Information regarding the obligation to pay remuneration for Private Copying in Hungary

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In this article you will find out more about

Legal context

According to relevant European regulations, member states may allow the making of private copies of works protected by copyright (e.g., music, films, images, literary works) in exchange for “fair compensation”. In Hungary, this compensation is ensured by applying a lump-sum remuneration payable upon the sale of blank video and audio recording media.

Products to which it applies

The remuneration applies to the following categories of products:

  • CD-R, DVD-R
  • Memory cards that can be used as both video and audio recording media
  • Integrated storage units of portable multimedia devices that can play audio and audiovisual content
  • Storage units designed for storing audio and audiovisual content and integrated into consumer electronic devices
  • Other high-capacity optical discs
  • Audio cassettes, video tapes, MiniDisc
  • External and portable data storage devices without moving parts, suitable for storing audio and audiovisual content
  • Integrated storage units in mobile phones, suitable for playing audio and audiovisual content
  • External hard disk data storage devices with moving parts, suitable for storing audio and audiovisual content
  • Integrated storage units in tablets (tablet computers, multimedia tablets), suitable for playing audio or audiovisual content
  • Integrated storage units of non-portable personal computers, suitable for storing and/or playing audio and audiovisual content
  • Integrated storage units of portable personal computers, suitable for storing and/or playing audio and audiovisual content

 

Reporting and payment obligation

The responsibility for reporting and paying the remuneration lies with persons who:

  • Produce or import blank media for video or audio recordings
  • Bring these media from another member state or introduce them for the first time on the Hungarian market.

According to Section 20 (2) of Law LXXVI of 1999 on copyright (Copyright Law), the aforementioned remuneration must be paid within 8 days of the completion of customs procedures or, if no customs duties are due, from the day the media is placed on the market or, if earlier, from the day it is stored for the purpose of being placed on the market, and data reporting must be carried out by the same date.

Obligation to apply the holographic sticker

For the mentioned products, in addition to the obligation to pay the remuneration, it is also mandatory to apply a holographic sticker on the product packaging as proof of fulfilling the remuneration payment obligation.

Therefore, when marketing these types of products, it is mandatory to comply with these legal provisions:

  • Reporting and paying the remuneration for the targeted products
  • Applying the holographic sticker.

These obligations are exclusively your responsibility, so ensuring compliance with them is entirely up to you, and in case of complaints or claims regarding non-compliance with these obligations, the related products will be blocked.

For more details regarding the necessity of paying the private copying fee, you can access the following link: Private copying remuneration – Artisjus 

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