HUNGARY Law and Practice Contributed by: Katalin Andreides, Andreides Law
3.2 Registering Artwork Copyright is automatically established when a work is created, without any need for registration. However, artists or holders of related rights can choose to vol - untarily register their works with the Hungarian Intel - lectual Property Office. Upon registration, the Office issues a certificate that serves as proof of the appli - cant’s status as the copyright holder on the date the certificate was issued, along with the specific content attached to it. This certificate helps artists establish evidence of authorship or entitlement, although it does not grant copyright or any other form of intel - lectual property protection. To apply for voluntary registration, the applicant must complete the form provided by the Office and submit it either in person, by mail or through the designated electronic administration system. An administrative fee of HUF6,750 is required for this service. The author has the right to request the revocation of the certificate at any time, free of charge. Additionally, with the author’s written consent, the Office may pub - lish the information provided on the form and compile a public database for informational purposes. If a court definitively rules on the identity of the author in legal proceedings, and this identity differs from the person listed in the voluntary registry, the right - ful author may request the removal of the incorrectly listed individual from the registry. 3.3 Resale Right Resale royalty applies only to subsequent sales, not the artist’s original sale, and cannot be waived. It is payable to the artist or heirs for 70 years after their death. The royalty rate starts at 4% for sales up to EUR50,000, decreasing to 0.25% beyond EUR500,000, with a maximum cap of EUR12,500. Sales below HUF5,000 are exempt. Professional deal - ers must pay royalties to the national collection soci - ety, regardless of whether the buyer or seller covers the cost. 3.4 Using Copyrighted Images Under the Copyright Act of 1999 (Act LXXVI), the author – or, after their death, their successor – holds the exclusive right to use the work and to authorise
others to use it. The term “use” includes various forms of exploitation, such as the reproduction of the work. For example, including a reproduction of an artwork in an auction catalogue is considered a form of repro - duction. This type of use requires the permission of the author or their successor, or, in certain cases specified by law, the authorisation of an association representing the copyright holders. In Hungary, this role is fulfilled by HUNGART Collecting Society of Hungarian Visual Artists. HUNGART is empowered to grant permission for specific uses of works by artists and rights holders. In certain situations, and based on the creators’ deci - sions, HUNGART is also authorised to grant usage permissions and to enforce remuneration claims on behalf of the artists. 4. Authentication of Artworks 4.1 Posthumous Rights to Authenticate Artwork In Hungary, the authentication of artworks by deceased artists is not governed by specific legislation. Tradi - tionally, the Museum of Fine Arts in Budapest pro - vided authentication services from its opening in 1908 until September 2008. However, these services have been discontinued since then. It is important to note that while certificates of authen - ticity can be issued by various parties – including art - ists, their heirs, auction houses and galleries – the credibility of such certificates heavily depends on the issuer’s reputation and the thoroughness of the accompanying documentation. Specific court rulings on the authentication process itself are limited. 4.2 Art Authentication The inclusion or exclusion of artworks in a catalogue raisonné involves the exercise of moral rights and is generally viewed as an expression of expert opinion, not a legal obligation. A catalogue raisonné is a schol - arly work, with inclusion decisions based on subjec - tive assessments of authenticity, provenance and artistic value. Courts typically respect the discretion of art experts and foundations in authentication mat -
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