ORGANIZACIÓN MUNDIAL 
DEL COMERCIO 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio IP/N/1/HUN/C/4 
10 de febrero de 2004 
(04-0501) 
Original: inglés 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 DEL 
ARTÍCULO 63 DEL ACUERDO 
HUNGRÍA 
Mediante una comunicación de fecha 10 de diciembre de 1999, Hungría ha notificado la 
Ley Nº LXXVI de 1999 sobre el Derecho de Autor ( entrada en vigor: 1 º de septiembre de 1999), a fin 
de actualizar sus notificaciones anteriores en virtud del párrafo 2 del artículo 63 del Acuerdo. En el 
presente documento se reproduce el texto1 de la Ley. Con la entrada en vigor de la Ley, y como se 
establece en el párrafo 1 de su artículo 11 O, quedaron sin efecto las siguientes leyes y reglamentos 
anteriormente notificados: 
la Ley Nº III de 1969 sobre el Derecho de autor, modificada; 
el Decreto del Ministerio de Cultura Nº 9 de 1969, sobre la aplicación de la Ley Nº III 
de 1969, modificada; y 
la segunda frase del párrafo 2 del artículo 117 de la Ley Nº I de 1996 sobre emisiones 
de radio y televisión. 
1 En inglés solamente. IP /N/l/HUN/C/4 
Page 2 
Act LXXVI. of 1999 on Copyright 
Unofficial translation 
by the Ministry of Justice 
and ARTISJUS Hungary Act LXXVI. of 1999 on Copyright IPINIl/HUN/C/4 
Page 3 
Any copyright-related regulation is in need of permanent updating and has 
to keep abreast of technological development in oi-der that it can exercise a 
substantial impact on the stimulation of intellectual creation and the preservation 
of the values of the national and universal culture; that it can create and maintain 
equilibrium between the interests of authors and other rightholders, as well as 
users and the public at large, taking in this connection account of the 
requirements of education, culture, scientific research and free access to 
. information; and that it can provide for a comprehensive and efficient 
enforcement of the copyright and the related neighbouring rights. In 
consideration of these aspects, as well as in order to comply with the 
development and achiev~ments of international legislation and to make the 
Hungarian copyright harmonize \vith the directives of the European Community, 
the National Assembly hereby codifies the following Act. 
PART ONE 
GENERAL PROVISIONS 
Chapter I 
Preamble 
~ .le Object of Copyright Protection 
Article 1 
(1) This Act shall provide protection for literary, scientific and art 
creations. IPIN/1/HUN/C/4 
Page 4 
(2) All creations of literature, science and art -whether or not specified by 
this Act -shall fall under the protection of this Act, in particular: 
a) literary works (of fiction, trade, science, journalism etc.), 
b) speeches delivered in public, 
c) computer program creations and related documentation (hereinafter 
referred to as software), whether fixed in source code or object code or any other 
form, including application programs and operation systems, 
d) dramas, musico-dramatical works, ballets or pantomime, 
e) musical works with or without words, 
f) radio and television plays, 
g) cinematographic creations and other audiovisual works (hereinafter 
jointly referred to as cinematographic creations), 
h) drawings, paintings, sculpture, engravings, creations produced by litho-
graphy or in like manner, and designs thereof, 
i) artistic photographs, 
j) maps and other cartographic creations, 
k) architectural creations and designs thereof, and designs of building 
complexes and town planning proj ects, 
1) designs of engineering structures, 
m) applied art creations and designs thereof, 
n) costume and scenery designs, 
0) industrial art designs. 
(3) The copyright protection shall derive from the indi'vidual and original 
nature of the creation conceived by the intellectual activity of the author, and it 
shall not be subject to any quantitative, qualitative and aesthetic characteristics or 
to value judgements relating to the standards of the creation. IP 1N11!ffiJN/C/4 
Page 5 
(4) The protection provided by this Act shall not cover legal provisions, 
public resolutions, authority announcements and documents, as well as standards 
and other like regulations. 
(5) The copyright protection shall not cover the measures, or the drafts of 
measures, brought about and laid down in any form in the course of business of 
economic organizations (Civil Code, Article 685, Item (c)) and of legal entities 
other than economic organizations. 
(6) No idea, principle, concept, procedure, method of operation or mathe­
matical operation may be the subject of copyright protection. 
(7) The expreSSlOns of folklore may not enJ oy copyright protection. 
However, this may not prejudice copyright protection due to the author of a folk­
art-inspired work of individual and original nature. 
(8) Performers, producers of sound recordings, radio and television 
organizations and producers of motion pictures shall enjoy protection as specified 
by this Act. 
The Scope of the Act 
Article 2 
The copyright protection shall extend to a work first disclosed abroad only 
if the author is -a Hungarian national or if protection accrues to the author 
pursuant to international conventions or by reciprocity. IP/N/llHUN/C/4 
Page 6 
Article 3 
The provisions of the Civil Code shall apply to topics not covered by the 
provisions of this Act. 
Authors' Right 
Article 4 
(1) The copyright shall accrue to the person who has created the work (the 
author). 
(2) Copyright protection shall be provided -without prejudice to the rights 
accruing to the author of the original \vork -for the alteration, adaptation or 
translation of an author's work, in case the work thus obtained is of individual, 
original character. 
Joint Authorship 
Article 5 
(1) The authors of a common \vork. the parts of which cannot be used 
independently, shall have the copyright accrue to them jointly and -in case of 
any doubt -in equal proportions, however, any of the joint authors may take 
action independently in the event of the infringement of the copyright. 
(2) In case a common work is made up of parts which can be used 
independently (joint works), autonomous copyright shall accrue to the joint 
authors with regard to the respective individual parts. The authorization of all 
authors of the original common \vork is required if any part of the work IP1N11/HUN/C/4 
Page 7 
consisting of joint works and created jointly IS wanted to be joined with a 
different work. 
Article 6 
(1) In the case of a collective work, the copyright shall be transferred by 
legal succession to the natural or legal person or economic organization without 
legal entity at whose initiative and under whose instructions the work was created 
and who disclosed it to the public in his own name. 
(2) As a collective work shall be rated a work if the contributions of the 
authors co-operating in the creation of the \'lork are combined in the product of 
joint creation in a manner which makes the separate determination of the 
individual authors' rights impossible. 
Collection of vVorks 
Article 7 
(1) Copyright protection shall be due to a collection of works if the 
selection, arrangement or editing of its contents is of individual and original 
nature. The protection shall apply to the collection of works even if its pans or 
components do not or may not enjoy copyright protection. 
(2) Regarding the \vhole of the collection of works the copyright shall 
accrue to the editor, hovvever, this shall be \vithout prejudice to the independent 
rights of the authors of the individual works selected for inclusion in the 
collection. IPINIl/HUN/C/4 
Page 8 
(3) The protection of a database rated as a collection of works -operated 
by computer devices or in any other manner -shall not extend to the data and 
other components making up its contents. 
Works Disclosed Anonymously or Under a Pseudonym 
Article 8 
When a work is disclosed anonymously or under a pseudonym, the 
author's rights shall be exercised, till the author becomes known, by who first 
disclosed the work. 
The Origin of Authors' Rights; Authors' Rights and their Exploitation 
Article 9 
(1) The entirety of authors' rights -moral rights and economic rights -
shall accrue to the author from the time of the creation of the work. 
(2) The author may not transfer his moral rights, these may not devolve on 
anyone else, and may not be renounced by the author. 
(3) Subject to the exceptions in Paragraphs (4) to (6), the economic rights 
may not be transferred, may not devolve on anyone else, and may not be 
renounced. 
(4) The economic rights shall pass by inheritance, and the author is free to 
dispose of them to that end for the case of his death. 
(5) The persons coming in possession of economic rights by inheritance 
may dispose ofthem to each other's benefit. IP!N/l!HUN/C/4 
Page 9 
(6) In the cases and under the conditions specified by this Act the 
economic rights may be assigned or may pass to (an)other person(s). Unless 
otherwise provided in the assignment contract, the acquirer of rights may dispose 
of the economic rights he has acquired. 
Chapter Two 
Moral Rights 
Disclosure of a Work 
Article 10 
(l) The author shaLl decide whether his work may be disclosed. 
(2) Before the disclosure of the \vork, any information on the substance of 
its contents may be provided for the public only subject to the author's consent. 
(3) Unless otherwise provided, the conclusion of the licensing agreement 
shall imply the author's consent to the user providing information on the contents 
of the work for the public in a manner complying with the purpose ofthe use. 
(4) As regards a work becoming known after the author's death, it shall be 
presumed -failing other declaration by the author or his legal successor or the 
introduction of evidence proving the contrary -that the author intended his work 
to be disclosed to the public. 
Article 11 
Referring to a sound reason, the author may withdraw his authorization to 
disclose his work or may prohibit the continued use of his \-vork already 
disclosed; however, he is obliged to repair any damage having accrued till the IPINI1 IHUN/C/4 
Page 10 
time of such declaration. This shall not prejudice the employer's right to exploit 
the work and shall not prevent, in the case of the assignment of the economic 
rights, the acquirer of rights from uses based on the economic rights. 
Indication of the Author's Name 
Article 12 
Cl) The author shall have the right to have an indication on his work or in 
the communication on his work -subject to the scope and nature of the 
communication -referring to him as the author; reference shall be made to the 
author in the event of including part of his work in another work, and citing or 
reviewing his work. The author may exercise the right to have his name indicated 
subject to the nature of the use and in a manner complying \vith it. 
(2) The name of the author of a work shall be indicated on the alteration, 
adaptation or translation which is based on the author's work. 
(3) The author shall be entitled to have his work published vvithout the 
indication of his name or under a pseudonym. The author may require that his 
work having been disclosed to the public Ivith the indication of his name shalL in 
the case of a new authorized use, be further on used without the indication of his· 
name. 
(4) The author may require that his author's capacity shall not be called in 
doubt. Protection of the Integrity of the Work 
Article 13 IP/N/1/HUN/C/4 
Page 11 
The distortion, mutilation or any other alteration of the work of the author 
which prejudices the honour or reputation of the author shall be taken to infringe 
his moral right. 
The Exercise of Moral Rights 
Article 14 
(1) After the author's death, action against the infringement of the moral 
rights specified in this Act can be taken within the term of protection (Article 31) 
by the person put in charge of the administration of the author's literary, scientific 
or artistic legacy by the author, 
and if there is no such person or the one put in charge fails to take actions, it 
shall ~e the person having acquired the economic rights by virtue of inheritance. 
(2) After the expiration of the term of protection the organization 
performing the collective administration of rights (Article 85 to 93) or the 
association representing authors' interests may take action, \vith reference to 
offence against the author's memory, against a behaviour \vhich would be taken 
under the term of protection to infringe the author's right to have his name 
indicated on his work or in a communication related to his work. IPIN/1/HUN/C/4 
Page 12 
Article 15 
The user may also take action for the protection of specific moral rights of 
the author if this is expressly consented to by the author in the licensing 
agreement. 
Chapter Three 
Economic Rights 
General Provisions Relating to Economic Rights 
Article 16 
(1) Under the copyright protection the author shall have the exclusive right 
to exploit his \-vork in any tangible or intangible form and to grant licence for 
each and every use of his \-vork. Unless otherwise provided by this Act, 
authorization may be obtained for the use of the work by a licensing agreement. 
(2) The use of the title of the \vork, if it is unique, shall be subject to the 
author's authorization, too. 
(3) The commercial utilization of any characteristic and original figure in 
the "vork and the authorization of such utilization shall be subject to the exclusive 
right of the author. 
(4) Unless otherwise prm"ided by this Act, remuneration shall be due to the 
author against the licence he has given for the use of his work, which 
remuneration -unless otherwise agreed -shall be in proportion to the revenue 
earned by the use of the work. The author may waive his claim to remuneration 
only by an express representation to that end. Should the law stipulate a specific IPIN/1/HUN/C/4 
Page 13 
form for the licensing agreement to be valid, the waiver of the remuneration shall 
itselfbe valid in the specific form only. 
(5) In the cases as specified by this Act, remuneration shall be due to the 
author for the use of his work even if he has no exclusive right to authorize the 
use. The law may exclude the right to waive such remuneration, and should such 
provision fail to obtain, the author may only waive the remuneration by an 
express representation to that end. 
(6) A use shall be deemed unlawful in particular if no authorization has 
been given therefor by the statute or by the author in a contract, or if the user 
makes use of the work beyond the limitations of his authorization. 
(7) Unless othenvise provided by this Act, th.e user is obliged to inform the 
author or his successor in title or the organization performing the collective 
administration of rights (Articles 85 to 93) on the manner and scope of the use. 
Article 17 
As uses of the ,york shall be rated in particular: 
a) its reproduction (Anicle 18 and 19), 
b) its distribution (Article 23) 
c) its public performance (Articles 24 and 25) 
d) its communication to the public by broadcasting or in any other manner 
(Articles 26 and 27), 
e) retransmission of the broadcast work to the public with the involvement 
of another organization than the original one (Article 28), 
f) its alteration (Article 29), 
g) its e;ul-:libition (Article 69). IP /N/1/HUN/C/4 
Page 14 
The Right of Reproduction 
Article 18 
(1) It shall be the author's exclusive right to reproduce his work and to 
grant authorization there for. Reproduction shall be taken to mean: 
a) the direct or indirect fixation of the work in any manner on a tangible 
carrier, whether definitively or temporarily, and 
b) the making of one or several copies of the fixation. 
