WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO I)l~/l/~/(;/2 
17 March 1997 
(97-1072) 
(;ouncil for Trade-Related Aspects 
of Intellectual Jlroperty Rights Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Hungary 
The present document reproduces' the text of the Decree of the Minister of Culture, No. 9 
of 1969 on the implementation of Law No. III of 1969, as amended by Decree No. 24/1994, as notified 
by Hungary under Article 63.2 of the Agreement (see document IP/N/lIHUN/lIRev.1). 
(;onseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTA TIONS CONSACREES 
A LA PROPRIETE INTELLECTUELLE NOTIFIEES 
AU TITRE DE L'ARTICLE 63:2 DE L'ACCORD 
Hongrie 
Le present document contient le texte' du Decret n· 9 de 1969 du Ministre de la culture relatif 
a I' application de la Loi n· III de 1969, modifie par le Decret n· 24/1994, notifie par la Hongrie au 
titre de I'article 63:2 de I' Accord (voir le document IP/N/lIHUN/lIRev.1). 
(;onsejo de los Aspectos de los Derechos de Jlropiedad 
Intelectual relacionados con el (;omercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTICULO 63 DEL ACUERDO 
Hungria 
En el presente documento se reproduce' el texto del Decreto del Ministerio de Cultura N° 9 
de 1969, sobre la aplicacion de la Ley N° III de 1969, modificada por el Decreto N° 24 de 1994, 
que Hungria ha notificado en virtud de 10 dispuesto en el parrafo 2 del articulo 63 del Acuerdo (vease 
el documento IP/N/lIHUN/lIRev.1). 
'English only/anglais seulementiingles solamente. IP/NI1 IHUN/C/2 
Page 2 
INDUSTRIAL PROPERTY 
AND COPYRIGHT -JULYIAUGUST 1996 COPYRIGHT AND NEIGHBORING RIGHTS 
LA WS AND TREATIES 
(This text replaces the one prel'iously published under code number 1-01, which number 1I01V refers 10 ACI No. !l1 of 1969011 Copyright. as 
amended.) 
HUNGARY 
Decree No. 9/1969. (XII.29.) MM Implementing Act No. III of 1969 on Copyright* 
(as last amended by Decree No. 24/1994. (XII.2S.) MKM) 
Art. 1._(1)1 All literary, scientific and artistic 
works-whether or not specified by Act No. IlI-sh.all 
enjoy the protection under Act No. Ill. in particular: 
-literary works (of science, fiction, trade, journal­
ism. etc.). 
speeches delivered in public. 
dramatic works. dramatico-musical works. cho­
reographic works or entertainment in dumb show. 
musical works with or without words. 
radio and television plays. 
cinematographic works. 
drawings, paintings. sculpture, engravings. works 
reproduced by lithography or printing and draw­
ings therefor; 
works of architecture, building complexes and 
town planning projects. 
designs for engineering structures, 
works of applied art and drawings therefor; 
costume and scenery designs, 
drawings for works of industrial dcsign, 
artistic photographs. 
computer programs and related documentation 
(hereinafter: software). 
(2) Copyright protection shall be independent of any 
other protection available for specific works (e.g., inno­
vations, inventions. trademarks. industrial designs) un­
der other legislation and in accordance with other 
provisions and shall not prejudice the scope of such spe­
cial provisions. 
(3)2 Copyright protection shall not extend to 
measures or draft measures taken and enforced in any 
form in the course of the administrative activities form­
ing part of the scope of the tasks or activities of eco­
nomic organizations and of legal entities other than 
economic organizations. 
HU * Entry into force (of last amending Decree): January I, 
1995. 
Source: Translation by the International Bureau of WIPO 
on the basis of an English translation communicated by the 
Hungarian authorities. 
Note: For the text of Act No. III of 1969 on Copyright, as 
amended, see Copyright and Neigh/wring Rights Laws and 
Treaties, HUNGARY-Text 1-01. 
I Amended by Decree No. 15/1983. (YII.l2.) MM, Art. I. 
