Hungarian Alliance Of Reprographic Rights
Address: Pálya u. 4-6., Budapest, H-1012, Hungary
Representatives of the Alliance:
Ákos Szilágyi – president
Peter Vaskovics - director
Collective administration of rights in regard of reprography:
Hungarian Alliance of Reprographic Rights (HARR) (in Hungarian: Magyar Reprográfiai Szövetség - RSZ) commenced its operation on 8th of November, 2000. Members of the Organization are: ARTISJUS Hungarian Bureau for the Protection of Authors' Rights (musical rights), HUNGART Society of Hungarian Creative Artists (visual arts), MASZRE Reprographic Society of the Hungarian Scientific and Literary Writers and Publishers, REPROPRESS Reprographic Association of Newspaper and Periodical Publishers. Mandate of HARR to collectively administer reprographic rights stems from individual right holders through their representative and already existing societies in which they are members and which associations are members of HARR. HARR was accepted and subsequently registered as a collective management organisation (CMO) by the Minister of National Cultural Heritage on 01. 09. 2000. A statement thereof was published in the 94/2000 issue of the Hungarian Official Gazette. Supervisory body of HARR is the National Intellectual Property Bureau (SZTNH) since 01. 01. 2011.
Prime mission of HARR is to determine and collect fee for both authors and those publishers entitled to share of remuneration whose works having been reproduced by means of photocopying or other similar methods (reprography) and to transfer annual collection to its member organisations respectively which directly represent right holders and those entitled to share. Provisions of the 2016 XCIII Law on Collective Management of Copyright and Related Rights generally regulate the operation of HARR as a collective management organization of rights (CMO). More specifically, legal background of the levy system carried out by HARR and providing compulsory collective management of reproduction right are Paragraphs 21-22 of the 1999. LXXVI. Hungarian Copyright Act.
Obligatory payment of reprographic levy:
According to Article 21 (1) of the Copyright Act, fees shall be paid by the manufacturers of equipment being used for reprography and in case of manufacturing abroad, fees shall be paid by those obliged to pay costume duties for importing such equipment. In lack of custom duty paying obligation, any natural and legal person bringing such equipment into Hungary and also the first domestic distributor of reprographic equipment shall be universally liable for paying reprographic remuneration. Moreover, fees shall be paid by any legal entity or natural persons who operate such equipment on payment. Thus the law - instead of the alternative of practically impossible individual licences or complete prohibition - provides legal licence for users upon payment of a nominal fee (lump sum). The first group of licensees are importers (equipment levy), while the second group contains operators (operator levy). Operator levy extends to copy shops but also educational, cultural or other institutions, natural or legal persons that make photocopying possible on payment. Operator levy is to be paid regardless to the fact that copying machines are owned, rented or leased by the operator, operated by cards, coins or by any other means, and also if copying is made by a customer or by staff.
Equipment suitable for reprography, tariffs, obligation to report:
The scope of devices for which reprographic fee should be collected is defined in the 158/2000 (IX. 13.) Government Decree amended in 2004. Currently that circle of equipment include photocopiers, printers and multifunctional machines
Annual rates of tariffs set by HARR are endorsed by the Minister of Justice (IM) following an accepting procedure carried out by the National Bureau of Intellectual Property (SZTNH). Tariff rates are published in the Hungarian Official Gazette.
Chapter I and II of the tariff table contain the rate of fees and Chapter III contains general regulations. Both importers and operators are obliged to submit reports necessary for calculating royalty payment by filling out and returning forms provided by HARR. These datasheets will be sent out upon request to clients by post or electronic mail, or could be downloaded from this homepage. Upon receipt of information provided in the forms a notice of payment shall be posted by HARR including 27% VAT. Upon receipt of payment an invoice is issued and sent to the customer. Sanctions subsequent to false or failed declarations or concerning non-payments are defined in Paragraph 22 of the Copyright Act.
Right holders (authors) and entities entitled for share of remunerations:
Authors of print and image based works (e.g. written works, literature, lyrics, newspaper articles, works of fine art, professional and scientific studies or illustrations published in books and periodicals) presumably being reproduced by means of photocopying or similar methods are entitled to receive the collected revenues. Furthermore, those publishers being in legal relationship with authors are also entitled for share of remuneration under certain conditions defined by Article 12 (3) of the 2016 XCIII Law on Collective management of Copyright and Related Rights and Articles 21 (6-8) of the LXXVI Hungarian Copyright Act. HARR is a non-governmental, non-profit organisation which once in every year transfer previous year's collections to its member societies directly representing right holders (authors) and entities entitled to share of remuneration (publishers). These societies' respective share from collected revenues is determined by the regulations of Article 21 (6) of the Copyright Act and by a mutual and annual agreement among them. Distribution to individual right holders is carried out independently by the member associations according to their own distribution code as registry of works and right holders are held by them.