Our expertise in European copyright
Hungarian and German copyright are governed by the Berne Convention. Accordingly, copyright is a legal term that describes the rights that creators have to their literary and artistic works. The works covered by copyright range from books, music, paintings, sculptures and films to computer programs, databases, advertising, maps and technical drawings.
Our law firm offers a full service contentious and non-contentious copyright legal service, dealing with all aspects of copyright exploitation and enforcement. Our copyright law experts are known for their fierce advocacy in copyright matters, for partnering closely with our clients to achieve their commercial objectives.
Some of our European copyright legal services
Amazon copyright infringement disputes
Amazon will remove listings if they receive a report from a right’s owner that they may infringe the right owner’s copyright. We can help you with the whole process that starts with an Amazon’s Report Infringement.
To reactivate your listing you need to provide the following: an invoice, letter of authorization or a licensing agreement from the manufacturer or rights owner demonstrating that the products are lawful.
Hungarian copyright infringement disputes
Copyright infringement disputes in Hungary are usually resolved through direct negotiation, mediation, a notice and take down process, or litigation in civil court.
Many of these cases have a cross-border character so the validity and enforceability of the copyright needs to be checked first. It should be also checked if the copy is a derivative work and if that was allowed or not. In any case, it is recommended to consult a Hungarian copyright lawyer before making any allegations.
Hungarian copyright ownership disputes
Hungarian copyright infringement disputes often lead to ownership disputes. It is recommended to clear these before a conflict and to build a solid legal basis for any claims. Proving copyright ownership is very important and it is advisable to create a process for this with the help of a copyright lawyer: to preserve a complete chain of evidence, from the design process to the publication, eventual registration and actual use of the artwork.
Whether you allow free use for the public or you decide to monetize your copyright, you will have to communicate this to the world / your business partner and make the terms and conditions clear. We can draft a copyright licence agreement for you.
Typical copyright agreements are with book publishing houses, software developers and end users; photographers; advertising agencies, media production companies, manufacturing companies, just to name a few.
Licences can be for example limited in time and territory, non- exclusive, non-transferable, non-assignable, and revocable licence.
Countries of the Berne Convention
European Copyright – Frequently Asked Questions – FAQ
Before the Berne Convention, national copyright laws applied for works created within each country. For example a work published in Hungary by a Hungarian national would be covered by copyright there, but could be copied and sold by anyone in Germany. To solve this problem, the Berne Convention set up an international legal system in 1886. It has over 170 parties as of today, a truly global copyright agreement. It has created the system of equal treatment for the nationals of the Berne Union.
Copyright under the Berne Convention is automatic; it does not require formal registration. Hungary is party to the Berne Union and no registration of copyright is mandatory.
The Hungarian Intellectual Property Office has an official depository where works can be filed and deposited. This kind of copyright registration is solely an evidence that a certain work was filed by someone on a certain day with a copyright claim and in case of dispute it can be used as proof.
No, Germany is part to the Berne Union and no registration of copyright is mandatory as the Berne Convention provides for automatic copyright, without any formal registration.
Yes, a link, even to works protected by copyright, is normally harmless.
Yes, the scope of the work does not matter. The use of excerpts from a work is also subject to copyright law.
When making a video or photograph of people, you will be the owner of the copyright but not own the portrait right. The portrait right entitles the portrayed person to prohibit the publication or copying of the photo or video. In many cases you must ask permission to publish a portrait. Portrait right falls under copyright laws.
The use of the C (= copyright) mark does not in itself have any legal effect in Hungary. Its practical function is only to make one aware that the author’s rights are reserved, hence a license must be sought to use the work. In addition, the information provided may provide guidance on whom to contact for the necessary license.
The rightholder has a variety of possible means of enforcement. In copyright infringement cases a Hungarian copyright lawyer can choose a civil or criminal process or can – as a preparation – implement customs measures.
The Hungarian copyright act has a list of protection that includes cinematographic creations, other audiovisual works and photographic works. For lack of any exceptions regarding morality and taking into consideration that the artistic level is not adjudged for eligibility for copyright, it can be said that pornographic works enjoy copyright. The Act LXXVI of 1999 on Copyright says in Article 1 (3) that “A creation shall enjoy copyright protection due to its individual and original nature
deriving from the intellectual activity of the author. The protection shall not depend on any quantitative, qualitative or aesthetic characteristics or any judgment as regards the standard of the creation.“