HUNGARY Law and Practice Contributed by: Katalin Andreides, Andreides Law
1. Art Law Framework 1.1 Relevant Authorities and Legislation Hungary is a signatory of the 1954 and 1999 Protocols to the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflicts (the “Hague Convention”); the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (the “UNESCO Convention”); and the 1995 Conven - tion on Stolen or Illegally Exported Cultural Objects adopted by the International Institute for Private Law (the “UNIDROIT Convention”). Hungary has ratified the 2017 Council of Europe Convention on Offences relating to Cultural Property (the “Nicosia Conven - tion”). Hungary is also a member the Berne Convention for the Protection of Literary and Artistic Works, adopted in 1886. It has endorsed the Washington Conference Principles on Nazi-Confiscated Art of 1998. As an EU member state, Hungary has incorporated the EU Directive on the return of cultural objects unlawfully removed from the territory of a member state (Directive 2014/60/EU). It has adhered to the EU export/import control system for cultural objects (EC Regulation 116/2009 and EU Regulation 2019/880), and is subject to the Brussels I Regulation on the EU Jurisdictional Regime (EU Regulation 1215/2012). In addition, Hungary applies the European Union’s rules on intra-community acquisitions of works of art, collectors’ items and antiques (Directive 2006/112/ EC), is subject to the EU anti-money laundering regime (EU Regulation 2024/1624), and must observe the new EU Artificial Intelligence Act (EU Regulation 2024/1689) adopted in May 2024. Further, in Hungary, EU rules apply on online-only auctions and, in accord - ance with Directive 2011/83/EU, the country provides extensive consumer protection in respect of distance selling contracts. Art transactions governed by Hungarian law are sub - ject to the Hungarian Civil Code (Act V of 2013 of the Civil Code). Other important domestic rules relevant for art, antiques and collectibles include Act LXIV of 2001 on the Protection of Cultural Heritage, Act LXXX -
VI of 1999 on Copyright and Act XIII of 2019 on Asset Management Foundations.
2. Rights to Artworks 2.1 Artists’ Rights Over Their Art
Artists are entitled to all copyright protections from the moment the work is created, including moral and economic rights. Artists’ moral rights include the right to publish the artwork, the protection of its integrity, the right to have their name credited, and the exercise of their personal rights. Moral rights are inalienable, intangible and unlimited in time. In addition, artists have the exclusive right to use the work in whole or in identifiable parts, whether in mate - rial or non-material form, and to authorise any type of use, for which the author is entitled to remunera - tion. Usage includes reproduction, distribution, public performance, communication to the public, adapta - tion and exhibition. Unless otherwise specified by the Copyright Act, permission for third-party use must be obtained through a licensing agreement. Economic rights are exercised by the artists during their lifetime and by their successors in title thereafter. The Hungarian Copyright Act defines cases of free use, which allow access to works under specific con - ditions before the expiration of the protection period, without charge and without the artist’s permission (eg, citation, use for educational purposes and copying for private or institutional purposes). However, free use is strictly limited, as it must not directly or indirectly serve the purpose of generating or increasing income. Copyrights are protected during the artist’s lifetime and for 70 years after their death. The 70-year pro - tection period is calculated from the first day of the year following the author’s death. Once the protection period expires, the work enters the public domain, allowing anyone to use it, including reproducing and distributing it. According to the EU Directive on copyright in the dig - ital single market (Directive 2019/790/EU), content- sharing platforms are now not permitted to display unlicensed copyrighted content on behalf of users.
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