(2) As reproduction of the work shall be rated in particular the fixation of 
the work in a mechanical, cinematographic or magn.etic way and making copies 
of it by printing, the production of audio or video recording of the \vork, its 
fixation for purposes of communication to the public by broadcasting or by cable, 
the storage of the work in a digital form on electronic devices, and the production 
in a tangible form of the work transmitted by the computer network. In the case . 
of architectural creations the primary and secondary construction of a creation 
laid dO\vn as a design shalllike\-vise be rated as reproduction. 
Article 19 
(1) The producer of a sound recording, the creator of a multimedia \-vork, 
and the compiler of an electronic database may require that the repeated 
reproduction of already disclosed non-dramatic musical works and lyrics for 
music and parts of musico-dramatical works fixed on sound recordings and video 
recordings, in a multimedia work or an electronic database distributed on digital 
c2.rriers, and the distribution by copies of such reproductions against the payment IPINIl/HUN/C/4 
Page 15 
of a fair and equitable fee shall be authorized for them too. The licensing 
agreement shall be concluded with the organization performing the collective 
administration of rights related to literary and musical works. 
(2) The provision in Paragraph Cl) shall not apply to the right of adaptation 
and the exercise of this right. 
Article 20 
(l) A fair and equitable remuneration shall be due, on the private-purpose 
copying of their works, performances and sound recordings, to the authors of 
works, the performers of performances, and the producers of sound recordings 
broadcast in the programmes of radio and television organizations, included in 
the programmes of those communicating their own -programmes to the public by 
cable, and released for distribution on video or audio carriers. 
(2) The remuneration referred to in Paragraph Cl) shall be determined by 
the organization performing the collective administration of rights related to 
literary and musical works. Before determining the said remuneration, other 
organizations likeyvise performing collecti"ve administration of rights for the 
affected authors as \yell as the organization performing the collective 
administration of rights of performers and producers of sound recordings shall be 
consulted. The producer of blank video and audio carriers, or the person obliged 
pursuant to the law to pay customs duties in the case of manufacture abroad, shall 
pay the remuneration to the organization performing the collective administration 
of ri2:hts related to literaf\'-and musical works \vithin ei2:ht davs from the date of ~ ~ ~ r 
the release for distribution or from the compleIion of the customs clearance in the 
case of manufacture abroad. IPIN/11HUN/C/4 
Page 16 
(3) The obligation to pay remuneration shall not apply to 
a) putting into circulation for export purposes, furthermore 
b) video and audio carriers applicable exclusively with devices (e.g., 
studio equipment, dictaphones) which are not used in their regular application for 
the private-purpose making of copies of works, performances of performers, or 
sound recordings. 
(4) The amount of the royalties collected and reduced by the amount of 
expenditures shall be distributed by disbursing fifty per cent to the musical 
composers and authors, thirty per cent to the performers, and twenty per cent to 
the producers of sound recordings. 
(5) In the case of video carrlers the royalties collected, with the 
expenditures deducted from them, shall be distributed to the rightholders, and 
namely -unless differently agreed before March 3 1 of every year between the 
affected organizations performing collective administration of rights -thirteen 
per cent shall be due fo the producers of movie pictures, twenty-two per cent to 
the cinematographic creators of movie pictures, four per cent to creators of fine 
arts, designs and authors of artistic photographs, sixteen per cent to script \"\Titers, 
twenty per cent to composers and lyricists, and t\yenty-five per cent to 
performers. 
(6) The organization performing the collective administration of rights in 
literary and musical works shall remit the part of the royalties, due to authors and 
copyright rightholders, performers and producers· of sound recordings \yho are 
not represented by the said organization regarding the distribution of royalties, to 
the organizations performing the collective administration of rights for the right-
holders involved. IP fN/l/HUN/C/4 
Page 17 
(7) The rightholders may enforce their claims to remuneration only by the 
agency of the organization performing the collective administration of their rights 
(Articles 85 to 93), and they may renounce the remuneration only with effect 
following the date of the distribution and to the extent of the amount due to them. 
Article 21 
(1) The authors of the works and the publishers thereof in the form of 
book, as notes or in periodicals which are reproduced by photocopying or in like 
manner on paper or on like carrier (hereinafter jointly referred to as by 
reprography) shall be due to be paid fair and equitable remuneration on private­
purpose copying. The remuneration shall be paid by the manufacturer of the 
device used for reprography or by the person obliged to pay customs duties in the 
case of <;i device manufactured abroad vvithin the term defined in the third 
sentence of Article 20 (2). In addition, the person operating the reprographic 
device for a consideration is also obliged to pay remuneration. In both cases the 
remuneration shall be paid to the organization performing the collective 
adrriinistration of rights. 
(2) The specification of the devices that may be used for reprography shall 
be determined by a special regulation. 
(3) The remuneration referred to in Paragraph (1) shall be set by the 
organization performing the collective administration of rights. \Vhen deter­
mining the said remuneration, it shall take due account of, in particular, the 
manner of the use of the device and its output characteristics, as \vell as the place 
of the operation in the case of its use for a consideration. IPIN/11HUN/C/4 
Page 18 
(4) The obligation to pay remuneration shall not apply to the case where 
the device is put into circulation for export purposes. 
(5) The remunerations collected, \V'ith the administration fees deducted 
from them, shall be distributed to the rightholders. Thirty per cent shall be due to 
the publishers of books and periodicals, which share shall be remitted to their 
respective trade organizations. Of the remaining seventy per cent sixty per cent 
shall be due to the authors of literary and musical works as \vell as music 
publishers and ten per cent to creators of fine arts and of artistic photographs. 
This latter share shall be remitted to the organization performing the collective 
administration of the rIghts of authors of fine art. 
(6) The distribution proportions determined in Paragraph (5) shall be 
applied unless othenvise agreed bet\veen the affected organizations performing 
the collective administration of rights and the trade organizations of the 
rightholders concerned before March 31 of every year. 
(7) The authors and publishers may enforce their claims to remuneration 
only via the organizations performing the collective administration of their rights 
and their trade organizations and may reOOLIoce the royalties due to them only 
following the date of distribution and to the extent of the amount due to them. If 
no special organizations for the collective administration of rights as provided by 
Article 86 (3) is established by the rightholders for enforcing their claims to 
remuneration pursuant to this Article, the collective administration of rights 
connected \-vith the remunerations here involved shall be attended to by the 
organization performing the collective administration of rights related to literary 
and musical \vorks. In this case the organization performing the collective LPINIl/HUN/C/4 
Page 19 
administration of rights shall on the tariffs request the opllllOn of the trade 
organizations of book and periodical publishers and music publishers. 
Article 22 
(l) The commercial manufacturers of blank video and audio carriers as 
defined in Article 20 and of the type of devices as defined in Article 21 as well as 
the importers of such video and audio carriers or devices who are statutorily 
obliged to pay customs duties on such imports are obliged, before the tenth day of 
every calendar month, to inform the organization performing the collective 
administration of rights on the quantity put into circulation or imported and the 
types of the carriers and devices. The organization performing the collective 
administration of rights may request further information on the figures relating to 
the putting into circulation and on the sources of procurement; and it may request 
those operating reprographic devices for a consideration to provide further 
particulars necessary for determining the fair amount of remuneration. 
(2) The failure to meet, and even the incomplete meeting of, the obligation 
to provide information or particulars and to supply data as required by the 
provision of Paragraph Cl) a lump sump for covering the expenses of the 
organization performing the collective administration of rights is to be paid in 
addition to the remuneration due, which lump sum shall be of the same amount as 
the remuneration due to be paid. 
The Right of Distribution 
Article 23 
(1) The author shall have the exclusive right to distribute his work and to 
authorize others therefor. The making accessible to the public of the original copy IPINIl/HUN/C/4 
Page 20 
or the reproduced coples of the work through putting into circulation or their 
offer for putting into circulation shall be taken to mean distribution. 
(2) The distribution shall in particular imply the transfer of the title of 
ownership of the copy of the work and the rental of the copy of the work as well 
as the importation into the country of the copy of the work with the purpose of 
putting it into circulation. 
(3) In the case of cinematographic creations, works included in sound 
recordings and software, the lending to the public of individual copies of the 
work shall likewise be covered by the right of distribution. 
(4) The right of distribution through rental shall only cover the designs 
within the domains of architecture, applied arts and industrial designing. 
(5) If the copy of the work has been put into circulation domestically by 
the rightholder or by another person expressly authorized therefor by the 
rightholder through sale or the transfer of title of O\vnership in any other manner, 
the right of distribution shall further on be exhausted \vith regard to the copy of 
the work thus put into circulation, howe\'er, this shall be without prejudice to the 
right of rental, lending and importation. 
(6) If the right of rental relating to a cinematographic creation or a work 
included in a sound recording has been transferred, or otherwise licensed, by the 
author to the producer of the film or sound recording, the author shall retain a 
claim to the producer of the film or sound recording for a fair and equitable 
remuneration reQ:arding the distribution of the \'lork through rental. This right ....... "-' .............. 
may not be waived by the author, however, he may enforce his claim tp a IPINIl/HUN/C/4 
Page 21 
remuneration only via an organization performing the collective administration of 
rights (Articles 85 to 93). 
(7) In the case of the lending to the public of works not referred to in 
Paragraph (3) -as far as architectural, applied art and industrial creations are 
concerned, of their design -, a fair and equitable remuneration shall be due to the 
authors. This claim to a remuneration may be enforced only via the collective 
administration of rights and the rightholders may waive such remuneration only 
following the date of its distribution and to the extent of the. amount due to them. 
The Right of Public Performance 
Article 24 
(1) The author shall have the exclusive right to perform his work to the 
public and to authorize another person there for. The making of the work 
perceptible to those present shall be taken to mean perfonnance. 
(2) As performance shall be rated in particular 
a) the performance of the work to the public by a performer in person, 
including stage performance, concert, recital, reading out ("live perfonnance"): 
b) making the \vork perceptible by any technical dey·ice or manner, 
including the projection of a cinematographic creation, making the \\'ork 
communicated or distributed (as a copy) to the public become audible by 
loudspeaker or visible on a screen. 
(3) A perfonnance shall be taken to be public if it occurs in a place 
accessible to the public or in any other place where people other than the 
members of a family and their acquaintances gather or may gather. IP!N1l /HUN/C/4 
Page 22 
Article 25 
(l) The author's authorization of the public performance of an already 
disclosed musical work or literary work shall be considered as granted if the 
remuneration determined by the organization administering authors' rights m 
musical and literary works collectively has been paid to this organization. 
(2) In the event of the public performance of a musical work, remuneration 
shall be due to the lyricist only if the musical work falls under· copyright 
protection. 
(3) The provISIOns of Paragraphs (1) and .(2) shall not apply to the 
performance of literary works written for dramatic purposes, musico~dramatical 
works, or scenes or overviews thereof. 
(4) In the cases covered by Paragraphs (l) and (2) the planned use and the 
alteration of the current use have to be notified by the user in advance. The 
organization performing the collective administration of rights referred to in 
Paragraph (1) may inspect the use on the spot. 
(5) The royalty due on a public performance realized by the performer's 
personal acting -except for the royalty due on the supply of music in a catering 
establishment -has to be paid \vithin three days from the date of the perform­
ance. In other cases an advance payment of the royalty for at least a quarter of a 
year's period -or for the whole period if it is shorter than a quarter of a year and 
the operation of the establishment is of seasonal character -is required for 
obtaining the licence. IP /N/l/HUN/C/4 
Page 23 
(6) In case the user fails to meet its obligation of notification required by 
the provision of Paragraph (4) and in consequence of this the organization 
performing the collective administration of rights gets knowledge of the use only 
by conducting its inspection, a flatrate amount covering the organization's 
inspection costs has to be paid in addition to the royalty due to be paid. The 
flatrate amount shall be of the same size as is that of the royalty due. 
The Right of Communication of the Work to the Public 
Article 26 
(1) The author shall have the exclusive right to have his work 
communicated to the public by-broadcasting and to authorize another person 
therefor. The making of the work perceptible to people at a distance by the 
transmission of sounds or pictures and sounds or the technical presentation of 
these without the use of cable or other like device shall be taken to mean 
broadcasting. 
(2) Satellite broadcasting shall be taken to be covered by the broadcasting 
of the \vork in case the programme broadcast can directly be received by the 
pUblic. The programme broadcast by satellite shall be regarded to be accessible to 
direct reception by the public if, under the responsibility and control of the radio 
or television organization, signals carrying the work are uplinked to the satellite 
and from there back to the ground by uninterrupted transmission \vith the purpose 
that the signals can be received by the public. 
(3) As broadcasting of the work shall further be rated an encrypted 
broadcasting which can be directly received by the public only after the 
organization concerned 'vvith the communication to the public has made the IPIN/l/HUN/C/4 
Page 24 
signals carrying the programme suitable for reception by the use of a device for 
decryption procured from the original radio or television organization on the 
basis of an agreement concluded with it or from another organization authorized 
by the original one to sell the said device. The original radio or television 
organization and the organization concerned with communication to the public 
and using the device for decryption shall jointly and severally be held liable for 
such use. 
