Request for license to use orphan works

Works (such as novels, films, songs, short stories) are automatically under copyright protection from the date of their creation. In case the author is unknown or we do not have information on the known author’s whereabouts, the work shall be considered an orphan work. Under such circumstances, the license of use may be granted by the Hungarian Intellectual Property Office.

Kulcsszavak: copyright, license, orphan works, unknown author, diligent search

Requests for such a license may be submitted by any natural or legal person or their representative. As of 1 January 2018, economic organizations, legal representatives of the clients and public entities may submit such requests only electronically.

The request for license to use orphan works needs to be filed at the Hungarian Intellectual Property Office.

The possibility of electronic administration is available through the electronic administration system of the Hungarian Intellectual Property Office (HIPO) (available only in Hungarian)

Electronic submissions may be filed with the HIPO only by using the free-of-charge form provided for this purpose. The form can be accessed by clicking the Electronically button.

In proceedings before the HIPO, electronic communication is possible only in a manner linked to identification, except for requests for information and their execution, as well as international patent cases.

Identification can be done in the following ways:

User identification system created by the HIPO, based on a one-time re-identification with the Central Authentication Agent.

Electronic signature with enhanced security is a minimum requirement.

When turning to the HIPO after identification through a partner card or the Central Authentication Agent, the HIPO will send its decisions, notifications and other calls made during the procedure to the client’s official electronic storage space.

It is important to emphasize that in case of identification with an electronic signature, the HIPO cannot communicate with its clients electronically and can deliver its decisions only on paper.

The filing procedure is as follows:

1. Download the form to your device. Filling out the form in a web browser is not recommended.

2. Login to the electronic administration system of the HIPO by using the Central Authorization Agent, partner card or electronic signature. If you have an electronic signature, please choose identification using an electronic signature with enhanced security.

3. Upload the filled form into the system. Based on the attachments marked in the form, a table will appear in which the attachments must be uploaded one by one. If you have already compiled these into a directory, you will easily find the right documents.

The size of files that can be attached to forms cannot exceed 150 MB each. The total size of the submission and all attachments may not exceed 300MB.

4. Indicate that you really intended to compile this submission, or look at the HTML submission summary.

The system compiles your submission, encrypts it and sends it to HIPO. HIPO sends an automatic notification about the arrival of the submission.

For more information on orphan works, please visit: https://www.sztnh.gov.hu/en/copyrights-and-related-rights/orphan-works

The duration of the process is 60 days.

Authorization in case of a representative/attorney, licensing agreements between the known authors and the applicant, proof that a diligent search for the author was carried out with no success.

The administration fee of the proceeding is

HUF 30 000 in case the permitted use is not intended directly or indirectly to earn or to increase income;

HUF 92 500 in case the permitted use is intended directly or indirectly to earn or to increase income.

Hungarian Intellectual Property Office

No prosecutor’s intervention and action under the Act on the Prosecution Service may be taken against the decisions of the HIPO. The resolutions of the HIPO, and its rulings which can be appealed independently pursuant to the Act on General Public Administration Procedures shall be reviewed by the court in non-contentious proceedings. The fee of the review procedure is HUF 10 500.

Act LXXVI of 1999 on Copyright, Chapter IV/A.

Government Decree No. 138/2014. (IV.30.) on the detailed provisions of the use of orphan works

Act CL of 2016 on Act on General Public Administration Procedure

SZTNH