2 Amended by Decree No. 24/1994. (XIl.28.), Art. I. In 
force from January I, t995. Art. 2.3 The jurisdiction of courts acting in copyright 
matters shall not be affected by the fact that a dispute 
arises in connection with a work created under an em­
ployment relationship. 
Art. 3.-(1) The name of the author of the original 
work shall be mentioned on an altered, adapted or trans­
lated work. 
(2) A word-for-word. rough translation of a work 
shall not be eligible for copyright protection. 
(3)4 Article 4(2) of Act No. III shall apply to the tran­
scription of software from its original language to a dif­
ferent programming language. 
Art. 3A.s A joint work shall be deemed to consist of 
independent parts if such parts can be separated from one 
another and can be used (displayed, published. etc.) in­
dependently. 
Art. 38.6 Article 5(3) of Act No. III shall also apply to 
databases operated by computer devices. 
Art. 4.-(1) An author wishing to remain unknown 
may notify in writing the Hungarian Bureau for the Pro­
tection of Authors' Rights of the assumed name he wish­
es to use in disclosing his work and of the works he has 
disclosed anonymously. The Hungarian Bureau for the 
Protection of Authors' Rights shall keep a register of 
such notifications. the particulars in which may be dis­
closed by the Bureau only at the request of the author or 
his heir or at the request of a court or other authority. 
Such court or other authority shall be required to treat the 
particulars provided by the Bureau confidentially. 
(2) The Hungarian Bureau for the Protection of 
Authors' Rights shall be entitled to take action on behalf 
of the pseudonymous author of a work not disclosed 
through publication.7 
3 Amended by Decree No. 24/1994. (XII.28.), Art. 2. In 
force from January I, 1995. 
4 Inserted by Decree No. 18/1988. (VIll.24.) MM, Art. I. 
5 Inserted by Decree No. 411978. (XIl.?) KM, Art. I. 
6 Inserted by Decree No. 18/1988. (VII.24.) MM, Art. 2. 
7 Sec Decree No. 106/1952. (XII.3I.) MT. 
HUNGARY -Text 1-02, page 001 INDUSTRIAL PROPERTY 
AND COPYRIGHT -JULY/AUGUST 1996 
Art. 5.-(1) If not otherwise provided, the conclusion 
of a contract for use shall imply the author's consent to 
provision by the user of information on the contents of 
the work to the public. 
(2) If a work becomes known after the author's death, 
it shall be presumed-failing other declaration by the 
author or his successor in title-that the author intended 
his work to be disclosed to the public. 
Art. 6.-( I) Any communication in relation to a work 
(posters, newspapers, programs, films, radio, televi'sion, 
etc.) shall be treated in the same way as a review; the 
author of the work shall be named in such communica­
tion, as appropriate to the nature of the communication. 
(2) An author may request, in the event of a new 
authorized exploitation of a work disclosed under his 
name, that his work be used subsequently without men­
tion of his name. 
Art. 7.-(1) Use shall be deemed unlawful, in particu­
lar, if no statutory license has been granted or no authori­
zation has been given by the person entitled to grant 
exploitation licenses or if the user exploits the work be­
yond the limits of the license, i.e. in a broader range, in a 
larger number of copies, etc., than agreed to. A change, 
not agreed to by the author, in the design of an architec­
tural work or engineering structure such that the appear­
ance, intended use or operation of sueh work is affeeted 
shall also be deemed an unauthorized alteration. 
(2) A user shall be required to notify the author or his 
successor in title on request of the mode or extent of use. 
Art. 8.8 The withdrawal of an authorization or the 
prohibition of further use of a work already disclosed 
shall require by a written declaration giving good reason, 
therefor. 
Art. 9.-(1) The provisions of Act No. III relating to 
the author's moral rights shall not prejudice or prevent 
the application of the general rules of the Civil Code af­
fording legal protection to personal rights.9 
(2)10 After the expiration of the term of protection, the 
Hungarian Bureau for the Protection of Authors' Rights 
and the competent representative organizations may take 
actions to protect the moral rights of the deceased author. 