( 4) As broadcasting of the work shall also be rated if the signals of the 
broadcast programme are encr:ypted by the organization concerned with commu­
nication to the public and the work is accessible for undisturbed perception by the 
members of the public only by the use of a device for decryption procured from 
the said organization on the hasis of an agreement concluded \vith it or from 
~ ~ 
another organization authorized for the sale of the-said device by the original 
organization. 
(5) A broadcast in \vhich the signals carrying the programme are trans­
formed in any manner in order to restrict the access thereto to a limited part of the 
public shall be considered as an encrypted broadcast. 
(6) The fixation of the \york permitting its repeated broadcasting is subject 
to the author's special licence. Each and every use of the recording is subject to 
the payment of remuneration. 
(7) The communication to the public of an own programme by cable or 
any like device or in any like manner shall be subject, mutatis mutandis, to the 
provisions relating to broadcasting. IPINIl/HUN/C/4 
Page 25 
(8) The author shall further have the exclusive right to communicate his 
work to the public in a manner other than broadcasting or the means referred to in 
Paragraph (7) and to authorize another person therefor. This right shall in 
particular cover the case when the work is made available to the public by cable 
or any other means or in any other manner so that the members of the public can 
choose the place and time of the availability individually. 
Article 27 
As regards the authorization of the broadcasting of already disclosed 
works and of their uses as provided for in Article 26 -except for the use of 
literary works designed for the stage and of musico-dramatical \vorks or scenes 
and overviews thereof -as well as the determination of the royalties to be paid 
for the said uses, the organization performing the collective administration of the· 
rights related to literary and musical \vorks acting on behalf of the literary 
authors, composers and lyricists shall conclude licensing agreements with users. 
Article 28 
(l) The author shall have the exclusive right to rebroadcast his work 
communicated to the public by broadcasting and to authorize another person 
there for. 
(2) In case the works broadcast or cable-transmitted in the programme of 
the radio or television organization or of the entity communicating its own 
programme by cable to the public are simultaneously and in an unaltered manner 
retransmitted by cable to the public via an organization other than the original 
one, the authorization of the author shall be considered as granted if the 
organization executing the simultaneous retransmission has paid the determined IPIN/l/HUN/C/4 
Page 26 
remuneration to the organization performing the collective administration of 
rights in literary and musical ·works. 
(3) The rightholders may enforce their claim to remuneration only VIa 
collective administration and may waive such remuneration only following the 
date of its distribution and to the extent of the amount due to them. 
(4) The collected remunerations, with the expenditures deducted from 
them, shall be distributed to the rightholders, and -unless otherwise agreed 
between the affected organizations performing collective administration of rights 
before March 31 of every year -thirteen per cent shall be due to the film 
producers; twenty per cent to the cinematographic creators of movie pictures, 
three per cent to creators of works of fine arts, designs and authors of artistic 
photographs, fifteen per cent to script writers, nineteen per cent to composers and 
lyricists, and thirty per cent to performers. 
(5) The organization performing collective administration of the rights in 
literary and musi'cal works shall remit the part of the collected royalties due to 
performers as well as to the authors and copyright rightholders of the genres of 
works "vhich are not represented by the said organization regarding the 
distribution to the organizations performing collective administration of the rights 
of the persons referred to. 
(6) The royalties due on the retransmission of the works broadcast in the 
programme of,· or communicated by cable or in any other manner by, the 
Hungarian .public radio and television organization shall be paid from the 
Programme Providing Fund, and this payment shall be the responsibility of the 
administrator of the Fund. The Right of Alteration 
Article 29 IP/N/1/HUN/C/4 
Page 27 
The author shall have the exclusive right to alter his work or to authorize 
another person therefor. The translation of the work, its dramatic or musical 
adaptation, its adaptation for a cinematographic production, the adaptation of the 
cinematographic creation, and any other alteration of the work as a result of 
which another work is derived from the original one shall be taken to mean 
alteration. 
Work Created Under Employment or Other Service Relations 
Article 30 
Cl) Unless otherwise agreed, the delivery of the work to the employer shall 
imply the transfer of the economic rights upon the employer as successor in title 
to the author, if the creation of the work is the author's job duty. 
(2) The economic rights acquired pursuant to the provision of Paragraph 
(1) shall be transferred upon the successor in title to the employer if there has 
occurred such succession in title. 
(3) The author shall be entitled to an appropriate remuneration if the 
employer authorizes another person to use the work or transfers to another person 
the economic rights relating to the "vork. IPINI1/HUN/C/4 
Page 28 
(4) The author shall continue, even in the case of the acquisition of rights 
by the employer, to be entitled to the remuneration which is due to him even after 
the transfer of the right of use pursuant to this Act. 
(5) If the creation of the work is the author's job duty, the delivery of the 
work to the employer shall be considered as an act of consent to the disclosure of 
the work to the public. In the case of the author's declaration aimed at 
withdrawing his work (Article 13) the employer is obliged to make no mention of 
the author's name. The author's name shall likewise be left unmentioned, at the 
author's request, if availing himself of his employer's rights the employer makes 
alterations in the work without the author's agreement. 
(6) The legal representations made \vith regard to the work created by way 
of fulfilment of the author's job duty shall be laid down in writing. 
(7) The provisions relating to a work created as job duty shall be applied 
mutatis mutandis if the work has been created by a person employed as public or 
civil servant, a person belonging to the professional staff of the armed forces and 
police forces and being in a,ctive service, or a co-operative member employed 
under legal relations similar to those of employment relations. 
The Term of Protection 
Article 31 
(1) The authors' rights shall enjoy protection during the lifetime of the 
author and for seventy years following his death. IPIN/1!ffiJN/C/4 
Page 29 
(2) The seventy years' 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, 
from the first day of the year following the death ofthe joint author dying last. 
(3) In case the person of the author is unknown, the term of protection 
shall be seventy years and shall be counted from the first day of the year 
following the first disclosure of the work. However, should the author become 
knmvn during this period of time, the term of protection shall be counted as in . . 
Paragraph (2). 
(4) In the case of a ,"York disclosed to the public in several parts, the year of 
the first disclosure shall be counted part by part. 
(5) The term of protection of a collective work shall be seventy years 
counted from the first day of the year following the first disclosure of the work. 
(6) The term of protection of a cinematographic creation shall be counted 
from the first day of the year following the death of the author thereof dying last. 
(7) In case the term of protection shall be counted from a date other than 
the first day of the year following the death of the author, the author dying last, or 
the joint author, and the work is not disclosed to the public v/ithin the seventy 
years' peri od following its creation, no copyright protection shall further on be 
due to the \vork. 
Article 32 
Copyright protection of a scope consistent \vith the author's economIC 
rights shall be due to the person who, following the expiration of the term of IPINIllHUN/C/4 
Page 30 
protection or the period of time determined in Article 31 (7), discloses according 
to the la\-v a \vork previously not disclosed to the pUblic. The term of such 
protection shall be twenty-five years from the first day of the year following the 
first disclosure. 
Chapter Four 
The Free Use of the Work and Other Limitations to the Copyright 
General Provisions 
Article 33 
(1) Uses falling within the scope of the free use shall not be subject to the 
payment of any consideration and to any authorization of-the author. Only works 
disclosed to the public may be used freely pursuant to the provisions of this Act. 
(2) The use under the provisions relating to free use is permitted and not 
subject to the payment of a fee only so far as it does not conflict \vith a normal 
exploitation of the work and does not unreasonably prejudice the legitimate 
interests of the author; and it is in compliance with the requirements of fairness 
and is not designed for a purpose incompatible with the intention of free use. 
(3). The prOVlSlOns relating to free use shall not be interpreted lD an 
extensive manner. 
(4) For purposes of the provisions of this chapter the use shall be taken to 
serve the purposes of academic education if it is implemented in accordance with 
the requirements of education and with the curricula respectively used in 
kindergarten, primary school, secondary school, industrial school, vocational IP/N/l/HUN/C/4 
Page 31 
school education, the primary education of arts, as well as in higher education 
falling under the scope of the-law on higher education. 
The Cases of Free Use 
Article 34 
(l) From a disclosed work any part may be cited by indication of the 
source and naming the author indicated as such. Such citation shall be true to the 
original and its scope shall be justified by the nature and purpose of the 
borrowing work. 
(2) Part of a literary or musical work or a work of minor size disclosed to 
the public may be borrowed for purposes of school education and scientific 
educational lectures with the indication of the source and the author referred to 
-therein. The inclusion of a work in another work to an extent \vhich goes beyond 
the scope of citation shall be taken to mean borrowing. 
(3) The reproduction and distribution of the borrowing work referred to in 
Paragraph (2) are not subject to the author's authorization if the borrowing work 
is, pursuant to the relevant legislation, declared to be a textbook or reference 
book and the academic purpose is indicated on the title page. 
Article 35 
(1) A copy of the \'lork may be made by anyone for private purpose if it is 
not designed for earning or increasing income even in an indirect way. This 
provision shall not apply to architectural \vorks, engineering structures, sOTI\vare IPIN/l/HUN/C/4 
Page 32 
and databases operated by a computing device as well as to the fixation of the 
public performance of a work on video or sound carrier. 
(2) A complete book as well as the whole of a periodical or daily may be 
copied even for private purpose only by handwriting or typing. 
(3) Having a work copied by someone else with computer or on electronic 
data carrier, even if this is done for private purpose, shall not be considered as 
falling within the scope of free use. 
(4) In a manner and to the extent complying with the intended purpose as 
\vell as for internal use in an institution, if this is outside the scope of commercial 
activity, a copy may. be made for own purposes if it is not designed for earning or 
increasing income even in an indirect way and 
a) it is required for scientific research, 
b) it is made from an own copy for the files to be used for scientific 
purpose or for the supply of a public library, or 
c) it is made of a limited part of a published work or of an article in a 
newspaper or periodical. 
(5) Specific parts of a work published as a book as well as newspaper and 
periodical articles may be reproduced for educational purposes in a number 
corresponding to the number of pupils in a class or for purposes of exam in public 
and higher education in a number necessary for the said purpose. 
(6) The temporary reproduction of a work done \vith the exclusive purpose 
to permit the realization of the use of the work authorized by the author or 
permitted pursuant to the provisions of this Act shall be taken to fall \vithin the IP/N/1/HUN/C/4 
Page 33 
scope of free use on the condition that the temporary reproduction is an integral 
part of the technological process aiming to achieve the said use and lacking any 
economic significance of its own. 
Article 36 
(1) Communications containing facts and news may freely be borrowed, 
with the indication of the source. The contents of public negotiations and 
speeches may freely be used, however, the use of educational, scientific, popular 
and entertainment lectures as well as the publication of speeches in a collective 
work are subject to the author's authorization. 
(2) Any art, photographic, architectural, applied art or industrial design 
creation may freely be used as decor in a television programme. In this case it is 
not necessary to indicate the author's name. 
(3) The use in a television programme of works made for purposes of 
decor or costume is subject to the authorization of the author and the indication of 
his name. 
Article 37 
(1) Related to daily events, specific works may be included in the political 
news programme or other timely programmes of the broadcasting organization to 
the extent justified by the given occasion. In such cases the indication of the 
author's name shall not be required. IPINIl/HUN/C/4 
Page 34 
(2) Art, photographic, architectural, applied art and industrial design 
creations displayed in public exhibition may be presented by dailies and 
periodicals, as well as the news programmes and other timely programmes of the 
broadcasting organizations. 
(3) A programme informing on or presenting an event related to a specific 
point of time and including minor parts of specific works only within this 
framework shall be considered as timely. 
Article 38 
Cl) If the performance is not designed to earn or increase income even in 
an indirect manner and the participants do not receive remuneration, the works 
may be performed in the following cases: 
a) by amateur theatre groups if a dramatic work is involved and it is 
performed on the basis of a text published or a manuscript lm.vfully used, 
supposing that this is not to prejudice of any international agreement, 
b) for purposes of school education or at celebrations held at school, 
c) within the framework of the care of those at social disadvantage and of 
aged people, 
d) at celebrations held on national holidays, 
e) at religious ceremonies or on religious holidays, 
f) for private use and at occasionally held private social gatherings. 
(2) If a use is suitable for increasing the number of customers (e.g., that of 
a shop or a place of amusement) or for entertaining the customers of a shop or 
other types of consumers, it shall be taken to serve the purpose of increasing 
income. The collection of entrance fees, even if a different name is used for IPINIl/HUN/C/4 
Page 35 
these, shall be taken to mean earning income. Payments exceeding the incurring 
and justified costs in connection with the performance shall be taken to mean 
remuneration. 
(3) A dancing party held at a school shall not be taken to mean 
performance for purposes of school education. 
(4) A party held by an economic organization or a legal entity other than 
an economic organization exclusively for its members, officers and employees 
shall be taken to be a private event. 
Article 39 
The public libraries may freely lend out copies of a work. This provision 
shall not apply to software and to database operated by computer devices. 
Article 40 
The copIes reproduced within the scope of free uses shall not be 
distributable without the author's authorization, except for lending between 
libraries. 
