Council of Copyright Experts
Disputes over copyright matters are complicated, assuming to take into consideration several aspects at the same time and therefore require special expertise.
The Council of Copyright Experts (hereinafter referred as to: Council) generally provides advisory opinion in copyright disputes for the request of courts and other authorities, however an opinion can be requested by the parties concerned in out-of-courts disputes or before dispute settlement as well. An advisory opinion can help in solving the arising disputes (or even to avoid a long and costly court procedure) since it can give a lead about the legal adjudication of the case and may indicate a way to settle it.
Even more preferred when the parties have an agreement to turn to the Council with the disputed copyright matter and decide to accept the Council’s decision as binding upon them (similarly to a resolution in arbitration). Each party may turn to the Council on its own accord as well, however, the other party is not obliged to accept the resolution concluded by the Council. In this case the disputed matter still can be taken to court where the resolution facilitates, or could determine the court’s decision.
Please note that the official language of the Council is Hungarian and the opinions are based on the Hungarian legislation in force. However, in case you may need the opinion in English or any other language, an attested translation can be obtained at the Hungarian Office for Translation and Attestation (OFFI).
In order to request an advisory opinion, please contact the Secretariat of the Council.
Contact Information
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Mail: |
Hungary, 1081 Budapest, II. János Pál pápa tér 7. |
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Phone number: |
+36 (20) 359 3020 |
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Fax: |
+36 (1) 474 5965 |
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E-mail: |
Persons responsible
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Position |
Name |
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Chairman |
Dr. Gábor Faludi |
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Vice Chairman |
Dr. Csaba Sár |
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Secretary |
Dr. Villő Bujdosó |
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Deputy Secretary |
Dr. Farkas Vincze |
Expert activity is considered a taxable activity under the Act No. CXXVII of 2007 on Value Added Tax. Accordingly, the Office (not the Board) issues an invoice for the fee established in the annex to Decree No. 156/1999. (XI. 3.) of the Goverment on Structure and Operation of the Council of Copyright Experts, amounting to HUF 148,500 + VAT in the case of a single expert, HUF 243,000 + VAT in the case of a three-member panel, and HUF 384,500 + VAT in the case of a five-member panel, with a payment obligation within 8 days. In the case of a commission (not an official or court appointment), the fee is determined by the chairman, taking into account
the circumstances of the case.
After the payment of the fee, the acting panel prepares the expert opinion.
The Board’s acting panels do not account for fees based on regulations concerning the remuneration of judicial or case experts,
where, for example, the expert must submit a detailed fee statement.
First, the main function of the Council is an expert witness activity during judicial procedures (as one of the modes of proof). When the court has no special expertise to determine or judge significant facts or other circumstances, the legal opportunity is opened to appoint an expert witness.
Second, besides the authorities, upon request, the Council provides an expert opinion in extrajudicial procedures on issues and professional questions arising, mainly concerning the exercise of right of use. (The method and the opinion of the Council are analogous to the ‘expert determination’ which can be achieved by one of the alternative dispute resolution procedures of the World Intellectual Property Office.)
Third, as the mediation function of the Council, if no agreement on remuneration and other terms and conditions of use is reached between the user and rightholder, or between the users or their representative organisations and collecting management organisations, either party may turn to the Mediation Board of the Council. The objective of the procedure of the Mediation Board aims to facilitate an agreement between the parties.
This function of the Council is in compliance with the Article 11 of the “Satellite and Cable Directive” (Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission).
The Council operates attached to HIPO, however, it is a professionally independent organ.
Is the work protected by copyright?
How much is the loss / damage?
Are the payments proportionate to use of works?
Who are the rightholders / aggrieved parties?
What are the copyright-related aspects of internet protocol television (IPTV), personal video recorder (PVR), time-shifting, or set-top box?
Is the digital cable retransmission defined to be a separated use of work from the analogue cable retransmission? Does user shall pay for both of them, two times?