Art. 10.-(1) For the purposes of Act No. III, use shall 
be deemed to mean an act whereby the work or part of it 
R Amended by Act No. VII of 1994, Art. 19( c). 
9 See Act No. IV of 1959, Arts. 75 to 87. 
10 Amended by Decree No. 12/1992. (VII.29.) MKM, 
Art. 2. In force from October I, 1992. 
HUNGARY -Text 1-02, page 002 IP/NI1 IHUN/C/2 
Page 3 
COPYRIGHT AND NEIGHBORING RIGHTS 
LAWS AND TREATIES 
is communicated to the public. This shall also apply to 
alterations, adaptations and translations. ' 
(2)11 The remuneration due to an unknown author or 
to an author (his heir) whose place of residence is un­
known shall be paid by the user to the Hungarian Bureau 
for the Protection of Authors' Rights or, in the case of a 
work of fine art, applied art, photography or industrial 
design, to the Public Foundation of Hungarian Creative 
Arts. The sums paid shall be transferred to the right hold­
er at his request within the period determined by the 
Civil Code.J2 Unpaid remuneration shall be used to sup­
port culture and the welfare of authors. 
Art. 11.-(1) In the event of a dispute as to whether the 
creation of a work is the author's duty under his employ­
ment relationships, a decision shall take into consider­
ation the contract of employment and the instructions 
given to the author in relation to his duties. The employer 
shall lay down and define in writing-either in the con­
tract of employment or in some other form-the responsi­
bility of the author under his employment relationship 
and also as the scope of the right to use belonging to the 
employer. 
(2) The employer may refuse, giving good reasons, to 
approve the use of the work outside his field of activity if 
such use is liable to prejudice or jeopardize his legiti­
mate interests. 
(3) If the right to use a work belongs to the employer, 
but the author makes a declaration of withdrawal of his 
work, the employer may not mention the name of the 
author. The author may also require that his name not be 
mentioned if the employer avails himself of his right of 
disposal under the contract of employment and effects an 
alteration to the work to which the author does not give 
his consent. 
(4) Termination of employment relationships shall 
not prejudice the rights the employer may exercise under 
Article 14 of Act No. Ill. 
(5)13 The employer shall be entitled to use a software 
product for his own purposes and to include such product 
in a program library. 
Art. 12.-(1) 14 If the employer exercises his right to 
use under Article 14 of Act No. III and concludes a con­
tract for use with a third party regarding the work, be­
tween 60 and 80 percent of the amount of the 
remuneration, or between 10 and 30 percent thereof in 
11 Amended by Decree No. 12/1992. (VIl.19.) MKM, 
Art. 2. (2). 
12 See Act No. IV of 1959, Arts. 324 to 327. 
13 Inserted by Decree No. 18/1988. (VIIJ.24.) MM, Art. 3. 
14 Amended by Decree No. 15/1983. (VII.12.) MM, Art. 2. 
HU IP/N/1/HUNIC/2 
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INDUSTRIAL PROPERTY 
A.ND COPYRIGHT -JULYIAUGUST 1996 
the case of software, to be determined by the employer, 
shall be due to the author, and shall be paid to him by the 
employer within eight days from the date of collection of 
th~ royalty. Where software is involved, the deadline for 
such payment may be determined otherwise by the em­
ployer-in the contract of employment or in any other 
manner-or may be made subject to conditions. If a con­
tract for use concluded with a third party with respect to 
the work falls within the employer's field of activity, the 
employer may determine the remuneration due to the au~ 
thor-taking into consideration the expenses connected 
with the creation of the work-at a rate lower than 60 per­
cent of the royalty or lower than 10 percent in the case of 
software. 
(2) When the right to use the work created in the 
course of employment is exercised by the author-whether 
with the approval of the employer or following termi­
natian of use by the employer-the full amount of the 
remuneration shall be due to the author. 
Art, 13,-( I) The year of the first disclosure for a work 
disclosed in parts shall be computed part by part, unless 
the contents of the work are coherent to an extent which 
justifies computing the term from the year the final part 
was disclosed. 