Article 41 
(1) The non-commercial reproduction and distribution of a work shall be 
~onsidered to be within the scope of free uses if they are exclusively designed to 
satisfY the needs of disabled persons and are implemented accordingly. IP/N/lIHUN/C/4 
Page 36 
(2) In court, public administration and other authority proceedings a work 
may be used for purposes of evidence, in a manner and to the extent consistent 
with this type of use. 
Chapter Five 
Licensing Agreements 
General Provisions for the Licensing Agreements 
Article 42 
(1) On the basis of a licensing agreement the author authorizes the use of 
his work and the user is obliged to pay a remuneration therefor. 
(2) The parties may freely agree on the contents of the licensing 
agreement; by mutual consent they may waive the observance of the provisions 
relating to the licensing agreement if this is not prohibited by this Act or other 
provision of law. 
(3) If the contents of the licensing agreement cannot be interpreted unam­
biguously, the interpretation most favourable for the author shall be accepted. 
Article 43 
(1) The licensing agreement shall provide exclusive right to use only by an 
express stipulation to that end. In case an exclusive authorization obtains, only 
the acquirer of right may exploit the work, the author may not grant funher 
authorizations for the use of the work, and even he himself remains entitled to use 
his work only if this is stipulated in the contract. IPIN/l/HUN/C/4 
Page 37 
(2) The authorization provided for non-exclusive use pnor to the 
conclusion of the contract in which exclusive use is authorized shall remain valid 
unless otherwise provided by the contract concluded between the author and the 
user acquiring non-exclusive right of use. 
(3) The authorization of use may be limited to a specific domain, period of 
time, manner of use and extent of use. 
(4) Unless otherwise provided by statute or contract, the authorization of 
use shall cover the territory of the Republic of Hungary and its term shall be in 
compliance with the period customary in contracts concluded on the use of works 
similar to the subject-matter of the contract. 
(5) If the contract does not provide for the .manners of use which the 
authorization is intended to apply to or does not provide for the authorized extent 
of use, the authorization shall be limited to the manner and extent of use 
indispensably necessary for the implementation of the objectives of the contract. 
Article 44 
(1) The ·stipulation of the licensing agreement \\'hereby the author 
authorizes the use of an indefinite number of \vorks he is to create in the future 
shall be taken to be null and void. 
(2) No authorization of a manner of use still unkno\vn at the conclusion of 
the contract may be granted. Ho\vever, the method of the use evolving following 
the conclusion of the contract is not to be considered a manner of use still 
unknown at the conclusion of the contract if v/hat is merely involved is that a 
manner of use k..l1own earlier will be possible to be applied more efficiently, in IPINIl/HUN/C/4 
Page 38 
more favourable conditions or in a better quality as a result of the improvement of 
methods. 
Article 45 
(1) Unless otherwise provided by this Act, the licensing agreement shall be 
drawn up in a written form. 
(2) The drawing up of the contract in a written form shall not be obligatory 
if the contract is designed for publication in a daily or periodical. 
Article 46 
(1) The user may confer the authorization or may grant sub-licence to a 
third person for the use of the work only subject to the author's express consent 
thereto. 
(2) The authorization of use shall, without the author's. consent, be 
transferred to the successor in title in case the economic organization authorized 
for the use is wound up or the affected organizational unit of its is withdrawn 
from it. 
(3) In case the user confers its rights or grants sub-licence without the 
author's consent or the authorization of use is transferred without the author's 
consent, the user and the acquirer of rights shall be jointly and severally 
responsible for the fulfilment of the licensing agreement. Article 47 IPIN/1/HUN/C/4 
Page 39 
(1) The authorization of use shall cover the alteration of the work only on 
express stipulation to that end. 
(2) The authorization of reproduction shall pennit the user to fix the work 
in video or sound recording or to copy it by computer or onto an electronic data 
carrier only on express stipulation to that end. 
(3) The authorization of the distribution of the work shall permit the user 
to import copies of the work for purposes of putting them into circulation only on 
express stipUlation to that end. 
(4) The authorization of the reproduction of the work shall, in case of 
doubt, cover the distribution of the reproduced copies of the work. This shall not 
imply, ho\vever, the importation into the country of copies of the work for 
purposes for putting them into circulation. 
Article 48 
According to the general provisions of civil law the court may alter the 
licensing agreement even if such a contract infringes the author's substantive 
lawful interest in having an equitable share in the income on use for the reason 
that because of the considerable increase in the demand for the use of the work 
following the conclusion of the contract the difference in value between the 
services respectively provided by the parties becomes strikingly big. IP INIl/HUN/C/4 
Page 40 
Article 49 
Cl) The user is obliged to make a statement on the acceptance of a work 
delivered to him under a contract relating to a work to be created in the future 
within two months from the date of the delivery of the work to him. If the user 
returns the work to the author for corrections to be made in it, the tenn shall be 
counted from the date of the delivery of the corrected work. If no statement is 
made by the user within the term available to him for that purpose, the work shall 
be considered as accepted. 
(2) In case the contract was concluded on a work to be created in the 
future, the user shall be entitled to repeatedly return the finished work, with 
refe~ence to justified grounds and by setting appropriate deadlines, to the author 
for purposes of correction. 
(3) In case the author refuses to make corrections without reasonable 
grounds, or fails to make the corrections by the deadline set, the user may rescind 
from the contract vvithout the payment of remuneration. 
(4) In case the work proves unsuitable for use even after the correction, 
only a reduced remuneration shall be paid to the author. 
Article 50 
If the author authorizes the use of his work, he is obliged to perfonn on it 
the alterations not affecting its essence but indispensably or obviously necessary 
for the use. Should he refuse or be unable to meet this obligation, the user may 
perform the alterations without his consent. Article 51 IP/N/l/HUN/C/4 
Page 41 
(1) The author may unilaterally terminate the contract containing the 
authorization of exclusive use if 
a) the user fails to commence the use of the work within the period 
determined in the contract or -in the absence of a stipulated period -within the 
period reasonably to be expected in the given situation; or 
b) the user exercises his rights acquired by the contract III a manner 
obviously inappropriate for the implementation of the goals of the contract or in a 
manner other than consistent with the intended purpose. 
(2) If the contract for use is concluded with an indefinite term or for a 
period longer than five years, the author may exercise his right of termination 
referred to in Paragraph (l) only after two years have passed from the date of the 
conclusion of the contract. 
(3) The author may exercise his right of termination only after he has set a 
deadline to the user for the fulfilment of the terms and conditions of the contract 
and that deadline has expired with no result achieved. 
(4) The author may not in advance \vai\·e his right of termination referred 
to in Paragraph (1); such waiver may be excluded by contract only for a five 
years' period following the conclusion of the contract or the delivery of the work 
if this occurs at a later date than is that of the conclusion of the contract. 
(5) Instead of termination of the contract, the author may tenninate the 
exclusivity of the authorization \vith a simultaneous proportional reduction of the 
fee to be paid to him for the use. IP 1NIllHUN/C/4 
Page 42 
Article 52 
(1) If the contract for use relating to works to be created in the future is 
concluded so that the future works are referred to only by their genre or character, 
either party may terminate the contract with a six months' notice after the lapse of 
five years and thereafter repeatedly after the lapse of five years' tenns. 
(2) The author may noCin advance waive his right of termination referred 
to in Paragraph (1). 
Article 53 
(1) The author may tenninate the licensing agreement if, \vith reference to 
any reasonable grounds, he withdraws his authorization to disclose his work to 
the public or forbids the further use of his work having been disclosed. 
(2) The exerCIse of the right of termination is subject to the author 
providing a security for making up for the damage having arisen till the time of 
the announcement of the denunciation. 
(3) If following the termination of the licensing agreement as provided by 
Paragraph (1) the author \vants again to consent to disclosing his \vork to the 
public or to its continued use, the previous user shall have the right of first refusal 
in respect of the licence. 
(4) The rules governing the right of first refusal regarding sale of goods 
shall apply to the right of first refusal in respect of the licence. Article 54 IPINIl/HUN/C/4 
Page 43 
The licensing agreement shall cease to have effect with the lapse of the 
time determined in the contract, with the emergence of the circumstances referred 
to in the contract, as well as after the expiration of the term of protection. 
Article 55 
The provlsIOns relating to licensing agreements shall apply, mutatis 
mutandis, to contracts aimed at assigning the author's economic rights and to 
licensing the use of performers , performances. 
Publishing Agreement 
Article 56· 
(1) Under a publishing agreement, the author shall be obliged to make his 
vvork available to the publisher, and the publisher shall be entitled to publish it 
and put it into circulation, and shall be obliged to pay remuneration to the author. 
(2) The right of publishing shall -in case of any doubt -relate to the 
publication of the ,York in Hungarian. The right of publishing exercised under the 
contract shall be exclusive, except in the case of works made for collections as 
. well as dailies and periodicals. 
Article 57 
(1) The inclusion of pictures in the publication of literary works shall be 
subject (0 the author's consent. IP/N/l/HUN/C/4 
Page 44 
(2) In case the author has consented to the inclusion of pictures (illus­
trations) in the publication of his work, he may refuse his consent to the use of 
specific pictures only with reference to highly reasonable grounds. 
PART TWO 
PROVISIONS RELATING TO SPECIFIC GENRES 
Chapter Six 
Software Program Creation 
Article 58 
(1) The provision of Article 1, Paragraph (6), shall appli also to the idea, 
principle, concept, procedure, method of operation or mathematical operation on 
which the software interface is based. 
(2) The provision of Article 4, Paragraph (2), shall apply also to the 
adaptation of the original program language to a different program language. 
(3) The economic rights relating to software shall be assignable. 
(4) The provisions of Article 30, Paragraphs (3) and (4), shall not apply to 
the software created by the author as ajob duty. 
Article 59 
(1) Unless otherwise agreed, the author's exclusive right shall not cover 
reproduction, alteration, adaptation, translation and any other modification of the 
soft\vare -including the correction of mistakes -as \ovell as the reproduction of IP!N1l IIIDN/C/4 
Page 45 
the product of these acts in so far as these acts of use are carried out by the person 
authorized to acquire the software in compliance with the intended purpose of the 
software. 
(2) No provision in the licensing agreement shall prohibit the user from 
making a back-up copy of the software ifit is necessary for the use. 
(3) The person entitled to use a copy of the software shall be entitled, 
without the author's authorization, to observe and study ~he operation of the 
software and to make a trial use thereof in the processes of its loading, display on 
the monitor, running, transmission or storage in order that he can get to know the 
idea or principle serving as a basis for any of the software components. 
Article 60 
(1) No authorization of the author shall be required for the reproduction or 
translation of the code which is indispensable for the acquisition of the 
infonnation necessary to know for the combined operation of the independently 
created software \vith another software supposing that 
a) these acts of use are perfonned by the authorized user or another person 
entitled to use the copy of the software or a person put in charge of perfonning 
these acts by the persons referred to in this Item; 
b) the information necessary to know for the combined operation has not 
been easy of access to the persons referred to in Item a); 
c) these acts of use are limited to those parts of the software \vhich are 
necessary for permitting combined operation. IP /N/l/IillN/C/4 
Page 46 
(2) The information obtained through application of the provIslOn of 
Paragraph (1) shall not be 
a) used for a purpose other than the combined operation of the inde­
pendently created software; 
b) communicated to another person unless this is required for the 
combined operation with the independently created software; 
c) used for the development, production and putting into circulation of 
another software essentially similar as regards its fomi of e~pression or for other 
acts resulting in the infringement of the copyright. 
_(3) The provision of Article 33, Paragraph (2), shall apply, mutatis 
mutandis, to the operations falling under the provisions of Paragraphs (1) and (2). 
(4) Paragraph (2) of Article 34 and Paragraph (1) of Article 38 shall be 
inapplicable to the software. The term defined in Article 49, Paragraph (1), shall 
be four months in the case of sofuvare. 
(5) In case copIes of the software are procured through commercial 
distribution-, it is not obligatory to lay down in \vriting a contract relating to the 
use of the sofuvare. 
Chapter Seven 
Database 
Article 61 
(l) The economic rights covering databases shall be transferable. 
(2) The provisions of Article 30, Paragraphs (3) and (4), shall not apply to 
the databcse created by the author as ajob duty. Article 62 IPINIl/HUN/C/4 
Page 47 
(1) The performance of acts necessary for accessing the contents of the 
database and using the contents thereof in accordance with the intended purpose 
by a person authorized to use the database shall not be subj ect to the author's 
authorization. 
(2) In case right has been obtained only for the use ora specific part of the 
database, the provision of Paragraph (l) shall apply to that specific part of the 
database. 
(3) The proVIsIOn of Article 33, Paragraph (2), shall apply, mutatis 
mutandis, to the acts falling under the provisions of Paragraphs (1) and (2). 
Chapter Eight 
Works Ordered for Publicity Purposes 
Article 63 
(1) The economic rights related to a work ordered for publicity purposes 
shall be transferable to the user. 
(2) The mode of use, its extent, the scope of territory, the term, the 
specification of the carrier of the advertiserrient, as well as the remuneration due 
to the author shall be particularly essential issues when a contract on the 
assignment of economic rights is concluded. 
