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© The films, images, data and texts presented on our websites are protected by copyright!

 

It is forbidden to use, store, reproduce and/or make it available to third parties without the prior permission of PlusTvNews. Violation of copyright is subject to criminal prosecution.

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https://www.sztnh.gov.hu/hu/szerzoi-jog/szerzoi-jogi-alapfogalmak

Modified: December 3, 2020

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What is copyright?

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Copyright protects literary, scientific and artistic works, as well as - the so-called through related rights - performance related to their use.

One of the basic purposes of copyright is to encourage intellectual creation. Accordingly, it acknowledges personal and property rights in favor of the author. The royalties representing the value of the use of the author's works compensate the author's and creative expenses.

The legal protection of copyrighted works is an essential condition for the operation and development of the domestic cultural industry, thus also means the protection of jobs, businesses, and investments. Many industries are based on copyright protection, such as the music industry, book publishing, radio and television broadcasting, the software industry, film production.

 

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What does copyright protect, what types of works can benefit from copyright protection?

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About copyright LXXVI of 1999 lawOn the basis of  , copyright protection covers literary, scientific and artistic works, so-called it primarily concerns works (e.g. works of fiction, music, films, works created through painting, sculpture), but also provides protection for such types of works as software and databases.

The adaptation of another author's work is also protected by copyright, if it also has an individual and original character, provided of course that the author of the original work has consented to the adaptation. The rules for adaptation apply to the so-called also for processing or translation, provided that this results in a new work.

It is also important that the so-called copyright-related adjacent legal performances are also protected, such as the performances of musicians and actors, sound recordings and programs of radio and television organizations.

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On what basis are works entitled to copyright protection?

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Copyright protection is based on the individual, original nature of the work. Copyright protection requires that the work be an individual, original work.
The individual character exists when, under the given circumstances, several modes of expression are possible, and the author implements and creates his work in an individual way. Originality means that the work was created by the author himself and is not a simple copy of an existing work.
The requirement for individuality and originality therefore exists with regard to the expression of the work, the presentation of the ideas and information contained in the work.

In all cases, the subject of copyright protection is the casting of ideas into an individual original form, not the underlying content itself. Copyright protection means protection of form: it protects the uniqueness of the wording.

Copyright protection does not depend on quantitative, qualitative or aesthetic characteristics, nor on a value judgment regarding the quality of the work [Szjt. Section 1 (3)]. Therefore, from the point of view of copyright protection, it is irrelevant whether the work is characterized by special creativity or artistic quality - the "quality" of the work can, of course, influence the exclusive "economic/market value", usability.

 

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How does copyright protection arise?

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Copyright protection is created automatically, starting from the creation of the work, by virtue of the law. There is therefore no need for the official procedure known in the field of industrial property protection, i.e. the creation of legal protection is not a condition for the work to be registered somewhere or registered anywhere.

However, the author can ask the National Office of Intellectual Property for his work_cc781905-5cde-3194-bb3b-136bad5cf58dvoluntary registration, on the basis of which the certificate issued - although it does not create copyright protection in itself - proves that the registered work existed with the content at that time.

 

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Is a work protected by copyright if it has the C symbol on it?

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No, individual works are automatically protected by copyright from the moment they are created - as long as they are individual and original.

The indication of the AC (=copyright) mark does not have any legal effect in itself - its practical function is only that the reader/viewer of the work can learn that the author's rights are reserved, so permission must be requested to use the given work. The information indicated in connection with it can also provide guidance on who to contact for the permission required for use.

 

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How long does the copyright protection of the works last and from when can they be freely used?

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The author's work is protected by copyright only for a specified period of time, this means that the work is protected during the life of the author and seventy years after his death, this is the protection period. (Szt. § 31).

These seventy years must be counted from the first day of the year following the death of the author - or, if the work has more than one author, then the last deceased co-author. And if the author is unknown, the protection period begins on the first day of the year following the first publication of the work.

This means that after the expiration of the protection period, the work becomes public domain, i.e. it can be used by anyone without permission. It is important to note that, regardless of the expiration of the protection period, the heir or the affected joint rights manager or interest representative organization can take action against behavior that violates the memory of the deceased author, if the behavior would violate the author's right to display his name.

 

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What rights does the author have?

