Hungary

[HU] Law on Performing Rights Societies Changed

IRIS 1997-5:1/17

Andrea Schneider

Institute of European Media Law (EMR), Saarbrücken/Brussels

Hungary's copyright law, which is based on the Copyright Act No. III of 26 April 1969 - last amended by Chapter II of Act No. VII, modifying several regulations on protection of industrial property and copyright of 8 February 1994was again amended on 19 September 1996.

The last change in the copyright law principally increased the protection period to 70 years and reorganised the neighbouring rights of performing artists, sound recording manufacturers and radio and television companies, and a government decree has now amended the law on performing rights societies.

The Hungarian system for collective protection of copyright and neighbouring rights has so far been operated by a public law body, the Hungarian Copyright Protection Bureau (ARTISJUS). The country is now following most of Western Europe in opting for performing rights societies which operate under private law, must be authorised or registered and are subject to supervision by a public authority or ministry.

The Government Decree contains detailed regulations on compulsory registration and the conditions applying to it. In every performing right area where registration is compulsory, only one performing rights society may be registered, and the legal form in which it operates must be that of a civil law grouping or association. The successful applicant is the one which best satisfies the registration requirements, such as experience, facilities, contacts in other countries and formal regulation of income distribution and the conduct of its business. Performing rights societies are supervised by the Ministry of Culture and Education, which has power to regulate the registration procedure in detail. A public foundation for copyright and associated rights is to be established, and this will replace ARTISJUS in due course.