|
Hungarian Alliance Of Reprographic Rights
Address: H-1012 Budapest, Pálya u. 4-6.
Postal address: H-1276 Budapest, Pf. 71.
Tel.: +36-1-2147363 Fax: +36-1-2018717
E-mail: emeresz@axelero.hu
Collective administration of reprographic rights:
Hungarian Alliance Of Reprographic Rights (HARR) (in
Hungarian: Magyar Reprográfiai Szövetség - RSZ) commenced
its operation on 8th of November, 2000. Members of
the alliance are: ARTISJUS Hungarian Bureau for the
Protection of Auhors' Rights (musical rights), HUNGART
Society of Hungarian Creative Artists (visual arts)
and MASZRE Reprographic Society of the Hungarian Book
and Periodical Writers and Publishers. (representing
literary writers and publishers, scientific writers
and publishers) HARR acquires control over reprographic
rights of individual authors and publishers through
their representative and already existing societies
in which they are members and which themselves are
members of HARR. HARR was accepted and subsequently
registered as an organisation for collective administration
of rights 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.
The prime mission of the alliance is, on the basis
of the authorization vested in an organisation providing
centralised managmet of reproduction and related rights
by the Articles 21. (1), (3) and (5) of the 1999. LXXVI.
Hungarian Copyright Act, to determine and collect remunerations
for authors and publishers whose works have been reproduced
by means of photocopying or other similiar methods
(reprography). Photocopying and reproduction of printed
works has come to an extent and has become so widespread
nationwide that the introduction of a new legal institution
of a so called reprographic fee was unavoidable in
Hungary. The scope of equipments for which reprographic
fee should be collected is defined in the 197/2004.
(VI. 22.) Government Decree. Currently the defined
equipments are photocopyers, printers and multifunctional
equipments.
Licensees:
According to Article 21. (1) of the Copyright Act,
fees shall be paid by the manufacturers of equipments
being used for reprogaphy and in case of manufacturing
abroad, fees shall be paid by those obliged to pay
costume duties for importing such equipments. Since
01. 05. 2005 besides importers in lack of custom duty
paying obligation both any natural and legal person
bringing such equipments into Hungary and also the
first domestic distributor of reprographic equipments
shall be universally liable for paying reprographic
remuneration. Moreover, fees shall be paid by any legal
entity or person who operate such equipments on payment.
Thus the law - instead of the alternative of practicaly
impossible individual licenses or complete prohibition
- provide legal licence for the users upon payment
of a nominal fee (lump sum). The first group of licensees
are importers (equipment levy). The other ones are
operators (operator levy), for instance copy shops
but also educational or cultural institutions if they
make photocopying possible on payment. Operator levy
is to be paid even if the copying machine is not owned
but rented or leased by the operator or even if it
is operated with coins or cards.
Tariffs, datasheets:
Annual rates of tariffs worked out by HARR are being
accepted and endorsed by tha Minister of National Cultural
Heritage and published in the Hungarian Official Gazette.
Chapter I. and II. of the table contains the rate of
fees and Chapter III. contains general regulations.
Both importers and operators are to submit their reports
neccessary for calculating royalty payment by filling
out and returning the forms provided by HARR. These
datasheets will be send 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 20% VAT. Once payment is recevied an
invoice is issued and sent to the customer. Sanctions
subsequent to false or failed declarations or concerning
non-payments are defined in Article 22. of the Copyright
Act.
Rightsholders:
Authors and publishers of works presumably being reproduced
by means of photocopying or similiar methods are entitled
to the collected revenues. These are the written works,
sheet music, pieces of music, works of fine art, professional
and scientific studies or illustrations published in
books and periodicals, in other words the works expressed
by letters, graphics or photography. HARR is a non-governmental,
non-profit organisation which once in every year transfer
privious year's collections to its member societies
directly representing rightholders (authors, publishers).
These societies' respective share in distribution is
determined by the regulations of Article 21. (5) of
the Copyright Act and by the mutual and annual agreement
among them. Filing works and forwarding payment to
individual rightholders in person is carried out indepedently
by the member societies according to their distribution
code.
|