(3) Such works shall not fallvvithin the scope of the collective adminis­
tration of rights. IPINIllHUN/C/4 
Page 48 
(4) In the case of the use of pre-existing works for pUblicity purposes the 
author and the user may agree that the work shaIl be considered -exclusively 
from the aspect of the application of the provisions of Paragraphs (1) to (3) and 
of the use related to the domain of publicity -as a work commissioned for 
publicity purposes. This agreement shall become effective for the organization 
performing the collective administration of rights (Articles 85 to 93) only if the 
organization is informed of this by the author in writing. 
Chapter Nine 
Cinematographic Creations and Other Audiovisual Works 
General Provisions 
Article 64 
(1) A cinematographic creation shall be taken to mean a work \vhich is 
expressed by motion pictures arranged in a predetermined order and accompanied 
or not by sound, irres-pective of what carrier the work has been fixed on. The 
feature film produced for movie projection, the television film, the pUblicity and 
documentary film as well as cartoons and educational films shall in panicular be 
rated as cinematographic creations. 
(2) The authors of the literary and musical \'lorks prepared for a motion 
picture, the director of the motion picture, and all other persons having made 
creative contributions to the production of the whole of the motion picture shall 
be taken to be the authors of the cinematographic creation. This provision shall 
not prejudice the statutory rights of the authors of other works used in producing 
the cinematographic creation. IPINIl/HUN/C/4 
Page 49 
(3) The natural or legal person or the unincorporated economic organiza­
tion who or which on their own behalf initiates and organizes the creation of the 
film and provides therefor the necessary financial and other conditions shall be 
taken to be the producer of the film (hereinafter referred to as the producer). 
Article 65 
(1) A cinematographic creation shall be considered as completed if its final 
version is accepted as such by the authors and the producer. The final version 
may not thereafter be unilaterally altered by either party. 
(2) The alteration of a completed film by addition, omission or replace­
ment or in any other form shall be subject to the authorization of the authors and 
the producer. 
(3) Unless otherwise agreed between the authors, the director shall 
represent the other authors in the exercise of the rights provided in Paragraphs (1) 
and (2). 
(-+) Except for the rights pro\-ided in Paragraphs (1) and (2), the producer 
may take action towards the protection of the moral rights of the authors_ 
(5) The cinematographic creations shall not be subject to the general 
provisions relating to works created as job duty (Article 30). IPINIl/HUN/C/4 
Page 50 
Synchronization Agreement 
Article 66 
(l) Unless otherwise stipulated, pursuant to the contract concluded on the 
production of a cinematographic creation (hereinafter referred to as 
synchronization agreement) the author -except the composer of a musical work 
with or without text -shall assign to the producer the right of the use of the 
cinematographic creation and of the authorization of its use. 
(2) The assignment of the right of use shall not extend to the economic 
rights provided in Articles 20, 23 (6) and 28. 
(3) Regarding each manner of use, remuneration shall be due to the author 
separately. The support made 3.\'ailable to the producer for the creation of the film 
shall be considered as income related to the use. It is the producer's oblig.atioD to 
pay the remuneration. 
(4) The producer may exercise the rights due to him under the contract 
jointly with another natural or legal person, whether Hungarian or foreign. 
(5) The producer is obliged, at least once a year, to report in writing to the 
author on the incomes related to the use of the cinematographic creation by 
modes of use. 
(6) Should the producer fail to start the work of adaptation to the screen 
within four years from the acceptance of the \vork, or if such \-york is started but 
is not completed within a reasonable deadline, the author may unilaterally 
terminate the agreement and may raise claim to the payment of a proportional IP/N/1/HUN/C/4 
Page 51 
remuneration. Any advance payment disbursed to the author shall be considered 
as due to him, and the author may freely dispose of his work. 
(7) If the contract is concluded on a work to be created in the future for 
purposes of a cinematographic creation, the producer is obliged to notify the 
author in writing within six months from the delivery of the work whether he 
accepts it or requests it to be corrected. In case the work is returned to the author 
for corrections an appropriate deadline is to be set for performing those 
corrections. The producer is obliged to make it known whether he accepts the 
corrected work within three months from the delivery to him of the corrected 
work. Should the producer fail to meet hi~ obligation to make a statement on the 
acceptance of the work or of the corrected work, the work shall be considered as 
accepted. 
(8) Within ten years from the completion of the production of the film the 
author may not enter into another contract on the production of a new film unless 
this is consented to by the producer. This limitation shall also extend to 
characteristic figures in a cartoon or puppet film and -in case it is agreed 
between the parties -to another work of the author with the same topic as is that 
of the work created and utilized for the production of the film. IP 1N1l/HUN/C/ 4 
Page 52 
Chapter Ten 
Creations of Fine Art, Artistic Photography, Architecture, Applied Art and 
Industrial Design and Designs of Engineering Structures 
Moral Rights 
Article 67 
(1) The alteration without the author's consent· of the design of an 
architectural creation or engineering structure which influences the appearance or 
the intended ordinary use shall be taken to be an unauthorized alteration of the 
work. 
(2) The designer shall have the right to detennine where and how his name 
and the date of designing should be indicated on the building or engineering 
structure. However, the exercise of this right shall be subject to the requirement 
that no unjustified and disproportionate infringement of the rights and lawful 
interests of the owner, the user or the operator shall thereby be caused. 
(3) The author's name has to be indicated on a \'ie\\, if this is intended to 
present a specific fine art, architectural, applied art or industrial design creation 
or engineering structure. The author's name has likewise to be indicated if such 
creations are used for presentation in scientific and educational lectures as well as 
for school education purposes (Article 33, Paragraph (4)). 
(4) In the case of further uses in an unaltered fonn of the design of an 
architectural or technological creation and the further uses of standard designs 
only the name of the author of the original design has to be indicated. IPINIl/HUN/C/4 
Page 53 
(5) The provision of Article 34, Paragraph (1), shall not be applicable to 
the use of fine art, artistic photographic and applied art creations. 
(6) The user of the work shall tolerate the presentation of the work and the 
taking of shots thereof by persons authorized thereto if this is without prejudice to 
his equitable interests. 
The Cases of Free Use 
Article 68 
(1) Of a fine art, architectural and applied art creation erected with a 
permanenJ character outdoors in a public place a view may be made and used 
without the authorization of the author and paying remuneration to him. 
(2) For purposes of scientific or educational lectures (Article 33, Para­
graph (4)) as well as instru~tion, the picture of a fine art, architectural, applied art 
and industrial creation, furthermore artistic photographs may be used without the 
authorization of the author and paying remuneration to him. 
The Right of Exhibition 
Article 69 
(1) The owner of a fine art, artistic photographic' or applied art creation is. 
obliged to make the work temporarily available to the author in order that he can 
exercise his author's right, if such action is without prejudice to the ov·mer's 
equitable interest. 
(2) The exhibition of fine art, artistic photographic, architectural and 
applied art creations shall be subject to the author's authorization. The exhibition IPIN/l/HUN/C/4 
Page 54 
of a work forming part of a public collection shall not be subject to the author's 
consent and no remuneration shall therefor be due to the author. 
(3) The author's name shall be indicated in the case of the exhibition of the 
work. 
Droit de Suite 
Article 70 
(1) The transfer of the right of ownership of an original fine art or applied 
art creation through a business entity engaged in commercial activities shall be 
subject ~o royalty payment. This provision shall be applied only following the 
first case of the transfer by the author of the right of ownership of the creation. 
(2) For the purposes of Paragraph (l), as original fine art and applied art 
creations shall be rated paintings, drawings, reproduced pictorial graphics and 
applied art creations bearing a serial number and the author's sign-manual, as 
well as sculpture and gobelins. 
(3) The royalty must be paid by the buyer; it is tj.-ve per cent of the 
purchase price considered without the general turnover tax. The business entity 
engaged in the commercial activity is in charge of collecting and remitting the 
royalty. 
(4) Museums and museum-type public collections are exempt from the 
obligation to pay royalty. 
(5) The royalty shall be transferred to the organization performing the 
collective administration of authors' rights in fine an and industrial art creations. IPINIllHUN/C/4 
Page 55 
The organization perfonning the collective administration of rights shall disburse 
the collected royalties to the author of the creation or his legal successor. 
(6) The business entity referred to in Paragraph (l) is obliged to transfer 
the royalties to the organization perfonning the collective administration of rights 
every quarter-year, before the 20th day of the month following the quarter under 
consideration. The following information shall accompany the transfer: the name 
of the author -or the fact that the name of the author is not indicated on the work 
-, the title of the work, the technique of its creation, and the amount of the royalty 
due by the \vork. 
Other Provisions 
Article 71 
As regards industrial design and interior design creations intended for 
industrial production purposes: 
a) the right to have the name indicated may be provided· by statute or 
contract by derogation of the provisions of this Act; 
b) the user shall h:l';e the rig:ht of exclusiye use and alteration \vithin the 
scope covered by the contract, however, the designer shall be consulted before 
the execution of any alteration; 
c) the contract shall include a provision on \vhether the user may use the 
creation with or without limitation of time. 
Article 72 
As regards portraits made to order, the exercise of the author's right shall 
be subject to the consent ofthe portrayed person, too. IPINI1/HUN/C/4 
Page 56 
PART THREE 
NEIGHBOURING RIGHTS 
Chapter Eleven 
The Protection of the Neighbouring Rights 
The Protection of Performers 
Article 73 
Cl) Unless otherwise provided by statute, the performer's consent shall be 
sought for: 
a) the fixation of his unfixed performance; 
b) the broadcasting or the communication in another manner to the public 
of his unfixed performance, unless the performance broadcast or communicated 
in another manner to the public is a broadcast performance itself; . 
c) the reproduction of his fixed performance; 
d) the distribution of his fixed performance; 
e) making his performance available to the public by cable or any other 
device or in any other manner so that the members of the public can choose the 
place and time of the availability individually. 
(2) In the case of an ensemble of performers, the performers may exercise 
their rights referred to in Paragraph (l) via their representative. 
(3) In case the performer has consented to his performance being fixed in a 
cinematographic creation, by this consent -unless otherwise stipulated -he 
transfers upon the producer of the film the economic rights referred to in 
Paragraph (l) (Article 63, Paragraph (3)). This pro-vision shall not prejudice the IP/N/l/HUN/C/4 
Page 57 
perfonners' claim to remuneration pursuant to Articles 20 and 28, Paragraph (6) 
of Article 23 shall also apply to performers, mutatis mutandis, 
Article 74 
(1) Unless otherwise provided by this Act, remuneration shall be due to the 
perfonner for the uses mentioned in Article 73, Paragraph (1), 
(2) The ,provisions of Article 27 shall be applicable'mutatis mutandis, also 
m the case of perfonners and the organizations performing the collective 
administration of their rights (Articles 85 to 93) regarding the remuneration of a 
fixation of a performance made for broadcasting or communication to the public 
as well as regarding the exercise of the consent required by subparagraph (1)e of 
Article 73, 
Article 75 
(1) In the case of the uses referred to in Article 73, Paragraph (1), the 
perfonner shall have the moral right to have his name indicated, depending on the 
nature of the use and in Cl manner consistent with it. In the case of ensembles of 
perfonners, this right shall apply to the indication of the names of the ensemble, 
the leader of the ensemble, and the chief performers. 
(2) The distortion, mutilation or any other alteration of a performance 
which prejudices the honour or reputation of the perfonner shall be taken to 
infringe his moral right. IPINIl/HUN/C/4 
Page 58 
The Protection of Phonogram Producer:s 
Article 76 
(1) Unless otherwise provided by statute, the consent of the producer of a 
sound recording shall be required for the sound recording to be: 
a) reproduced; 
b) distributed; 
c) made available to the public by cable or any other means or in any other 
manner so that the members of the public can choose the place and time of the 
availability individually. 
(2) Unless otherwise provided by statute, the producer of the sound 
recording shall have a right to remuneration for the uses referred to in Paragraph 
(1). 
Article 77 
(1) In the case of the broadcasting, or communication to the public in any 
other manner, of a sound recording released for commercial purposes or of its 
copy, the user must pay an additional remuneration, in addition to the royalty to 
be paid for the use of the works under copyright protection, which shall be due to 
the producer of the sound recording and the performer, on an equal basis, unless 
otherwise agreed bet'vveen those entitled. 
(2) For purposes of the provision of Paragraph (1) a sound recording shall 
be considered as released for commercial purposes if it is made available to the 
public in the manner provided in Item e) of Paragraph (1) of ~Article 73 and Item 
c) of Paragraph (1) of Article 76. IP INIllHUN/C/4 
Page 59 
(3) The rightholders may enforce their claim to remuneration only through 
the organizations performing the collective administration of their rights (Articles 
85 to 93) and they may renounce the remuneration only with effect following the 
date of the distribution and to the· extent of the amount due to them. 
Article 78 
(1) The public lending and rental of the released copIes of a sound 
recording shall be subject to the authorization -in addition to that of the author 
of the work embodied in the sound recording- of the phonogram producer and­
in the case of the sound recording of a perfonnance -to that of the performer(s). 
(2) The use determined in Paragraph (1) shali be subject to the payment of 
remuneration, which shall be distributed on an equal basis between those entitled, 
unless otherwise agreed between them. The authors and the performers may 
enforce their claim to remuneration via the organizations performing the 
collective administration of their rights (Articles 85 to 93) and may renounce 
such remuneration only follO\ving the date of its distribution and to the extent of 
the amount due to them. 
