architecture or applied art erected permanently out-
HU 19 See Decree No. 12/1970. (Y1.30.) MM. 
20 See Decree No. 6/1970. (YI.24.) MM, Decree No. 7/ 
1970. (VI.24.), Decree No. 8/1970. (VI.24.) MM, Decree No. 9/ 
1970. (VI.25.), Decree No. 10/1970. (VI.25.) MM. COPYRIGHT AND NEIGHBORING RIGHT: 
LA WS AND TREA TIE: 
doors in a public place and used without the authoriza­
tion of the author and without paying remuneration to 
him. 
(2) The images of works of fine art, architecture or 
applied art and artistic photographs may be used without 
the authorization of the author and without paying remu­
neration to him for scientific and educational lectures 
and for teaching. 
Art. 46.-(1) The owner of a work of fine art or ap­
plicd art shall be required to make the work temporarily 
available to the author to enable the latter to exercise his 
author'S rights, provided that it does not prejudice the 
owner's legitimate interests. 
(2) The author's authorization shall be required to 
exhibit works of fine art, architecture or applied art and 
artistic photographs-except for works held in public col­
lcctions and works in the public domain-but no remuner­
ation shall be paid to the author for such exhibition. 
Art. 46A.2L(I) Remuneration shall be paid on 
transfer of the right of ownership of an original work of 
fine art or applied art through the business entity en­
gaged in trading activities (Article 685(c) of the Civil 
Code). 
(2) Paintings, drawings, reproduced pictorial graph­
ics and works of applied art bearing a serial number and 
the author's mark, and sculptures and tapestries shall be 
deemed original works of fine art and applied art for the 
purposes of paragraph (1). 
(3) The remuneration shall be paid by the buyer; it 
shall represent 5 percent of the purchase price without 
general turnover tax. The business entity engaged in the 
trading activity shall be responsible for collecting and 
remitting the remuneration. 
(4) Museums and comparable public collections shall 
be exempt from the obligation to pay remuneration. 
(5) The remuneration shall be transferred to the orga­
nization appointed by the Minister for Culture and Edu­
cation, at intervals likewise determined by the Minister, 
The appointed organization shall pay the collected remu­
neration to the author of the work or his successor in 
title. 
Art. 47. In the case of industrial designs serving 
industrial production purposes: 
(a) the author's right to have his name mentioned 
may be regulated by legislation or contract in a 
manner that differs from this Act; 
21 Amended by Act No. LXXII of 1994, Art.!. In force 
from January 1, 1995. 
HUNGARY -Text 1-01. page O( /,\U0,ill,/,IL 1'ld.lII," I I 
AND COPYRIGHT-JULY/AUGUST 1996 
(b) within the scope defined by the contract, the user 
shall have an ex.clusive right of use and a right of 
alteration, but the designer must be consulted be­
fore any alteration is effected; 
(c) the contract shall include provisions stipulating 
whether the user may use the work for a specified 
period of time only or for a period without such 
limitation, 
Art. 48. In the case of commissioned portraits, exer­
cise of the author's rights shall also be subject to the con­
sent of the person portrayed. 
PART THREE 
Chapter X22 
Protection of Neighboring Rights 
Protection of Pelformers 
Art. 49.-(1) Unless otherwise provided by law, the 
performer's authorization shall be required for: 
(a) recording an unrecorded performance; 
(h) reproducing a recorded performance, if the origi­
nal recording was made without the performer's 
authorization, if the reproduction is intended [or 
a purpose other than the one covered by the au­
thorization or if the original recording was made 
pursuant to Article 501(2) and the reproduction is 
intended for a purpose other than that to which 
Article 501(2) relates; 
(c) broadcasting the performance or communicating 
it to the public in a different manner, unless the 
broadcasting or the communication is effected by 
means of a recording made for putting into circu­
lation or is itself a broadcast performance. 
(2) In the case of an ensemble of performers, the 
members of the ensemble may exercise their rights under 
paragraph (I) through their representative(s). 