(2) The first showing of a film in public shall be 
deemed the first showing, whether it occurs in the coun­
try of creation or not. 
Art. 13A.15 [Repealed] 
Art. 14.-(1)16 Textbooks, manuals, notes and educa­
tional aids (e.g., audiovisual aids) prepared for education 
in accordance with the curricula designed for use in 
kindergartens, primary schools, secondary schools, vo­
cational schools, specialized schools, primary education 
in arts, as well as higher-level educational establish­
ments governed by the law on higher education shall be 
deemed to serve the purposes of school education. 
(2) The inclusion of a disclosed work, in anolher 
work to an extent that exceeds quotation (Article 17( I) of 
Act No. Ill) shall be deemed reproduction. 
HU Art. J4A.17 [Repealed] 
;5 Repealed by Resolulion No. 14/1994. (111.10.) AB, 
Decree No. 24/1994. (XII. ~8.) ~lK~l, Art. 12. Invalid from 
December 31.1994. 
16 Amended by Decree )io. ~4/1994. (XII.28.) MKM, 
Art. 3. In force from January I, 1995. 
17 Repealed by Ac( No. VII of 1994, Art. 19«('). Invalid 
from July I, 1994. COPYRIGHT AND NEIGHBORING RIGHTS 
LA WS AND TREATIES 
Art. J 5.18 The television organizations' right of free 
use shall not extend to works made for purposes of back­
ground setting or costume. 
Art. 16. A broadcast which provides information on 
or a presentation of a specific event related to a given 
date and makes only incidental use, within the frame­
work of that broadcast, of minor parts of various works, 
shall be deemed a current affairs program. 
Art. 17. A program including a performance given on 
a specific occasion and organized within the educational 
framework referred to in Article 14(1) with the participa­
tion of those involved in education shall be deemed a 
school celebration. A program including a performance 
organized by an institution forming part of the educa­
tional system. which is accessible to the public against 
an entrance fee shall also be deemed to serve school pur­
poses if the sums collected as entrance fees are used for 
educational or training purposes. This provision shall not 
apply to dances held at schools. 
Art. 18.-(1) A use shall be deemed to serve the pur­
pose of increasing revenue if it is likely to attract more 
patrons or customers to the establishment (shop, place of 
entertainment) using the work or is intended to entertain 
the customers visiting the establishment. The collection 
of entrance fees shall be deemed to serve the purpose of 
producing revenue even if the money collected is not re­
ferred to as an entrance fee (paying for the invitation 
card, paying for attendance, cloakroom fee higher than is 
customary, etc.). Compensation paid for the performance 
in excess of reasonable expenses shall be decmed the 
payment of fees. 
(2)19 Gatherings organized by business entities and 
legal entities exclusively for their members, officials and 
employees and which are not business gatherings shall 
be deemed private gatherings. 
(3)20 [Repealed] 
Art. 19.21 [Repealed] 
Arl. 20.22 Contracts for the exploitation of authors' 
rights with regard to single uses of specific works under 
18 Amcndcd by Decree No. 24/1994. (XII.2S.) MKM. 
Art. 4. In force from January 1. 1995. 
19 Amcnded by Decree No. 24/1994. (XII.28.) MKM, 
Art. 5. In force from January 1, 1995 
20 Repealed by Decree No. 24/1994. (XI1.28.) MKM, 
Art. 12. Invalid from January I, 1995. 
21 Repealed by Ac( No. VII of 1994, Art. 19(c). Invalid 
from July I, 1994. 
22 Amended by Decree No. 24/1994. (XI!.28.) MKM, 
Art. 6. In force from January I. 1995. 
HUNGAR Y -Text 1-02, page 003 INDUSTRIAL PROPERTY 
AND COPYRIGHT -JULY/AUGUST 1996 
which author's rights cannot be exercised individually in 
the cases determined by law, in particular contracts li­
censing the non-stage public performance of musical and 
literary works, the sound recording of non-stage perfor­
mances of already disclosed musical works and their 
lyrics and the reproduction of such recordings, the broad­
cast and other long-distance transmission of musical 
works with or without words performed otherwise than 
on stage, may be concluded only through the Hungarian 
Bureau for the Protection of Authors' Rights. 
