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, with a minimum of six months' notice taking effect on the first day of the year following the fiscal year in which the declaration was served.
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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