(3) If the performer authorizes his performance to be 
recorded in a cinematographic work or other audiovisual 
work, paragraph (I) shall not apply subsequently. This 
provision shall not prejudice performers' claims to remu­
neration under Articles 50G and 50J. 
Art. 50.2L(1) Unless otherwise provided by law, re­
muneration shall be due to the performer for the uses 
mentioned in Article 49( I). 
22 Amended by Act No. VU of 1994, Art. 18. In force from 
July I, 1994. ' 
23 Amended by Act No. VII of 1994, Art. 18. In force from 
July J, 1994. 
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Page 9 
\"'UI'\ I{IGIII '\1'<1) ,\I~I\...illJjUI{L""'G 1{IGIII::> 
LA WS AND TREATIES 
(2) The provisions of Article 34 relating to the pay­
ment of a fee for the recording of a performance made for 
broadcasting or communication to the public shall also 
apply, mutatis mutandis, in the case of performers and 
their professional organizations, respectively. 
Art. 50A.2C(1) In the case of the uses mentioned in 
Article 49( I), the performer shall have a moral right to 
the mention of his name, depending on the nature of the 
use and the manner of complying with it. In the case of 
ensembles, this right shall apply to the names of the en­
semble, of the leader of the ensemble and of the leading 
performers. 
(2) Distortion of a performance shall be deemed to 
infringe the moral rights of the performer. 
Protectioll of Phonogram Producers 
Art. 50B.2L(1) Unless otherwise provided by this 
Act, the authorization of the phonogram producer shall 
be necessary for: 
(a) making a copy of a phonogram either directly or 
indirectly; 
(b) ,putting the copy of the phonogram into circula­
tion, including the importing of the phonogram 
into the country for such purposes. 
(2) Unless otherwise provided by this Act, a phono­
gram producer shall have the right to remuneration for 
the uses referred to in paragraph (1). 
Art. 50C.-( I) In the case of the direct broadcasting or 
other communication to the public, of a phonogram re­
leased for commercial purposes or of a copy thereof, the 
user shall pay a further remuneration, in addition to the 
royalty to be paid for the use of the works under copy­
right protection, which shall be due to the phonogram 
producer and the performer, on an equal basis, unless 
otherwise agreed between those entitled. 
(2) The professional organizations of phonogram 
producers and performers shall reach agreement between 
themselves and the users as to the amount of the remu­
neration and its collection and distribution. 
(3) Those entitled may assert their claims to remuner­
ation through their professional organizations and may 
renounce such remuneration only after the date of its dis­
tribution and only to the extent of the amount due to them. 
Art. 50D.-(I) The public lending and rental of 
released copies of a phonogram shall be subject to the 
24 Amended by Act No. VII of 1994, Art. 18. In force from 
July 1, 1994. 
25 Amended by Act No. VII of 1994, Art.18. In force from 
July J, J 994. 
HU IP IN I lIHUN lell 
Page 10 
'NDUSTRIAL PROPERTY 
1ND COPYRIGHT -JULY/AUGUST 1996 
authorization of the phonogram producer, in addition to 
that of the author of the work embodied in the phono­
gram, and, in the case of a sound recording of a perfor­
mance, to that of the performer(s). 
(2) The use referred to in paragraph (I) shall be sub­
ject to payment of remuneration, which shall be distrib­
uted on an equal basis between those entitled, unless 
otherwise agreed between them. The authors and the per­
formers may assert their claims to remuneration through 
their professional organizations and may renounce such 
remuneration only after the date of its distribution and 
only to the extent of the amount due to them. 
Art. 50E. The phonogram producer shall have the 
right to have his name mentioned on the copies of the 
phonogram. 
Protectioll of Radio 
and Television Organizatiolls 
Art. 50F.-(I) Unless otherwise provided by this Act, 
the radio or television organization's authorization shall 
be required for its program to be: 
(a) broadcast or communicated to the public by other 
radio or television organizations or by cable op­
erators; 
(b) recorded; 
le) reproduced after recording, if the recording was 
made without authorization or the recording was 
made pursuant to Article 50I(2) and the repro­
duction is made for a purpose other than that to 
which Article 50I(2) relates. 