Art. 21. The conclusion of a written contract shall not 
be compulsory if the contract is concluded for the pur­
poses of publication in newspapers or periodicals. 
Art. 22. The rights of the user shall pass to his succes­
sor in title where succession of title is based on the law 
or on official orders. 
Art. 23.-(1) The time allowed for acceptance of the 
work shall be two months-unless otherwise provided by 
law in specific fields (e.g., putting a literary work on the 
screen, publication of a literary work)-to be computed as 
from the date of delivery of the work. If the user makes 
no declaration within the time allowed for acceptance, 
the work shall be considered accepted. 
(2) If the user returns the work for corrections to be 
made to it, the period of time shall be computed as from 
delivery of the corrected work. 
Art. 24.23 [Repealed) 
Art. 25.24 A Hungarian author or Hungarian user may 
also conclude a publication contract with a foreigner for 
an unlimited period of time. 
Art. 26.25 For the purposes of Article 36 of Act No. 
Ill, a lawfully published work shall be considered a dis­
closed work, and the Hungarian Bureau for the Protec­
tion of Authors' Rights shall be entitled to collect, in its 
own name, on behalf of the authors, the remuneration 
due for public performance. To ensure the distribution of 
remuneration among authors, the Hungarian Bureau for 
the Protection of Authors' Rights shall be entitled to 
check the public performances on the spot against the 
program communicated by the user. 
Art. 27. If the author has authorized publication of his 
work with the inclusion of pictures (illustrations), he 
23 Rcpealed by Act No. VII of 1994, Art. 19(c). Invalid 
from July I, 1994. 
24 Amended by Decree No. 24/1994., (XII.28.) MKM, 
Art. 7. In force from January I, 1995. 
2S Amended by Decree No. 18/1988. (VI1.24.) MM, Art. 5. 
HUNGARY -Text 1-02, page 004 IP/NI1 IHUN/CI2 
Page 5 
COPYRIGHT AND NEIGHBORING RIGHTS 
LA WS AND TREATIES 
may refuse the use (publication) of specific pictures only 
by reference to good grounds. 
Art. 28. A manuscript shall be deemed to be used law­
fully if the author has delivered it to the Hungarian Bu­
reau for the Protection of Authors' Rights or to an 
organization appointed for that purpose by the Minister 
for Culture and Education, in order that the dramatic 
work may be performed by amateur theatrical groups to 
which the manuscript shall be made available by the 
above-mentioned organization. 
Art. 29.26 The Hungarian Bureau for the Protection of 
Authors' Rights shall be entitled to collect, in its own 
name, on behalf of the authors, the remuneration referred 
to in Article 40(1) of Act No. Ill. To ensure the distribu­
tion of remuneration among authors, the Hungarian Bu­
reau for the Protection of Authors' Rights shall be 
entitled to check public performances on the spot against 
the program communicated by the user. 
Art. 30.-(1) The rights afforded with respect to cine­
matographic works in Article 42( 1) of Act No. III shall 
belong exclusively to the film studio unless otherwise 
provided in the contract. 
(2) Production of a cinematographic work shall be 
deemed completed on the date of issue of the document 
authorizing distribution or, if no such document is is­
sued, on the date of receipt of the standard copy by the 
user. 
Art. 31. Television plays, cartoons and documentary 
films shall be classified as cinematographic works, irre­
spective of their mode of fixation. 
Art. 32. -(1) Act No. III shall afford copyright protec­
tion, as author's works to the designs of architectural or 
engineering structures-including standard designs of 
buildings-if they are deemed works from an artistic or 
scientific point of view; copyright protection may be ex­
tended to other designs under Article 51 of Act No. Ill. 
(2) The designs, of engineering structures that are in­
dependent and original technical works other than build­
ings (e.g., road bridges. hydroelectric power stations) or 
the designs of original coherent solutions for the com­
plete mcchanical equipment of an industrial plant (or 
part of a plant) shall enjoy copyright protection. Other­
wise, the provisions of the above Act relating to works of 
architecture shall also extend to engineering structures. 
