New Hungarian copyright model is food for thought

May 2006

Internet, record labels, music publishing

Hungary’s National Association for Consumer Protection (NACPH), a not for profit, politically independent non governmental organization (NGO) in Hungary has published an agreement with Hungary’s Socoiety Artisjus Hungarian Bureau for the Protection of Authors’ Rights (ARTISJUS) the Hungarian association of composers, lyricists and music publishers. As P2PNet report “it’s refreshing to come across an agreement between artists and music lovers in which strenuous efforts appear to have been made by both sides to be fair and reasonable”. Amongst other things, the accord states that “ If commercial exploiters of music restrict the playing or use of musical recordings via technological measures, it should only take place by means accepted by consumers as well. This is the only way to communicate music to the widest possible public which is a primary interest of authors and that “consumers are to be protected when they copy music for their private needs, even if they use an illegal source in good faith. Private copying is fair and not contrary to the general requirements of copyright exceptions as long as it does not exceed the extent needed for one’s own enjoyment of works and that of the family or close friends, respectively. The private copying exception does not cover the dissemination (communication) of digital copies, e.g. via file sharing. The accord also adds “the private copying levy paid for blank media is an adequate tool for balancing between different interests, as it makes possible consumers’ protection as well. This levy is justified as long as consumer private copying is technically possible.”

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