(2) Unless otherwise provided by this Act, the televi­
sion organization's authorization shall be required for its 
program to be communicated to the public in a room 
where the program is accessible to the public on payment 
of an entrance fee. 
(3) The uses referred to in paragraphs (1) and (2) 
shall be subject to payment of remuneration, unless oth­
erwise provided by law. 
(4) Where an original program is communicated to 
the public by cable, paragraphs (l) to (3) shall apply, 
1I//llatis II/utalldis. 
HU Art. 50G-(l) If the works broadcast or transmitted by 
cable in the program of the radio or television organiza­
tion or of the entity communicating an original cable pro­
gram to thc public are simultaneously communicated by 
cable to the public through an organization other than the 
original organization, the authorization of the author, 
that of the radio or television organization and/or that of 
the entity communicating an original cable program to 
the public shall be deemed given, if the organization ex­
ecuting the simultaneous transmission has paid to the 
Hungarian Bureau for the Protection of Authors' Rights COPYRIGHT AND NEIGHBORING RIGHTS 
LAWS AND TREATIES 
the royalty determined by the Bureau with the approval 
of the Minister for Culture and Education. The profes­
sional organizations of the entitled persons shall be con­
sulted before the amount of such royalty is determined. 
(2) The royalties collected pursuant to paragraph (l), 
reduced by the expenses, shall be distributed to the en­
titled persons as follows: 50 percent to the authors and 
those entitled under copyright, 30 percent to the perform­
ers, and 20 percent to the radio or television organiza­
tions or the entities communicating original cable 
programs to the public. 
(3) The share of royalties to be paid to the authors or 
those entitled under copyright shall be distributed by the 
Hungarian Bureau for the Protection of Authors' Rights 
according to the Rules approved by the Minister for Cul­
ture and Education. 
(4) The Hungarian Bureau for the Protection of 
Authors' Rights shall transfer the share due to the per­
formers to their professional organization for distribution. 
(5) The Hungarian Bureau for the Protection of 
Authors' Rights shall transfer the share due to radio or 
television organizations and the entities communicating 
original cable programs to the public to their profession­
al organization or, if no such organization exists, shall 
distribute the amount according to the rules established 
by the Minister for Culture and Education. 
(6) Those entitled may assert their claims to remuner­
ation through their professional organizations and may 
renounce such remuneration only after the date of its dis­
tribution and only to the extent of the amount due to 
them. 
Art. 50H. The radio or television organizations and/or 
the entities communicating original cable programs to 
the public shall have the right to have their names men­
tioned in relation to the uses referred to in Article 50F 
and 50G. 
Commoll Rules Applying to the Protection 
of Pe/formers, Phonogram Producers alld 
Radio alld Television Organizations 
Art. SOJ.2L(l) Protection of the rights afforded by 
this Chapter may not prejudice the protection of authors' 
rights in literary, scientific and artistic works. 
(2) The authorization of the performer, the phono­
gram producer, the radio or television organization and/ 
or of the entity communicating an original cablc program 
to the public shall not be required in those cases where 
26 Amended by Act No. VII of 1994, Art. 18. In force from 
July I, 1994. 
HUNGARY -Tex.t 1-01, page 009 INDUSTRIAL PROPERTY 
AND COPYRIGHT -JULY/AUGUST 1996 
the author's authorization is not required for the use of 
works enjoying statutory copyright.27 
Art. 50J.-(l )The authors of works broadcast in the 
programs of radio ami television organizations, includ­
ing the programs of entities communicating original 
cable programs to the public, and of works put into circu­
lation on a video or audio medium, the performers and 
the phonogram producers shall be entitled to remunera­
tion for the copying for private purposes of their works, 
performances and phonograms. 
