Extended collective management of rights
Under Hungarian law, if a representative collective management organisation, within the scope determined in the relevant administrative permit, grants a user a licence to use or enforces claims for remuneration against the user, this user shall also be entitled to use works and subject matter of related rights of the same genre – falling under collective management of rights either under the provisions of the act or as a result of the rightholders’ decision – of all rightholders covered by the collective management activity of the representative collective management organisation, subject to disbursing the pertaining remuneration under the same conditions, regardless of whether a given rightholder has mandated this representative collective management organisation to manage the right concerned (extended collective management of rights).
If the representative collective management organisation manages the right of a rightholder who did not give specific mandate to manage their right within the scope of extended collective management, this rightholder shall have the same rights than rightholders that did give such specific mandate. The provisions of the statutes and by-laws of the representative collective management organisation pertaining to the collective management of rights shall be applicable also to rightholders so represented.
The rightholder referred to in the previous paragraph, except for cases of compulsory collective management, may raise objection to licensing their works and subject matter of related rights in the scope of extended collective management of rights in a declaration incorporated in a private document with full evidential power addressed to the collective management organisation acting on the basis of extended collective management of rights. The rightholder my raise the objection addressed to the collective management organisation at any time, however the objection taking effect on the fifth day following the date of receiption by the collective management organisation. In the case of already concluded licencing agreements covered by the objection, the objection shall, unless otherwise agreed, take effect on the last day of the relevant calendar semester, provided that the objection is raised before the last day of the first three months of that semester. An objection made after the last day of the first three months of a calendar semester takes effect on the last day of the following calendar semester.
The scope of the declaration of objection must cover all works and subject matter of related rights belonging to the given type of works and subject matter of related rights.
If the rightholder raises objection to the collective management of rights and is entitled to remuneration on the basis of a use, or of a licence issued, prior to the objection taking effect, the rightholder shall preserve in relation to the given collective management organisation their rights granted to them in this act in respect of their remuneration, regardless of the objection.
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