(3) The employer's authorization shall be required 
for the use of a design created in the course of an em­
ployment relationship in any way that falls within the 
26 Amended by Decree No. 18/1988. (VIl1.24.J MM, Art. 6. 
HU IP/N/1/HUN/C/2 
Page 6 
INDUSTRIAL PROPERTY 
AND COPYRIGHT -JULY/AUGUST 1996 
employer's field of activity (including construction, re­
modeling, repeated construction) by another person (Ar­
ticle 14(1) of Act No. Ill); alterations to the design may 
only be approved by the employer after consultation with 
the designers. 
Art. 33.-(1) The designer shall have the right to deter­
mine the place and manner of mentioning of his name 
and the date (year) of design on the building (structure). 
However, this right may not prejudice the reasonable in­
terests of the owner (operator). 
(2) In the case of a design created in the course of an 
employment relationship, the employer shall determine 
the group of the persons whose names are to be men­
tioned on the design and the structure. Any dispute shall 
be decided by the courts. 
(3) The name of the employer shall also be men­
tioned, at his request, on the design created in the course 
of an employment relationship as well as on the building 
(structure) constructed on the basis of that design. 
(4) Should the author decide not to require the contin­
ued mention of his name, the inscription that includes his 
name shall be removed within 60 days of his request. 
However, this shall not prejudice the right of the employ­
ing firm to have its name mentioned. 
Art. 34.-(1) The name of the author must be men­
tioned on the image if it serves to present a specific work 
of fine art, architecture, engineering or applied art. If it is 
used for the purposes of the work, reference must like­
wise be made to the author. 
(2) In the case of a renewed, but unchanged, use of 
the design of a work of architecture or engineering or the 
renewed use of a standard design, the name alone of the 
author of the original design shall be mentioned. 
Art. 35.-(1) The autllOr's authorization shall also be 
required to exhibit the design, or a part of the design, of a 
work of architecture or engineering. 
(2) Museums, public collections at museums, librar­
ies and archives shall be deemed public collections that 
conserve works. 
HU (3) The author's name shall be mentioned in the case 
of the exhibition of a work. 
Art. 35A.2L(1) The remuneration laid down in Arti­
cle 46A of Act No. III shall be transferred by the busi­
ness entity engaged in trading activities on a quarterly 
basis-up to the twentieth day of the month following the 
end of the quarter-to the Public Foundation of Hungarian 
27 Amended by Decree :-.10. 24/1994. (XII.28.), Art. 8. In 
force from January I, 1995. COPYRIGHT AND NEIGHBORING RIGHTS 
LA WS AND TREATIES 
Creative Arts (hereinafter: the Public Foundation). The 
notice accompanying the transfer shall include the name 
of the author-or refer to the lack of a name on the work­
the title of the work, the technique used for its creation 
and the amount of remuneration for each work. 
(2) The Public Foundation shall pay the remunera­
tions collected to the author of the work or to his succes­
sor in title. 
Art. 358.28 For the purposes of Article 50G of Act 
No. HI, the simultaneous transmission by a device or in a 
manner suitable for communication to the public shaH 
also be deemed simultaneous communication by cable to 
the public. 
Art. 36.-(1) The protection of illustrations and visual 
aids shall cover the following works not considered ar­
tistic or scientific works: 
-text illustrations, 
-geographic and topographic figures, sketches, 
-architectural, engineering and other technical or 
structural designs, drawings and sketches, 
-visual aids (mock-ups, pictures in relief, models), 
-professional photographs and films. 
(2) The provisions of Article 14 of Act No. HI shaH 
also apply to the use of photographs, figures and other 
visual aids. 
Art. 37.-(1)29 The fine imposed by the court-except 
as referred to in paragraph (2)-shall be paid to the benefit 
of the National Cultural Foundation. 
(2)30 The fine imposed by the court in the case of un­
licensed use of software shall be paid to the Central Sta­
tistical Office. The amount accumulated through the 
collection of fines shall be used for software develop­
ment purposes. 