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Copyright provides property and personal rights to the author of the work. Due to property rights, the use of the work can in most cases only take place with the author's permission. Usage e.g. performing a play or uploading or playing a song on the Internet, etc. In most cases, the author is compensated for the uses, so-called is entitled to royalties. According to the provisions of the law, it is necessary to request the author's permission in connection with the following uses (these uses therefore embody the relevant rights of the author):

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a) duplication (Szt. §§ 18-19),
b) distribution (Szt. § 23),
c) the public performance (Szt. §§ 24-25),
d) broadcasting to the public or otherwise (Szjt. §§ 26-27),
e) retransmitting the broadcast work to the public with the intervention of a different organization compared to the original (Szjt. § 28),
f) revision (Szt. § 29),
g) the exhibition (Szt. § 69).

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The Szt. it lists not only the author's works, but also the possible ways of use only by way of example. In addition to this list, there are also other types of unnamed uses, as the Szt. states in general in paragraph (1) of § 16 that, based on copyright protection, the author has the exclusive right to any use of the work as a whole or an identifiable part in material form and non-material form and to authorize each and every use. In the case of exercising them, it is necessary to obtain the author's permission in the same way as for the uses listed in the law.

The rights related to the person are the following:

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a) the right to publish the work
b) the author's right to display his name
c) protection of the unity of the work.

 

The detailed rules related to personal and property rights are Ms. II. and III. are found in chapter

 

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How can another work of yours be used / how can you obtain permission to use a work?

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In relation to copyright protection, it can be summarized that if a certain literary, artistic or scientific work is of an individual original nature and 70 years have not yet passed since the death of its creator, then it is necessary to request permission from its creator for its use, unless this obligation is defined by the law as a so-called free use case ruled it out.

The exercise of author licensing rights, i.e. licensing the use of the author's work to other parties, can basically be realized in two ways.

One is the path of individual licensing, during which the right holder gives permission to use his work in the context of a usage contract. The conditions for this can be determined freely by the contracting parties within the framework of the law. A contract for this authorization, so-called there is a way in the framework of a contract of use, which must be included in writing. The parties must record in the usage contract: (i) the exact designation of the work, (ii) the method of use (paper-based or digital reproduction, distribution, making it available on the Internet), the time (one year or a given number of copies), the territorial scope (e.g. only the territory of Hungary or the whole of Europe), (iii) the consideration for the use (the amount of the royalty).

The detailed rules for the contract of use are Ms. V. chapter contains.

There are cases when the author does not give permission for the use directly, but instead the author gives the permission right to the so-called is exercised by a joint management organization.

This is usually done when individual licensing is not possible in practice, for example due to the uses (playing hundreds of music tracks per day by radios) or the large number of users (music playing by hospitality industry units) and therefore the law provides for the joint management of authors' rights prescribes its exercise within the framework of or gives the opportunity to do so. Currently, there are nine collective rights managers in Hungary. The Office keeps a register of joint rights management organizations, which can be found by clicking on the following link: http://kjk.sztnh.gov.hu/.

Licensing on behalf of the authors is actually carried out by the rights managers on a contractual basis, but this is not concluded individually for all users. The uniform conditions of use and the rate of remuneration are so-called. are prescribed by fee schedules, which in practice function as contractual conditions established by the rights managers. The fee schedules of joint law management organizations are set by the minister responsible for justice approve it after the opinion procedure conducted before the National Office of Intellectual Property.

Detailed rules related to joint rights management are Ms.  XII. is regulated by chapter

 

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When do you not need permission to use copyrighted works?

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The exercise of the author's property rights can be hindered not only by the expiration of the protection period, but also by Szt. so-called cases of free use established by The purpose of establishing these use cases is to align the interests of the creators and the user audience. This is done by recording exceptions in which the generally existing rights of authors and related legal rights holders are limited by law with regard to the person of a given user (e.g. disabled person, library, school institution) or for a given purpose of use (e.g. education, research). It is important to note that free use can only take place if a particular work of art, in connection with which the free use takes place, is legally available to the person wishing to make free use. Therefore, it cannot be freely used from an illegal source.