Article 79 
The producer of the sound recording shall have the right to have his name 
indicated on the copies of the sound recording. IP/N/l/HUN/C/4 
Page 60 
The Protection of Radio and Television Organizations 
Article 80 
(l) Unless otherwise provided by statute, it shall be subject to the radio or 
television organiiation's authorization that its programme can be 
a) broadcast or communicated to the public by other radio or television 
organizations or by entities concerned with communication by cable to the public; 
b) fixed; 
c) reproduced after fixation, if the fixation was made without its author­
ization, or the fixation was made pursuant to Article 83, Paragraph (2), and the 
reproduction is made for a diff~rent purpose than to which Article 83, Paragraph 
(2) relates. 
(2) Unless othef\vise provided by statute, the television organization's 
authorization shall be required for its programme to be communicated to the 
public in a room where the programme is accessible to the public for the payment 
of an entrance-fee. 
(3) The uses referred to in Paragraphs (1) and (2) shall be subject to the 
payment of remuneration, unless othenvise provided by statute. 
(4) In the case of communication by cable of an own programme to the 
public, [Art. 26 Paragraph (7)J, Paragraphs (1) to (3) shall be enforced as 
applicable. Article 81 IP/N/l/HUN/C/4 
Page 61 
In the case of the uses referred to in Article 80, the radio or television 
organization and the organization communicating by cable its own programme to 
the public shall have the right to have its name indicated. 
The Protection of Film Producers 
Article 82 
Cl) The consent of the film producer [Article 64, Paragraph (3)J shall be 
required for the film to be 
a) reproduced; 
b) distributed, including lending to the public; 
c) made available to the public by cable or any other means or in any other 
manner so that the members of the public can choose the place and time of the 
availability individually. 
(2) Unless otherwise provided by statute, the uses referred to in Paragraph 
(l) shall be subj ect to the payment of remuneration. 
(3) The protection provided pursuant to Article 2 of this Act shall apply, 
mutatis mutandis, to the producer of the film. 
The Relationship Between Authors' Rights and Neighbouring Rights 
Article 83 
(1) The protection of the rights dealt with by this Chapter may not 
prejudice the protection of authors' rights in literary, scientific and art creations. IPINIl!HUN/C/4 
Page 62 
(2) No authorization of the rightholders under neighbouring rights shall be 
required in cases where the author's authorization shall not be required for the 
use of statutorily copyrighted creations. When, under this Act, a remuneration is 
due to the rightholders under neighbouring rights for the use, the provisions in 
subparagraph (4) and in the first sentence of subparagraph (5) of Article 16 on the 
proportional quantity of the remuneration shall also apply to the tightholders 
under neighbouring rights. 
The Term of Protection 
Article 84 
(1) The rights covered by the provisions of this Chapter shall be under 
protection for the following periods of time: 
a) rights in sound recordings and in the performances fixed therein, for 
fifty years from the end of the year in which the sound recording was first put 
into circulation or, if the sound recording was not put into circulation, from the 
end of the year in yvhich the sound recording was made; 
b) rights in unfixed performances, for fifty years from the end of the year 
in \vhich the performance was held: 
c) rights in a broadcast programme or in an O\vn programme communi-
cated by cable to the public, for fifty years from the end of the year in 'which the 
broadcasting or the communication occurred; 
d) rights in films, for fifty years from the end of the year in which the film 
\-vas released for distribution or -if the film was not released during that time -
for fifty years from the end of the year in vvhich the production of the film was 
completed. IPIN/1/HUN/C/4 
Page 63 
(2) In case the communication to the public had occurred previous to the 
release for distribution, the terms referred to in Paragraph (1) shall be counted by 
replacing the year of the first release for distribution by the year of the first 
communication to the public. 
PART FOUR 
THE COLLECTIVE ADMINISTRATION OF RIGHTS 
AND THE CONSEQUENCES OF THE INFRINGEMENT OF RIGHTS 
Chapter Twelve 
The Collective Administration of Authors' Rights and Neighbouring Rights 
The Collective Administration of Rights 
Article 85 
The collective administration of rights shall mean the exercise of authors' 
rights and neighbouring rights related to authorial \'lorks, productions of per­
formers, sound recordings, and programmes broadcast or transmitted by cable as 
well as films which are individually non-exercisable due to the character or 
circumstances of utilization and therefore e:\ercised through organizations of 
rightholders established to this end whether it is legally prescribed or based on 
the resolution of rightholders. 
Registration of the Organizations Concerned with the Collective 
Administration of Rights 
Article 86 
(1) The minister or the head of the organization of national competence 
appointed by the Government (hereinafter referred to as the Minister) shall keep IP/N/l/HUN/C/4 
Page 64 
records of the organizations performing collective administration of rights under 
statutes on authors' rights and neighbouring rights. Only societies (pursuant to 
Articles 61 to 64 of the Civil Code) may be registered as organizations 
performing collective administration of rights. 
(2) Only one society may be registered nation-wide for the collective 
administration of authors' rights and neighbouring rights related to each of the 
following types of work and product: 
a) literary works and musical compositions, 
b) other \"lorks of the fine art, 
c) film productions, 
d) performances, 
e) sound recordings. 
(3) To enforce rightholders' right of autonomy and increase efficiency in 
the administration of rights, the categorization contained in Paragraph 2 may be 
disregarded, and societies established for the collective administration of rights 
but not contained in Paragraph 2 may also be registered, however, only one 
society may be registered for the administration of the same right of the Slime 
group of rightholders. 
Article 87 
(1) The type of right administration provided by the society shall be 
indicated in the register. The disbursement of royalties to other organizations and 
agreements vvith other organizations shall not be effective for the registered 
society and the rightholders ',vith respect to the actual right administration acti"vity IPINIl/HUN/C/4 
Page 65 
and shall not exempt from the legal consequences of the infringement of the 
copyright. 
(2) The entry with respect to the right administration activity performed by 
the registered society may be amended by the Minister under agreement between 
the registered societies in case the conditions of registration continue prevailing 
with all affected societies following the amendment of the right administration 
activities in accordance with the said agreement. 
Article 88 
(1) The records on the societies for the collectiv.e administration of rights 
is open to the registration of a societY 
a) 'vvhich may be joined by all those concerned who so \vish and authorize 
the society to perform the collective administration of their rights and who prove 
eligible for admission according to ~he criteria laid down in the statutes, 
b) which includes as members or is intended to be joined as members by a 
substantial part of the resident rightholders who are affected by the collective 
administration of rights the type of which is specified by the society, 
c) which has a staff in reliance on· \vhich it has the appropriate expertise 
and experience necessary for the collective administration of rights and the 
maintenance of international contacts, 
d) which is equipped for data processing related to the collective adminis-
tration of rights, 
e) which has entered into reciprocal representation agreements \vith 
organizations concerned 'vvith the collective administration of the rights of foreign 
rightholders and are of importance from the aspect of domestic and international IPINI11HUN/C/4 
Page 66 
utilizations, or which possesses a mutual letter of intent on the conclusion of such 
agreements, 
f) the statutes of which include that the society 
1. shall endeavour to collectively admiriister the rights and protect the 
interests of the affected rightholders, in particular exercising and enforcing 
economic rights related to the collective administration of rights in its own name 
before the court and other authorities, 
2. shall keep records of the collectively administered Hungarian and. 
foreign works, neighbouring rights related performances, as well as rightholders, 
3. shall perform the collective administration of rights not as a business 
activity and shall use revenues from complementary activities, if any, only for the 
reduction of its expenditures, 
4. shall cover the expenses of its operation from the administration costs 
deducted by this title from the collected royalties and -if so provided by the 
statutes -from the membership fees it collects, 
5. shall distribute its revenues from collective administration reduced by 
the administration costs among the rightholders according to its rules of 
distribution, irrespective of '\-vhether they are or are not members of the 
organization. 
(2) When establishing whether a substantial part of the rightholders are 
members of the society or \vish to join it, both the rightholders' number and their 
share in royalties are to be taken into account. 
(3) The society shall be considered as equipped for processing the data 
related to the collective administration of rights if it is able to conduct the 
registration of rightholders, collectively administered works, neighbouring rights 
related performances, and different types of utilization in a manner '\-vhich allmvs 
the distribution and disbursement of royalties to the rightholders. IPIN/11ffiJN/C/4 
Page 67 
(4) If several societies request to be registered for the administration of the 
same rights of the same group of rightholders and each of them meets the criteria 
for registration, the society best complying with the criteria in their totality shall 
be regi~tered. 
Article 89 
(1) The procedure of the registration of societies for the collective 
administration of authors' rights and neighbouring rights shall commence upon 
the receipt of relevant applications. 
(2) The documents certifying the fulfilment of registration criteria as 
detailed in Article 88, Paragraph (1), shall accompany the application. The 
documents may contain the personal particulars of only those rightholders who 
are members or wish to be members of the society and consent to making their 
personal particulars public. 
(3) The Minister shall publish the registration m the official gazette 
Magyar Koz16ny. The IvIinister shall insert an announcement containing the 
names of the registered societies and their collective right administration 
activities in Magyar KozlOny. 
(4) The regulations relating to the registration of the societies collectively 
administering authors' rights and neighbouring rights shall be determined in 
detail by the Minister -or the Minister supen'ising the organization of national 
competence -in a decree. IP/N/lfHUN/C/4 
Page 68 
General Provisions of the Collective Administration of Rights 
Article 90 
Cl) The society collectively administering authors' rights and neighbouring 
rights shall regularly determine royalties and other conditions of use, to equally 
apply to all users without unjustified distinction, for each mode of use within the 
scope of the administration of rights the society is entitled to exercise according 
to the registry. 
(2) The determination of royalties and other conditions is subject to the 
Minister's approval. Prior to giving his approval, the Minister shall consult the 
maj or users and their representative organizations. Persons liable to payment 
under Article 21 of this Act and their representative organizations shall qualify as 
such users and organizations regarding the remuneration under Article 21. The 
application of royalties and other conditions and their publishing in the official 
gazette Magyar Kozlony is subject to the existence of such approval. Ho\vever, 
this requirement shall not exclude or affect the enforcement of other legal statutes 
with regard to royalties and other conditions. 
(3) FollO\~ving the Minister's approval. the societv administering rights 
shall publish the royalties and other conditions of use in Magyar KozlOny in its 
ovm name. 
(4) The royalties shall appl?, to each user vlithout unjustified distinction. 
Article 91 
(l) In case a society registered according to Articles 86 to 89 for the 
collective administering rights authorizes use for, or enforces a ro)'alty claim IP /N/l/HUN/C/4 
Page 69 
against, a user, the user shall be entitled to the use of the works or performances 
under neighbouring rights of the same genre produced by rightholders covered by 
the society' collective administration of rights and falling under the collective 
administration of rights, provided the user pays the royalties related to the works 
and performances involved on the same conditions. 
(2) The provisions of Paragraph (1) shall not apply if a rightholder covered 
by the society' collective administration of rights objects beforehand in a written 
statement to the authorization under the collective administration of rights of the 
use of his works or performances under neighbouring rights. The society 
performing the collective administration of rights shall proceed in accordance 
with the written statement if this has been submitted more than three months 
before the end of the calendar year and requested to be in effect not earlier than 
the first day of the following year. However, the rightholder may not object to 
such authorization of the use if the collective administration of rights is ruled by 
law. 
Article 92 
(1) The societies exercising collective administration of rights pursuant to 
registration under Articles 86 to 89 shall enforce claims falling within the 
collective administration of rights before the Court as their own claims and in 
their own names. 
(2) The royalty claims enforced through the collective administration of 
rights and the royalties paid or collected shall be at the disposal of the society 
performing the collective administration of rights pursuant to registration under 
Anicles 86 to 89 until their distribution among the rightholders. IP/N/llHUN/C/4 
Page 70 
(3) In case the collective administration of rights -except for the 
authorization of mechanical reproduction (Article 19) -is required by statute, it 
shall be presumed, until the contrary is proved, that protection is provided for the 
works and the performances under the neighbouring rights used. 
(4) The organization performing the collective administration of rights 
shall, within the scope of the administration of rights it is in charge of, issue a 
written statement on whether protection is provided for the work or the 
performance under neighbouring rights specifically referred to by the user. 
(5) The organization performing the collective administration of rights 
may require in its tariffs as a criterion of eligibility for use t~at the user should 
provide particulars about the works and the performances under neighbouring 
rights used. This provision shall be applicable only to live performances (Item (a) 
of Paragraph (2) of Article 24) in the case of public performances. 
The Supervision of the Collective Administration of Rights 
Artide 93 
(1) Under his obligation to supervise the collective administration of rights 
pursuant to Article 17 of Act II of 1989 on the Right of Association the Minister 
shall control whether the conditions of registration applying to the societies for 
the collective administration of rights are continuously observed and \vhether the 
provisions of the statutes, distribution rules and other internal regulations do not 
contradict the provisions of this Act and other copyright regulations in force. 
(2) The society exercising collective administration of rights pursuant to 
registration under Articles 86 to 89 shall make the follo\ving documents available 
to the Minister to enable him to perform supervision: a) its statutes, 
b) its organizational and operational rules, 
c) its distribution rules, IP /N/11HUN/C/4 
Page 71 
d) the list of its members who have consented to publishing their names 
for such purposes, 
e) the list of its members participating m its administrative and repre-
sentative organizations, 
f) its annual report, 
g) its agreements on reciprocal representation concluded with foreign 
societies performing collective administration of rights. 