Art. 37A.3J_(l) The provisions of Article 35A shaH 
apply to the payments due after the expiration of the term 
of protection with the proviso that the Public Foundation 
shall be required to administer, and keep account of, the 
amounts collected as a special item. 
(2) The Publie Foundation shall inform the general 
public of the utilization of the payments annually, by 
means of Milve/odesi KozlOny (Cnltural Gazette). 
2X Inserted by Decree No. 24/1994. (XI1.28.) MKM. In 
force from January I, 1995. 
29 Amended by Decree No. 8/1994. (IV.26.) MKM, 
Art. 33(2)(a). In force from May 4, 1994. 
30 Amended by Decree No. 15/1983. (VII.12.), Art. 4. 
31 Inserted by Decree No. 24/1994. (XII.28.) MKM, 
Art. 10. In force from January I, 1995. 
HUNGARY -Text 1-02, page 005 INDUSTRIAL PROPERTY 
AND COPYRIGHT-JULY/AUGUST 1996 
Art. 38.-(1) The members of the Board of Copyright 
Experts shall be appointed by the Minister for Culture 
and Education from among the members of scientific in­
stitutions, the art federation and other concerned organi­
zations on the basis of proposals made by these same 
persons and the supervisory authorities, as also from 
among the specialists concerned with the theory and 
practice of copyright. The President of the Board and the 
members of its Presidium shall likewise be appointed by 
the Minister for Culture and Education. 
(2) The Hungarian Bureau for the Protection of 
Authors' Rights shall be responsible for the administra­
tive management of the Board of Copyright Experts. 
(3)32 The Board of Copyright Experts shall establish a 
panel of between three and five members to formulate 
advisory opinions, on a majority. 
(4)33 Upon request, the Board of Copyright Experts 
may also give advisory opinions in extrajudicial proce­
dures on issues connected with the exercise of the right 
to use. 
(5) Other matters concerning the organization and 
operation of the Board of Copyright Experts shall be in­
cluded in the Rules issued by the Minister for Culture 
and Education. 
32 Amended by Decree No. 15/1983. (VI1.l2.) MM. 
Art. 6(2). 
33 Amended by Decree No. 24/1994. (XII.28.) MKM, 
Art. 11. In force from January I, 1995. 
HUNGARY -Text 1-02, page 006 IP/N/1/HUN/C/2 
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COPYRIGHT AND NEIGHBORING RIGHTS 
LAWS AND' TREATIES 
Art. 39.-(1 )34 The amount of the royalty shall be 
agreed by the parties, unless otherwise provided by law. 
(2)35 The royalty due for the public performance of 
disclosed musical works, for their fixation on equipment 
serving the purposes of mechanical performance (e.g., 
fixation of sound recordings, radio and television perfor­
mance, film and video background music), for the sound 
recording of disclosed literary work, and-unless other­
wise agreed between the parties-for the public perfor­
mance of dramatic works, and the royalty due to persons 
other than legal entities on the basis of contracts con­
cluded for the exploitation of software shall be paid to 
the Hungarian Bureau for the Protection of Authors' 
Rights.36 
Art. 40.-(1) This Decree shall enter into force on the 
first day of January of 1970; no departures from Arti­
cle 7(2), Article 11(1) and (3), Article 12, Article 23, Ar­
ticle 30(2), Article 33(1), Article 34(1), and Article 35(1) 
and (3) of this Decree shall be admissible to the preju­
dice of the author's interests. 
(2) On the date of the entry into force of this Decree, 
Decree No. 58230/1922. (111.7.) on the procedure to be 
observed in effecting embodiments as provided in Act 
No. LIV of 1921 on Copyright and Decree No. 44348/ 
1933. (VII.27.) KM amending the previous Decree shall 
cease to have effect. 
34 Amended by Act No. VII of 1994, Art. 19(c). 
35 Amended by Decree No. 6/1992. (IV.8.) MKM, Art. 2. 
36 See: Communications of the Hungarian Bureau for the 
Protection of Authors' Rights (in: Magyar Kozlony, 1994/127). 
HU