Under what circumstances do I need to seek authorization as a user? What types of authorization does HUNGART Society offer?

HUNGART Society may authorize, for the territory of Hungary, the reproduction or the use of unique and original visual artworks of authors. It may authorize the reproduction of works of visual arts, applied arts, or photography for different uses, under the condition that the use is unaltered reproduction.

The user is responsible for settling all legal matters regarding copyright, for procuring the authorization in advance, and for the payment of royalties and copyright levies.

In case the term of protection for the work of art intended to be used has not passed, authorization shall be acquired (under Hungarian legislation, copyright enjoys protection during the lifetime of the author and for seventy years after the first day of the year following the death of the author). HUNGART Society, as the collecting society for visual artists, authorizes the unaltered secondary use of works of both Hungarian and foreign authors in the scope of extended collective rights management. A list of the authors whose works HUNGART cannot issue authorization for can be viewed here.

If the identity of the author cannot be determined, the seventy-year protection term starts at the time of the creation of the work. Authorization from HUNGART Society shall be sought for use of orphaned visual artwork too.

If you, as a user, are uncertain whether authorization should be sought for a particular use, please contact the Secretariat of HUNGART Society by e-mail or phone. Contact us here.

It is recommended to assess the scope of free use and consult with the Secretariat in advance of the genuine use of the work to ensure that conditions set forth in the Act are met. „The provision related to free use shall not be interpreted inclusively.” (see: Hungarian Copyright Act, Article 33 (3))

Where to start obtaining a license?

The following form shall be filled and filed either via e-mail or postal service to apply for a license. We kindly ask our users to provide an editable text format (such as Word) for the document when opting for electronic communications to speed up the licensing process.

If the Secretariat  layouts so after receiving the application, a digital visualization shall be attached to the application. (Please see the Tariffs/General Terms for further information. For uses detailed in Article 3, a digital layout  is required to obtain the license.)

How long does it take to issue a license? How long before the planned publication should I file for the license to ensure legitimate usage?

According to the tariffs of HUNGART (set forth in the Tariffs/General Terms), application should be filed 15 days – in case of uses detailed in Article 3 thereof, 30 days – before commencing use of the work. The license enters into force simultaneously with the royalties being paid. That is, applying for a license does not mean being granted one.

What does a license contain, what does it give entitlement to, when are royalties due?

A license may be granted for a particular use. Details (place of publication, number of copies, size and exact listing of reproductions created) of that use shall be further described in the text of the license. The royalties due are specified in the license, which shall be settled by bank transfer. The license enters force simultaneously with the royalties being paid. Royalties are due in 10 days after the license is sent either via e-mail or post.

Will I receive a good quality file from HUNGART after paying the royalties?

HUNGART Society does not undertake picture agency activities, we only issues licenses to ensure rightful use.

When will I receive an invoice and to what name?

The license is issued for the applying company/organization, and occasionally for individuals. The invoice is issued after the royalties are settled.

Miscellaneous information

  • special credits are to be displayed for the names of certain authors (in addition to HUNGART © 2018) –related information shall be a matter of discussion before issuing a license;
  • conditions of use:

The name of the author and the title of the work shall be displayed.

The sign ‘HUNGART © year of license’ shall be duly displayed.

A specimen shall be sent to HUNGART, unless the author or his/her legal successor requires otherwise.

The pictures are to be displayed in their entirety without any alterations (overlays, cropping).

  • Please specify the applicants’ contact data (name, telephone, email) on the form in order to facilitate administration.
  • Please inform us if you prefer the invoice to be sent attached to the license.
  • The author may issue a license or agree to free use only if the use is non-commercial (not even the aim of the use may be for profit; see Article 11 of the Act XCIII of 2016 on the collective management of copyrights and related rights)

 

Examples:

  • How much will it cost us to publish the works of several Hungarian and foreign painters on the inner pages of forthcoming album?

 First, it shall be made clear whether the works intended to be used are under copyright protection. The legitimate use of works of authors deceased no more than seventy year ago, whether Hungarian or foreign, requires a license. The items to be licensed shall be   listed (including with the sizes)on the application form reproductions. We can calculate the exact amount based on the received list. The sum of the royalties depends on the number of protected items, the size of the reproductions, and the print runs. Details are available at our current Tariffs.

 

  • I intend to publish a reproduction of a work by Picasso on the front page of my book. Do I need a license?

 According to the Hungarian Copyright Act, the works of  the author (Pablo Picasso 1881-1973) are under copyright protection, therefore a license must be obtained.

 Publishing on the front page is a specific type of use (for further details, consult our Tariffs/General Terms) that requires the consent of the author or his/her legal successor for the license to be granted. HUNGART Society is able to obtain this consent from the organization representing the successors of Picasso, based on a preliminary digital layout. If the rightholder (in this case, the successor) denies consent, HUNGART is unable to issue the license.

 

  • I wish to use the works of Lajos Kassák on a CD sleeve and a publication attached to the CD. Can I obtain a license via HUNGART?

 HUNGART Society cannot license the works of Kassák, as his name is on the list of authors whose works HUNGART cannot license. In this case, the license should be obtainded directly from organization representing him or his legal successors directly.

 

  • I intend to publish a picture album presenting the artwork of Tivadar Csontváry Kosztka. Do I need to pay royalties?

 The term of protection after the death of Tivadar Csontváry Kosztka (1853-1919) has passed, therefore his works may be used freely. No royalties need to be paid.