(3) Should the Minister find while exercising supervision that the condi­
tions of registration are not met or the regulations referred to in Paragraph 1 are. 
infringed, he shall 
a) summon in writing the administrative and representative organization of 
the society performing collective administration of rights to fully observe the 
conditions of registration and restore operation in accordance with the copyright 
legislation and shall set an appropriate deadline therefor; 
b) contact the Prosecutor's Office for the enforcement of the measures that 
may be taken within the scope of the supervision of the society aimed at the 
observance of legality; 
c) cancel the registration of the society performing collective admin­
istration of rights from the registry and shall publish this action in the official 
gazette 1vlagyar K6zlOny, should the deadline referred to in (a) have passed \vith 
no result achieved or the measure aimed at restoring the obserlance of legality 
have remained or appears to remain ineffective. IPINIlllillN/C/4 
Page 72 
Chapter Thirteen 
The Consequences of the Infringement of Authors' Rights 
Civil Law Consequences 
Article 94 
(1) With his rights infringed, the author may assert vanous c-ivil law 
claims, depending on the circumstances of the case. He may, in particular, claim: 
a) the declaration by the Court of an infringement of right having occurred 
b) the termination of the infringement of right and the injunction of the 
infringer to continue such action; 
c) that the infringer should give satisfaction for his action -by declaration 
or in other appropriate manner -and that in case of need such satisfaction should 
be given due pUblicity on the part and at the cost of the infringer; 
d) that the infringer should provide particulars about those participating in 
the production and distribution of the objects and the supply of the services 
affected by the infringement of rights as well as about the business relations 
established for the unlawful uses; 
e) the restitution of the increase in \',-ealth achieved through the infringe­
ment of right; 
f) the termination of the infringement and the restoration on the part or at 
the cost of the infringer of the state of things as it existed prior to the infringe­
ment of right as well as the destruction of the device or material exclusively or 
primarily used for the infringement of right or making it unsuitable therefor. IPINIl/HUN/C/4 
Page 73 
(2) Damages shall be paid according to the provIsIOns of civil law 
responsibility in the case of the infringement of authors' rights. Damages shall 
also be paid if the author's moral rights are infringed. 
(3) In lawsuits instituted on grounds of the infringement of authors' rights 
the provisional measure shall be taken as needed if the applicant gives evidence 
of the work being under copyright protection and of he being the author, the 
successor in title of the author, or the user of the work or the organization 
perfonning the collective administration of authors' rights who/which is entitled 
to take action against the infringement -of right on hi slits oWn behalf. 
. 
(4) The provision of Paragraph (3) shall not be applicable if six months 
have passed from the beginning of the infringemenfofthe author's right or sixty 
days have passed from the date when the infringement of right or the person of 
the infringer has become knO\-vn to the applicant. 
(5) The Court shall take decision on the institution of provisional measures 
with special promptness or within fifteen days at latest from the submission of the 
application to that end. 
(6) In case one party has provided sufficient evidence in a lawsuit 
instituted on grounds of the infringement of the authors' right, at his request the 
Court may order the other party to present the document or other material proof 
he is in possession of as well as to permit an inspection. 
(7) In lavvsuits instituted on grounds of the infringement of the authors' 
right, the Court may make preliminary directions for evidence subject to 
providing a security. IP/N/l/HUN/C/4 
Page 74 
Protection Against the Circumvention of Technological Measures 
Article 95 
(1) The consequences of the infringement of the copyright shall apply to 
all acts -including the production and distribution of devices and the provision 
of services -which enable or facilitate an unlawful circumvention of effective 
technological measures designed to provide protection for the copyright and 
which have no particular aim or no major economic significance other than the 
mere circumvention of the technological measure. This provision shall be 
applicable only if the person perfonning the acts referred to knows, or with the 
care expected to obtain in the given situation has reasonable grounds to know, 
that the acts unlawfully enable or facilitate the circumvention of the effective 
technological measure designed to provide protection for the copyright. 
(2) For purposes of the prov'ision of Paragraph (1), technological measures 
shall mean all devices, products, components. procedures and methods \vhich are 
de~igned to prevent or hinder the infringement of the copyright. A technological 
measure shall be considered effective if as a result of its execution the work 
becomes accessible to the user through performing such actions -with the 
authorization of the author -as require the application of the procedure or the 
supply of the code necessary therefor. The Protection of the Rights Management Data 
Article 96 IPINIl/HUN/C/4 
Page 75 
(1) The consequences of the infringement of the copyright shall apply to 
the unauthorized removal or alteration of the rights management data as well as 
to the unauthorized distribution, importation for distribution, broadcasting or 
communication to the public in a different manner of works from which the right 
management data have been removed or on which such data have been altered 
without authority, supposing that the person performing any of the acts referred 
to knows, or with the care expected to obtain in the given situation has reasonable 
grounds to know, that the acts unlawfully enable or facilitate the infringement of 
the copyright or induce others to commit such infringement. 
(2) Rights management data shall mean all particulars provided by the 
rightholders which identify the work, the author of the work, the owner of any 
right in the work, or inform about the terms and conditions of the use of the work, 
including any numbers or codes that represent such information, when such data 
are attached to a copy of the vvork or are made perceptible in connection with the 
communication of the work to the public. 
The Customs Law Consequences of the Infringement of Authors Rights 
Article 97 
In the case of the infringement of the authors' right the author may, with 
reference to the provisions of a special statute, require the customs authorities to 
take measures for preventing the dutiable goods affected by the infringement of 
rights from being put into domestic circulation. IPINI1 IHUN/C/4 
Page 76 
The Consequences in Case of a Licensing Contract 
Article 98 
(1) In the case of the infringement of the authors' right the exclusive 
licensee (Art. 43 (1) ) may call the author to take the necessary measures to stop 
the infringement. The licensee is entitled to initiate such a legal action in his or 
her own name, when the author fails to take the measures within 30 days of the 
notification. 
(2) In the case of a non-exclusive license the licensee is entitled to initiate 
a legal action under subparagraph (1) only on express authorization given in the 
licensing agreement. 
The Consequences of the Infringement of th"e Neighbouring Rights 
Article 99 
The provisions of Articles 94 to 97 shall apply, mutatis mutandis, to cases 
of the infringement of the provisions of Chapter XI and to the protection of the 
technological measures and rights management data provided for in that Chapter. 
PART FIVE 
MISCELLANEOUS AND FINAL PROVISIONS 
Chapter Fourteen 
Payment of Contribution After the Expiration of the Term of Protection 
Article 100 
(1) After the expiration of the term of protection of the author's economic 
rights, a contribution must be paid at the transfer, through a business entity IPINIl/HUN/C/4 
Page 77 
engaged in commercial activity, of the right of ownership of original fine art and 
applied art creations. 
(2) The provisions of Article 70 shall apply, mutatis mutandis, to the 
determination of the scope of original fine art and applied art creations, the 
person obliged to pay the contribution, the size, collection and transfer of the 
contribution, as well as the cases of exemption from the payment of the 
contribution, with the understanding that the organization performing the 
collective administration of rights shall use the contributions remitted to it for 
purposes of supporting the creative activity and the social welfare of performers. 
(3) The organization performing the collective administration of rights 
shall be obliged to record and administer under a separate head the amount 
collected as contributions. 
(4) The organization performing the collective administration of rights 
shall annually inform the public on the amount of the contribution, and on the 
uses thereof by means of the official gazette of the ministry (organization of 
national competence) headed by the minister referred to in Article 86. 
Chapter Fifteen 
Organizations Co-operating in the Settlement of Copyright Related Legal 
Disputes 
Body of Experts in Copyright 
Article 101 
(1) Concerning specific issues arising in copyright related legal disputes 
the courts of justice and other authorities may consult the body of experts IPINI1 IHUN/C/4 
Page 78 
attached to the Hungarian Patent Office requesting them to give their opinions. 
The members of the body shall be appointed for a five years' tenn by the minister 
of justice in agreement with the minister of national cultural heritage. 
(2) The Body shall set up a three-or five-member panel to fonnulate its 
advisory opinion by majority. 
(3) Upon request, the Body may gIve advisory OpInIOnS also in extra­
judicial procedures on issues connected with the exercise of the right of use. 
(4) The detailed rules of the body's organization and operations shall be 
established by a special statute. 
Arbitration Board 
Article 102 
In case no agreement on remuneration and other terms and conditions of 
uses is reached between the user and the rightholders or the organization 
perfonning the collective administration of their rights in connection with the 
simultaneous and unaltered retransmission to the public of the broadcast \vork 
\\"ith the involvement of another organization than the original one, either party 
may contact the arbitration board set up pursuant to Article 103. 
Article 103 
Cl) The provisions of Chapter II of Act LXXI of 199"4 on Arbitration shall 
apply to the setting up of the arbitration board on the understanding that the 
members of the arbitration board shall be appointed from among the members of 
the Body of Experts in Copyright (Article 101). IPINI1 IHUN/C/4 
Page 79 
(2) The Arbitration Board shall operate within the Body of Experts ID 
Copyright. 
Article 104 
(1) The proceedings of the Arbitration Board shall be aimed at promoting 
the establishment of an agreement between the parties. The proceedings of the 
Board shaH not prejudice the applicability of the provisions of Article 90, 
Paragraph (2). 
(2) In case no agreement is established between the parties, the Arbitration 
Board shall draft a proposal concerning the contents of the agreement which it 
makes known to the parties in writing. 
(3) The parties may accept the agreement expressly or tacitly. If no 
objection is made by the parties to the Arbitration Board with regard to the 
.proposal for agreement yvithin three months from the date of its delivery, a case 
of tacit understanding obtains. 
(4) In case the Arbitration Board has proceeded by infringing the 
provisions of Article 105, the party having sustained injury may bring an action 
before the Court against the agreement established by the decision of the 
Arbitration Board I-vithin three months from its entry into force. 
Article 105 
(1) Equal treatment shall be given to the parties during the proceedings of 
the Arbitration Board and either parry shall have the possibility to present his IP/N/llHUN/C/4 
Page 80 
position. The Arbitration Board may not oblige the parties to get involved in the 
proceedings and carry out acts of proceedings unless the parties have agreed 
thereto. As regards other matters, the Arbitration Board shall itself establish its 
rules of proceedings -within the frameworks of the statutes referred to in 
Paragraph (2) -and determine its tariffs. 
(2) The statutes of the Arbitration Board shall be elaborated by the Body 
of Experts in Copyright and approved by the minister of justice. Prior to the 
approval, the minister supervising the Hungarian Patent Office and the minister 
of national cultural heritage have to be consulted as regards their opinions. 
Chapter Sixteen 
Final Provisions 
Other Rightholders Under the Authors' Right 
Article 106 
Cl) "Wherever author is mentioned in this Act, the successor in title of the 
author and other rightholders under the copyright shall be understood to be, 
mutatis mutandis, included. 
(2) In case the legacy of a deceased person includes copyright, the notary 
public shall notify on the institution of the execution of the will the organization 
. performing the collective administration of rights related to the works of the 
deceased person. If the affected organization performing the collective adminis­
tration of rights cannot be identified or the works do not fall '.-vithin the scope of 
collective administration of rights, the notification shall be addressed to the 
organization performing the collective administration of rights related to literary 
and musical works. IPIN/1/HUN/C/4 
Page 81 
(3) In appropriate consideration of the provision of Paragraph (2), the 
notary public shall send a copy of the abridged certificate of inheritance and the 
Court a copy of the abridged definitive judgement to the affected organization 
performing the collective administration of rights notifying it of the transfer to 
the heir of the copyright forming part of the legacy. 
(4) The rules relating to certificates of inheritance and definitive judge­
ments shall apply to the abridged certificate of inheritanc~. and abridged definitive 
judgement on the understanding that they may only include particulars of the 
transfer to the heir of the copyright forming part of the legacy. 
(5) The abridged certificate of inheritance and abridged definitive judge­
ment referred to in Paragraph (3) shall include, over and above what is ruled by 
the provision of Paragraph (4), the indication "abridged" as well as the purpose 
for which they can be used. 
(6) The provision of Paragraph (5) shall be taken as a basis for proceed­
ings also when the certificate would not include any other provision than "vhat is 
ruled by Paragraph (4). 
(7) The affected organization for the collective administration of rights is 
obliged to keep records on the heirs and to provide there from data to the users in 
consideration of the legal rules relating to the protection of personal particulars. 
(8) The provisions of Paragraphs (1) to (7) shall apply, mutatis mutandis, 
to performers and to the rights ofperfonners. IPINIl/HUN/C/4 
Page 82 
Provisions Relating to the Entry Into Force of the Act and Determining the 
Transitory Provisions 
Article 107 
(1) This Act shall enter into force on September 1, 1999; its provisions 
shall apply to the contracts for use concluded after its entry into force. 
(2) The provisions of Article 21 of this Act and the provisions in Article 
22 related to the devices used for reprography shall apply after the September 1, 
2000. 
(3) The provisions established by Paragraphs (1) and (2) of Article III 
shall apply to the pr_oceedings of execution instituted following the entry into 
force of this Act. . 