Az Ms. IV. the main cases of free use listed in chapter are the following:

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• citation: a part of a work - to the extent justified by the nature and purpose of the receiving work and faithful to the original - can be cited by anyone by naming the source and the author indicated there. [Sjt. Section 34 (1)]

• acceptance: a publicized literary or musical work, part of a film, or such independent work of a smaller scope, as well as an image of a work of fine art, architecture, applied art and industrial design art, as well as a photographic work for the purpose of illustration for the purpose of school education and for the purpose of scientific research, the source and the indicated therein with the name of the author, it can be adopted to the extent justified by the purpose, provided that the adopted work is not used commercially. The use of the work in another work to an extent that exceeds the citation is regarded as appropriation. [Sjt. Section 34 (2)]

• the work can be reworked for school educational purposes as part of a school session. The permission of the author of the original work is also required to use the revised work. [Sjt. Section 34 (4)]

• copy for private purposes: a natural person may make a copy of the work for private purposes, if it does not serve the purpose of earning or increasing income even indirectly. This provision does not apply to the architectural work, the technical installation, the software and the database operated with a computer technology device, as well as the recording of the public presentation of the work on an image or sound medium. Sheet music with reprography [21. § (1) para.] for private purposes and cannot be duplicated in the cases regulated in points b)-d) of paragraph (4). An entire book, as well as the entire magazine or daily newspaper, can only be copied by hand or typewriter for private use. [35. § (1-2)]

• individual parts of a work published as a book, as well as newspaper and magazine articles, may be reproduced for the purpose of school education in the number of copies corresponding to the number of students in a school class, or required for public and higher education exams. [35. § (5) para.]

• details of publicly held lectures and other similar works, as well as political speeches, can be freely used for the purpose of information - to the extent justified by the purpose. In the case of such use, the source - together with the name of the author - must be indicated, unless this proves to be impossible. The permission of the author is required to publish the mentioned works in a collection. [36. § (1) para.]

• Some works can be freely used for the purpose of informing about timely, daily events - to the extent justified by the purpose. In the case of such use, the source - together with the name of the author - must be indicated, unless this proves to be impossible. [37. §]

• If the performance does not directly serve the purpose of earning or increasing income, and the contributors do not receive remuneration, the works may be performed in the following cases:

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a)    in the case of a stage work performed by art-loving groups, based on a published text or a legitimately used manuscript, provided that this does not conflict with an international treaty,
b)    for the purpose of school education and during school celebrations,
c) within the framework of social and elderly care.
d) at celebrations held on national holidays
e)    at religious ceremonies and religious celebrations of churches, associations whose primary purpose is religious activity,
f)     for private use and at occasional private gatherings. [38. § (1) para.]

 

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How can you use a part of another work? Do I need to ask the author's permission for this?

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For the sake of the free flow of scientific ideas and opinions, copyright allows citation as free use - subject to compliance with the appropriate conditions. (Szt. § 34).

The terms of the summons are as follows:

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• only part of the work may be used;

• limited to a purpose, i.e. it can be quoted to the extent justified by the nature and purpose of the receiving work;

• the citation must also be faithful to the original text;

• the source (and the author indicated there) must be indicated;

• it can only be cited in one's own work.

 

It is important that in the case of works of art, photography and industrial art, citation is not permitted, i.e. details of a work of art can only be published with the permission of the author.
In addition to the copyright rules, citation has its own set of accepted rules in every discipline, which are also worth paying attention to.

 

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Who should I ask for permission from if I want to use a work whose author is unknown or whose whereabouts I do not know?

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There are cases when the search for the rightful person(s) is not successful. If the author of the work is unknown or resides in an unknown place, the work is considered an orphan work.

Licensing of certain uses of orphan works is carried out by the Office. The Szt. 41/B. based on paragraph (1) of § 1, the Office - in addition to establishing a fee adapted to the method and extent of use - grants a use license upon request to anyone who, in order to conclude a use contract, has done the work normally expected in the given situation to find the author, taking into account the type of work concerned and the method of use measures, and the search for the author was unsuccessful. The use license is valid for a maximum of five years, covers the territory of Hungary, is non-exclusive, non-transferable, and does not entitle you to grant additional use licenses or to revise the work.

You can find out more about the regulation on orphan works by clicking on the following link: http://www.sztnh.gov.hu/hu/mivel-fordulhatok-a-hivatalhoz/szerzoi-jogi-v...

You can provide assistance in the search for legal heirs on the website of the Office, available research database. Application and information for permission to use the orphan work description is also available on the above page.

 

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How can action be taken against someone who uses a work protected by copyright without permission?