(2) The remuneration referred to in paragraph (I) 
shall be determined by the Hungarian Bureau for the Pro­
tection of Authors' Rights with the <lpproval of the Min­
ister for Culture and Education.28 The professional 
organizations representing the performers and the pho­
nogram producers shall be consulted before the amount 
of the remuneration is determined. The remuneration 
shall be paid to the Hungarian Bureau for the Protection 
of ~uthors' Rights by the manufacturers of blank video 
or audio mediums or, in the case of video or audio medi­
ums manufactured abroad, by the person required by law 
to pay customs duties, within eight days from the date of 
putting into circulation or, in the case of video or audio 
mediums manufactured abroad, from the date of comple­
tion of customs clearance. 
(3) The obligation to pay remuneration shall not ap­
ply to: 
(a) putting into circulation for export; or 
(b) video and audio mediums designed exclusively 
for use with devices (e.g., studio equipment, 
dictaphones) which are not normally used for the 
making of copies of works for private purposes. 
(4) The amount of the royalties collected, reduced by 
the expenses shall be distributed as follows: 
(a) 50 percent to the authors, 30 percent to the per­
formers and 20 percent to the phonogram pro­
ducers, in the case of audio mediums, and 
(b) 70 percent to the authors or the holders of copy­
right, and 30 percent to the performers, in the 
case of video mediums. 
(5) The Hungarian Bureau for the Protection of 
Authors' Rigllls shall transfer the share of the royalties 
due to the performers and the phonogram producers to 
their professional organizations. The share of the royal­
ties due to the authors and those entitled under copyright 
shall be distributed by the Hungarian Bureau for the 
Protection of Authors' Rights according to the Rules 
approved by the Minister for Culture and Education. 
27 Sce: Communications of the Hungarian Bureau for the 
Protection of Authors' Rights. (in: Mogyor K6zIOIlY. 1994/71). 
n See: Communications of the Hungarian Bureau for the 
Protection of Authors' Rights. (in: Magyar Kij;{iiIlY, 1994/ 
127). 
HUNGARY -Text 1-01, page 010 IP/NIl/HUN/CI 1 
Page 11 
COPYRIGHT AND NEIGHBORING RIGHTS 
LA WS AND TREATIES 
(6) Those entitled may assert their claims to remuner­
ation through their professional organizations and may 
renounce such remuneration only after the date of its dis­
tribution and only to the extent of the amount due to them. 
Art. 50K.29 The rights afforded by this Chapter shall 
be protected for the following periods of time: 
(a) rights in phonograms and in the performances 
fixed thereon: 50 years from the end of the year 
in which the phonogram was first put into circu­
lation or, if the phonogram was not put into cir­
culation during that period, from the end of the 
year in which the phonogram was made; 
(b) rights in unrecorded performances: 50 years from 
the end of the year in which the performance was 
given; 
(c) rights in a broadcast program or an original cable 
program communicated to the public: 50 years 
from the end of the year in which the broadcast or 
communication occurred. 
Chapter XI 
Protection of Photographs, Illustrations 
and Other Visual Aids 
Art. 51.-( 1) Photographs, figures, technical draw­
ings, maps, graphic illustrations or aids and films which 
do not enjoy copyright protection as scientific or artistic 
works shall nevertheless enjoy protection if they bear the 
name of the maker and the year of publication or dis­
closure. 
(2) The duration of protection shall be 15 years from 
the end of the year of publication or disclosure. 
(3) Use of photographs, pictures, technical drawings, 
maps, graphic illustrations or aids and films enjoying 
protection shall be subject to the authorization of the 
maker and the mention of his name. It shall not be neces­
sary to obtain authorization and to mention the name of 
the maker in those cases in which such is not required for 
the use of works enjoying copyright protection. 
PART FOUR 
Chapter XII 
Consequences of the Infringement of Copyright 
Art. S2.-(I} An author may assert civil law claims, as 
appropriate, if his rights are infringed. He may claim, 
illler alia: 
29 Amended by Act No. VII of 1994, Art. 18. In force from 
July I, 1994. See Act No. VII of 1994, Art. 29(2). 