Article 108 
Cl) The provisions of Article 31 shall, among others, apply to the works 
whose term of protection calculated according to the provisions previously in 
force had expired before the entry into force of Act VII of 1994 on the 
amendment of specific legal rules reiating to copyright and the protection of 
industriallavv. 
(2) The rights determined by this Act shall be due to performers, the 
producers of sound recordings, the radio and television organizations and those 
transmitting by cable their own programmes to the public even if the twenty 
years' term -relating to them -calculated from the end of the year referred to by 
Article 84 had expired by the time of the entry into force of Act VII of 1994. JPINIl/HUN/C/4 
Page 83 
(3) In case the term of protection relating to the authors' economic rights 
and the neighbouring rights related to the copyright had expired by the time of the 
entry into force of Act VII of 1994, the uses performed in the period between the 
expiration and the time of the entry into force of this Act shall be rated as free 
uses, irrespective of whether these rights will again, or will not, fall under 
protection following the entry into force of this Act. 
(4) The uses referred to in Paragraph (3) will be possible to be continued 
-in the case of sound recordings regarding copies manufactured before the entry 
into force -for one year more following the entry into force of this Act, but only 
to the extent existing at the time of the entry into force. The right of such uses 
performed within the framework of economic activity may be transferred only 
jointly ,\-'lith the authorized economic organization or its organizational unit 
performing the use. An equitable remuneration shall be due to the rightholder on 
any use performed even after the entry into force of this Act. 
(5) The provisions of Paragraph (4) shall be applied as appropriate even if 
definite preparations have been made towards the use before the date of the 
promulgation of this Act, on the understanding that in this case the use may be 
begun and carried on to the extent of the preparation that existed at the 
promulgation of this Act. 
(6) The alteration, adaptation or translation performed in the period of time 
referred to in Paragraph (3) shall be regarded as if it had been performed with the 
authorization of the author. 
(7) On the use after the entry mto force of this Act of the alteration, 
adaptation or translation referred to in Paragraph (6) an equitable remuneration 
shall be due to the rightholder \-vho holds copyright in the \-vork serving as a basis 
for the action mentioned. IPINIlIHUN/C/4 
Page 84 
(8) Any debates concerning remuneration considered- as due on the basis of 
the provlsIOns of Paragraphs (3) and (7) shall be settled through judicial 
procedure. 
(9) The right of use acquired through a contract for use concluded prior to 
the entry into force of Act VII of 1994 for the full term of protection or for an 
indefinite period of time shall be due to the user -under the terms and conditions 
of the contract for use -after the entry into force of this Act, if the copyright or 
the neighbouring right related to the copyright falls agam under protection 
pursuant to this Act. 
Article 109 
The provision of Paragraph (6) of Article 31 shall be applied in case it 
does not result in shortening of the term of protection calculated according the 
provisions previously in effect. The provision of Paragraph (6) of Article 31 shall 
be applied also to cinematographic creations of which the term of protection had 
already expired before the entry into force of this Act. The provisions of 
Paragraphs (3) to (9) of Article 108 shalL mutatis mutandis. apply in this case, 
too, on the understanding that the entry into force of this Act shall replace the 
entry into force of Act VII of 1994. 
Provisions Losing Their Effect 
Article 110 
(1) Simultaneously \vith the entry into force of this Act, the follm;ving Acts 
and Decrees shall lose effect: IP /N/l/HUN/C/4 
Page 85 
a) Act IU of 1969 on Copyright and Law-Decree 27 of 1978, Articles 13 to 
19 and Article 29 of Act VII of 1994, Act LXXII of 1994, Article 151 and Item 
(e) of Article 161 of Act I of 1996, and Items (b) and (c) of Article 120 of Act XI 
of 1997; 
b) The second sentence of Paragraph (2) of Article 117, Paragraph (4) of 
Article l39, Article 151 and subparagraph e) of Article 161 of Act I of 1996 on 
radio and television broadcasting; 
c) Government Decree 14611996. (IX. 19.) on the collective administration 
of copyright and neighbouring rights and Government Decree 23911997. (XII. 
18.) amending it; 
d) Decree 911969. (XII. 29.) MM on the implementation of the Copyright 
Act and the Decrees 411978. (XII. 7.) KM and 1511982. (IX. 20.) MM modifying 
and amending it, as well as Decree 1511983. (VII. 12.) MM, Decree 1811988. 
(VIII. 24.) MM, Decree 611992. (IV. 8.) MKM, Article 2 of Decree 1211992. 
(VII. 29.) MKM, Subparagraph a) Paragraph 2 of Article 33 of Decree 8/1994. 
(IV. 26.) MKM, Decree 24/1994. (XII. 28.) MICM. 
e) Decree 111970. (III. 20.) N.U'vl on the terms and conditions of contracts 
for publishing and on royalties, and the decrees amending it, namely Decree 
211980. (IX. 15.) lvfM, Decree 1311982. (X. 18.) MM, Decree 2111984. (XII. 28.) 
MM, Decree 1411985. (XII. 22.) MM, Decree 1511987. (VIII. 9.), and Decree 
1911996. (XII. 26.) MKM; 
f) Decree 211970. (HI. 20.) MM on the terms and conditions of the 
contracts for the use of dramatic works, and Decree 7/1992. (IV. 8.) :MJ(j\1 
amending it; IPINIllHUN/C/4 
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g) Decree 311970. (HI. 20.) :tv:Th1 on the contracts for the composition of 
musical works and their first public performance; 
h) Decree 511970. (VI. 12.) :tv:Th1 on the terms and conditions of the 
contracts for use by the Hungarian Radio and Television and on royalties, and the 
decrees amending it, namely Decree 1511985. (XII. 28.) MM, Decree 1611988. 
(VIII. 11.) MM, Decree 1311992. (VIII. 26.) MKM, and Decree 2311994. (XII. 
26.) lv1KM; 
i) Decree 411988. (H. 12.) :tv:Th1 amending the provISIOns relating to 
remuneration under the various contracts for use; 
j) Decree 611970. (VI. 24.) MM on the terms and conditions of the 
contracts for the use of applied graphic works and on royalties; 
k) Decree 711970. (VI. 24.) MM on the terms and conditions of the 
contracts' for the use of small sculpture, medals and plaques and on royalties; 
1) Decree 811970. (VI. 24.) MM on the terms and conditions of The 
contracts for the use of artistic photographs and on royalties; 
m) Decree 911970. (VI. 25.) MM on the terms and conditions of the 
contracts for the use of applied art and industrial design creations and on 
royalties, and Decree 1411989. (V. 13.) MM amending it; 
n) Decree 1011970. (VI. 25.) :tv:Th1 on the terms and conditions of the 
contracts for the use of scenic graphic creations and on royalties; IP /N/l/HUN/C/4 
Page 87 
0) Non-numbered Paragraphs 4 to 9 of Article 11 of Decree 1611982. (XII. 
29.) MM on the implementation of Decree 8311982. (XII. 29.) MT on the 
regulation of various issues relating to fine arts and applied art; 
p) Decree 1211970. (VI. 30.) MM on the terms and conditions of the 
contracts for the adaptation to the screen and on royalties, and Decree 2/1983. 
(Ill. 23.) MM amending it; 
r) Decree 611972. (VIII. 19.) on the terms and conditions of the contracts 
for the publication of musical works, other contracts connected with the 
publication of musical works, and on remunerations due to authors and on other 
activities. 
Provisions Amended 
Article 111 
(1) The following subtitle and Article 1841 A shall be inserted in Act (Vht.) 
LIII 0 f 1994 on judi cial executi on: 
"Execution of the decision passed in a lawsuit instituted by reason of the 
infringement of intellectual property rights 
Article 1841 A (1) In case the decision of the Court passed in lawsuits on 
acts of infringement of the patent, infringement of the protection of a registered 
design, infringement of the protection relating to the· topography of a 
microelectronic semiconductor product, fraudulent imitation of trademark, 
infringement of the protection of an industrial design, infringement of the 
provisions on the prohibition of unfair competition, or infringement of the 
copyright, in its executory deed the Court summons the obligor to voluntarily IPIN/l/HUN/C/4 
Page 88 
execute the decision with the deadline set at the end of a three days' period. In 
case the act involved relates to the transfer or delivery of movable effects, the 
Court summons the obligor to execute the decision with immediate effect. 
(2) The executor shall forward the executory deed, vvith no delay upon its 
receipt, to the solicitor of the execution, simultaneously summoning him to make 
with no delay an advance payment of the costs of the proceeding of execution. In 
the case of the execution of a temporary measure, the executor shall be entitled to 
receive by advance payment, at the beginning of the proceeding, the amount of 
the full cost of execution and of the disbursements and fees liable to arise or a 
lump-sum expected to cover the latter.. 
(3) Upon receipt of the advance payment, the executor shall with no delay 
deliver the executory deed to the obligor on the spot and shall summon him to 
perform the execution. Should the obligor not act immediately upon the 
executor's summons, the executor shall control on the spot the occurrence of the 
execution at the expiry of the deadline for the execution. 
(4) Should the execution fail to be performed, the executor shall submit 
with no delay the minutes dravvn up on the control on the spot to the Court having 
ruled the execution, which shall with special promptness take decision pursuant 
to Articles 174 to 177 on the method of execution. 
(5) The court can impose a fine up to 500.000 Hungarian Forints on the 
obligor during the execution of the decisions passed in the lav/suits defined in 
Paragraph 1. based on Subparagraph c) of Article 174. In case of non-payment, 
the amount of the fine increases by the double of the prime rate from the date of 
the time of performance on. JP IN/1/HUN/C/4 
Page 89 
(6) In case the execution provided under this title implies the surrender, 
delivery or distraint of specific movable effects, upon delivery of the executory 
deed the executor shall distrain upon the movable effects and make arrangement 
for their forwarding to the person named in the decision. In case the obligor 
refuses to surrender or deliver the movable effects or prevents their distraint, the 
executor shall carry out the execution with the direct involvement of the police. 
(7) In case the Court rules the sale of the effects and materials distrained 
upon pursuant to the rules of judicial execution, the executor shall act according 
to the rules governing the auction of movable effects on the understanding that no 
evidence shall be admissible regarding the return of the movable effects to the 
obligor as provided by Paragraphs (1) and (2) of Article 135. 
(8) In case the decision passed in the lawsuit referred to in Paragraph (l) 
rules exclusively money payment, the decision shall be executed according to the 
rules relating to the execution of pecuniary claims." 
(2) Paragraph (4) of Article 190 ofVht. shall be replaced by the following 
proVlslOn: 
"( 4) Upon receipt of the decision ruling the insurance measure the 
executor shall vvithout delay summon the solicitor of execution to make an 
advance payment at short notice and upon receipt of the advance payment he 
shall without delay initiat~ the execution of the insurance measure. In the case of 
the execution of an insurance measure, the executor shall be entitled to receive by 
advance payment, at the beginning of the proceeding, the amount of the full cost 
of execution and of the disbursements and fees liable to arise or a lump-sum 
expected to cover the latter." JP /N/l/HUN/C/4 
Page 90 
(3) The following sentence shall be inserted, as second sentence, in 
Paragraph (7) of Article 75 of Act I of 1996 on radio and television broadcasting: 
"This provision shall not prejudice the application of copyright statutes, 
except for the entitlements due under the neighbouring rights to the Hungarian 
Radio Organization, the Hungarian Television Organization and the Duna 
Television Organization." 
(4) The following Paragraph (7) shall be added to Article 7 8 of Act I of 
1996 on radio and television broadcasting: 
. "(7) In the case of the supply of programmes as determined in Paragraph 
(1] of Article 117, the administrator of the Fund, instead of the operator, shall pay 
from the Fund the remunerations due on the basis of copyright statutes." 
Authorizations 
Article 112 
(1) The Government shall be authorized to determine -taking into account 
the opinion of the representative organisations concerned -by a decree the range 
of the devi ces used for purposes of reprography. 
(2) The Government shall be authorized to determine by a decree the 
detailed rules of the organrzatlOn and operation of the Body of Experts in 
Copyright. 
(3) The minister of national cultural heritage shall be authorized to 
determine bv a decree the detailed rules £overning the records on the societies 
J ~ ~ IPINIl/HUN/C/4 
Page 91 
concerned with the collective administration of authors' rights and neighbouring 
rights. 
Approximation of the Legislation of the European Communities 
Article 113 
This Act contains provisions harmonizing with Article 3 of Act I of 1994 
promulgating the Europe Agreement on the establishment of an association 
between the Republic of Hungary and the European Communities and their 
Member States signed in Brussels on December 16, 1991, and compatible with 
the following legal rules of the European Communities: . 
a) Council Directive 91/250fEEC on the regal protection of computer 
programs; 
b) Council Directive 9211 OOfEEC on rental right and lending right and on 
certain rights related to copyright in the field of intellectual property; 
c) Council Directive, 93/83fEEC on the coordination of certain rules 
concerning copyright and rights related to copyright applicable to satellite 
broadcasting and cable retransmission; 
d) Council Directive 93i98/EEC harmonizing the term of protection of 
copyright and certain related rights; 
e) Directive 96/9fEC of the European Parliament and and of the Council 
on the legal protection of databases.