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In the event that our copyrights are violated - for example, the work is used without permission and without payment of royalties - there are several options for the author to receive adequate compensation. 

Extrajudicial means

When taking action against the infringer, it is worth using extrajudicial means, with which it is possible to remedy the grievance in a shorter time.
One of these options may be sending a letter of notice before the court proceedings, which may include an offer to cooperate or a request to stop the given use. It is also possible that the author offers the infringer the conclusion of a usage contract.
Another option is the so-called use of a mediation procedure (mediation). Mediation means a peaceful settlement of the existing dispute. In this procedure, a neutral third party, the mediator, facilitates the conclusion of the agreement. The advantage of mediation is that it costs less than court proceedings, and it provides a faster and more efficient way to resolve a legal dispute.

Civil law enforcement

The author, whose work under copyright protection is used without his permission (and the use does not fall within the scope of free use), is against the infringer under Szt. can assert the following civil rights claims listed in § 94, paragraph (1):

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• may demand a judicial determination of the violation;

• can demand the cessation of the violation or actions that directly threaten it and prohibit the violator from further violations;

• can demand that the infringer - by means of a statement or in another appropriate way - provide satisfaction and that, if necessary, publicity corresponding to the satisfaction is provided on behalf of and at the expense of the infringer;

• may demand that the infringer provide data on the participants in the production, distribution and performance of the things or services affected by the infringement, and on the business relationships established for infringing use;

• can demand restitution of the enrichment achieved through infringement;

• may demand the termination of the prejudicial situation, the restoration of the state prior to the infringement, as well as the confiscation of the tools and materials used exclusively or primarily for the infringement, as well as the handover to a specified person, their recall from commercial circulation, their permanent withdrawal from it, or their destruction;

• according to the rules of civil liability, you can also demand compensation [Szjt. Section 94 (2)].

 

In the case of a civil lawsuit, the statement of claim is submitted to the courts [CXXX of 2016 on the Code of Civil Procedure. § 20 (3) of the Act based on aa) ]

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Criminal law enforcement

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In case of copyright infringement, criminal sanctions may also be applied to the infringer. The National Tax and Customs Office (hereinafter: NAV) acts as the investigative authority in matters related to the infringement of copyrights, and reports can also be filed there.

File a criminal complaint with the NAV - in Budapest, with the Central Hungarian Regional Crime Directorate of the NAV, and in the countryside with the locally competent regional crime directorate of the NAV (contact details: http://www.nav.gov.hu/magyar_oldalak/nav/bunugy/elerhetosegeg) - can be done.

Act C of 2012 on the Criminal Code (hereinafter: Penal Code) contains the following facts regarding copyright infringement:

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• Usurpation (§ 384 of the Civil Code)

• Violation of copyright or copyright-related rights (§ 385 of the Civil Code)

• Evasion of technical measures ensuring protection (§ 386 of the Civil Code)

• Forgery of rights management data (§ 387 of the Civil Code).

 

Violation of copyright or copyright-related rights is considered a violation in the event of a financial loss not exceeding one hundred thousand forints. (Law II of 2012 § 238/A)

 

Customs enforcement

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One of the decisive tools in the fight against infringing products coming from outside the European Union is the customs procedure, including the submission of a request for customs measures to the competent customs body and customs measures against certain goods infringing intellectual property rights 371/2004. (XII.26.) Government decreebased on  .

Special tool against Internet infringement - notification-removal procedure

If copyrights are infringed by internet communication, it is recommended to contact the relevant internet service provider. The so-called as part of the notification-removal procedure, access to the infringing content can be quickly terminated.

The main elements of the procedure are as follows:

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• upon detection of a violation of rights, the right holder sends a notification contained in a private or public document with full evidentiary value to the hosting service provider, in which he specifies exactly what kind of information infringing rights the request for removal refers to;

• the service provider is then obliged to terminate access to the infringing content within 12 hours - notifying the content provider within 3 days, who may raise an objection in this regard (i.e. that the content posted by him was not infringing);

• based on the objection, the hosting provider must arrange for the content to be reinstated;

• within 10 working days from the receipt of the information about the restitution, the right holder may initiate civil proceedings or file a criminal complaint.

 

Details of the procedure are CVIII of 2001 on certain issues of electronic commercial services and services related to the information society. law 13. is regulated by §