HU IP/N/1/RUN/C/1 
Page 12 
INDUSTRIAL PROPERTY 
AND COPYRIGHT -JULY/AUGUST 1996 
(a) a declaration by the court establishing that an in­
fringement has been committed; 
(b) an injunction to cease and desist; 
(c) redress from the infringer by declaration or other 
suitable manner. where necessary by publication 
effected by the infringer at his cost; 
(d) removal of the infringing situation. restoration 
by the infringer at his cost of the situation obtain­
ing prior to the infringement, destruction of the 
infringing article or removal of its infringing 
nature. 
(2)30 Pursuant to the rules of civilliability.31 damages 
shall be awarded in the event of infringement of copy­
right. Infringement of the author's moral rights shall also 
be grounds for awarding damages. 
Art. 53.-(1) Unauthorized use of a work shall entitle 
the author to the remuneration to which he would be en­
titled for authorized use. 
(2) Where responsibility for the infringement lies 
with the user, an amount corresponding to the royalty 
shall also be imposed as a fine in addition to the remu­
neration and the damages due to the author. The amount 
of the fine shall be reduced by the court only in well­
founded circumstances. 
Art. 54. The provisions of Articles 52 and 53 shall ap­
ply mutatis mutandis to infringement of the provisions of 
Chapters XI and XII. 
Chapter XIII32 
Payments Due After Expiration 
of the Term of Protection 
Art. 54A.-(l) After the expiration of the term of pro­
tection of the author's economic rights, a payment shall 
become due on transfer of the ownership of original 
works of fine art and applied art through a business enti­
ty engaged in trading activities. 
(2) The provisions of Article 46A shall apply lIIutatis 
mutandis to the determination of the types of original 
HU 30 Inserted by Decree-Law No. 27 of 1978, Art. 4; amended 
by Act No. VII of 1994, Art. 19( a). 
31 See: Act No. IV of 1959, Arts. 339-344. 
32 Inserted by Act No. LXXII 'of 1994, Art. 2. In force from 
January 1, 1995. COPYRIGHT AND NEIGHBORING RIGHTS 
LA WS AND TREATIES 
works of fine art and applied art, the obligation to pay, 
the amount, collection and transfer of such payments, 
and exemption from payment, except that the body ap­
pointed by the Minister for Culture and Education shall 
use the payments transferred to it for the support of cre­
ative activity and the welfare of creative artists. 33 
Chapter XIV34 
Final Provisions 
Board of Copyright Experts 
Art. 55.-(1) The courts and other authorities may re­
quest the Board of Experts supervised by the Minister for 
Culture and Education to give their advisory opinion in 
special issues relating to copyright disputes. 
(2) The organization and tasks of the Board shall be 
laid down by the Minister for Culture and Education, in 
agreement with the Minister for Justice.35 
Entry into Force. Implemelltatioll 
Art. 56.-( I) This Act shall enter into force on Janu­
ary \, 1970. Its provisions shall also apply to works that, 
on the date of its entry into force, enjoy copyright protec­
tion under previous legislation. This Act shall not preju­
dice contracts for use concluded before its entry into 
force. 
(2) Act No. LIV of \921 on Copyright, Decree 
No. 98/1951. (IV.21.) MT on the publication of author's 
works, Article 5( 1) of the Decree-Law No. 13 of 1955 on 
programs, including performances, as well as Articles 
515 to 520, 524, 528 to 531 and 533 of the Act on Com­
merce (Act No. XXXVII of 1875) shall cease to have 
effect. 
(3) The Government shall be responsible for the im­
plementation of this Act through the Minister for Culture 
and Education who, in the course of implementation, 
may issue decrees to establish the conditions of contracts 
for use not provided for by law and to determine the 
amount of the royalties and other remuneration to be paid 
pursuant to this Act. 
33 Corrected in: Magyar KOZ!OIlY, 1994/122. 
34 Numbering amended by Act No. LXXn of 1994, Art. 2. 
35 See Decree No. 6/1993. (IV.7.) MKM. 
HUNGARY- Text 1-01, page 011