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Questions and answers on the distribution of private copy levies
and remunerations for cable retransmission |
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| Who is regarded as "rightholder" according to the Distribution Rules of FilmJus? |
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Rightholders are audiovisual directors, directors of photography, filmwriters, costume and set designers, filmproducers and their legal successors. |
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| Who is regarded as "filmwriter" according to the Distribution Rules of FilmJus? |
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Filmwriters are the writers/poets of the pre-existing work, the screenwriters (including the writers of the literary script and the technical scriptment and furthermore the leader writers, screenwriters as well), dubbers/translators in case of works dubbed into Hungarian (including the writer of the Hungarian text), translators, scenario editors, character/puppet designers in case of animated films, furthermore editors (including the senior editor, presenter) in case they made creative contributions to the production of the whole audiovisual work. |
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| Who is regarded as "filmproducer"? |
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The definition of filmproducer is determined by Act LXXVI of 1999 on Copyright. According to Art. 64 (3) "The natural or legal person or the business company having no legal personality who or which, on their own behalf, initiates and organizes the creation of the film and provides therefor the necessary financial and other conditions shall be regarded to be the producer of the film (hereinafter referred to as 'the producer')". |
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| What does the "retransmission year" mean? |
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Retransmission year is the year, when the remuneration arises.
Based on this, for example, at time of the distribution of private copy levies originating from 2014, FilmJus takes into account those tv channels that have nationwide coverage area according to the Hungarian National Media and Infocommunications Authority.
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| From where does FilmJus get information about the rightholders of an audiovisual work? |
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FilmJus receives the most reliable information from filmproducers regarding the authors and producers of an audiovisual work and furthermore - what is also very important - the data about the royalty share of each rightholder (in case the work had more authors in the same role, the percentage of their royalty share has to be determined). If the producer is the member of FilmJus society, it shall report the producted works, based on the Statutes of FilmJus. Therefore, we would like to ask filmproducers to report their works on the work sheet of FilmJus that is available on this website. We kindly ask you to print and fill in this form and send one original, signed copy by post to FilmJus.
Works that were subsidized and produced before 1989 are now managed by MANDA (Hungarian National Digital Archives and Filminstitute), which became the legal successor of the producers.
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| When does the distribution of private copy levies and cable retransmission remunerations take place? |
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The distribution of private copy levies and cable remunerations due to a particular retransmission year takes place the next year, after the monitoring of a retransmission year is finalized and controlled and after FilmJus received its royalty share from Artisjus. So, for example, the distribution of private copy levies and cable remunerations - that derive from the retransmission year of 2013 - took place in 2014. |
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| What amount does FilmJus deduct from the private copy levies and cable retransmission remunerations and for what purposes is it used? |
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FilmJus deducts administration cost and an additional fee (maximum 2%) as a reserve fund.
The administration costs are used for the following purposes (from the retransmission year of 2015 it is 15%): |
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Salary of the employees of FilmJus (data managers, IT, accountants, lawyers) |
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Operational costs that are accepted by the Board (material expenditures, public utility costs, softwares, database developments, etc.) |
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Membership fees of FilmJus regarding international organisations that operate in copyright field (CISAC, FERA, SAA, ProArt) |
FilmJus uses 7,5% of those royalties that remain undistributable in the 6th year from the distribution for social purposes. After the Board accepted, FilmJus transfers this amount to the FilmJus Foundation.
FilmJus Foundation is entitled to use the above described social support for the following purposes: |
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social relief |
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pension contribution (regular support) |
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contribution to voluntary pension fund |
The purpose of the reserve fund is to create a source for those claims that are reasonable and arose after the annual distribution. For example, if FilmJus did not pay remuneration to a rightholder due to missing data (e.g. change of tv programme) or any imputable mistake, but the rightholder raises an objection based on the Distribution Rules of FilmJus and the authorship is proved, FilmJus will pay the remuneration to the rightholder from this reserve fund.
FilmJus supplies the missing part of the reserve fund each year in order to reach 2% of the total collection. |
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| How are the private copy levies and cable remunerations distributed? |
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The basis of the distribution is the Distribution Rules of FilmJus, which is accepted by the Board.
Overview:
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Artisjus transfers the due remuneration to FilmJus, which was collected in the previous year. The due amount is separated according to authorship/role (screenwriter, cinematographic creator - it means director, director of photography, costume and set designers -, producer) and type of remuneration (private copy, cable remuneration). |
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From the received royalties, FilmJus deducts administration cost and then it adds the appropriate share of the bank interest and the lapsed amounts, which remained undistributable in the 6th year from the distribution (Two full-time employees of FilmJus are searching for the unknown authors and producers for 5 years. In the 6th year, FilmJus adds the unknown rightholders' shares to the annual distribution.) |
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An IT programme calculates the royalty share due to one minute per role based on the monitored data (of course the "weight" of the genre is also taken into account).[ For example: In the affected year, the directors' total share is HUF 100 million. Taking into account the weight of the genres, 1 million minutes were broadcast on all monitored channel, which means that the share for one minute is HUF 100. In the affected year, two movies of a particular director were broadcast. One of them has 90 minutes length, which means HUF 9000, while the other one is 65 minutes, so the director will receive HUF 6500. The sum of these amounts will be the due share of that particular director in that particular year. ] |
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Each author and producer receives a notification about his due royalties. The notification indicates the broadcast title, date, channel and the calculated private copy levy and cable remuneration. This amount is due to that particular rigthholder in the affected year. |
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| Until when can I claim my due royalties? |
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If we know the rightholder's name and contact, FilmJus informs the rightholder about the due remuneration. After that FilmJus pays the amount to persons by deducting advance tax payment. In case of companies, invoice with VAT is needed.
In case a calculated royalty was not paid because of any reason, it can be claimed within 5 years, according to the Civil Code.
In reasonable cases, FilmJus may agree with the rightholder or its representative in a shorter deadline, which may not be shorter than 1 year. It happens, when FilmJus concludes a representation contract with a Sister Society in order to collect the due remunerations of Hungarian audiovisual rightholders from abroad, however in that country the term of limitation is shorter than 5 years.
Concerning non-monitored tv channels, the rightholder is entitled to claim cable remuneration, if his work was broadcast on a particular non-monitored channel and if Artisjus society collected cable remuneration for that channel. The claim and the broadcast data shall be confirmed by the affected tv channel.
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| How are the lapsed private copy levies and cable remunerations managed? |
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As soon as the term of limitation is terminated, the lapsed private copy levies and cable remunerations are added to the distributable amounts (received from Artisjus) next year. |
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| How can I raise an objection to FilmJus, if I have problem with the title or the amount of my royalty? |
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The rightholder is entitled to raise an objection to the President of FilmJus, if he has problem with the authorship or the due amount and to the Creation Committee, if the genre of the work is questioned. The objection shall be in written form. In the objection, the claimant's data, the questioned work, the types of remuneration (e.g. private copy levy) and the retransmission year (e.g. the work was broadcast in 2011) shall be indicated. The objection shall be proved by the claimant. |
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| Private Copy Levy |
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| What is the private copy levy? |
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Private copy levy is due to the private copy of audiovisual and other types of works. The purpose of the levy is to compensate the authors, film and phonogram producers, whose works are not bought by customers in form of e.g. DVD, but are recorded by the public from tv channel for free. |
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| Who pays the private copy levy? |
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The levy shall be paid by the manufacturer, importer or distributor of the blank video and audio carrier. |
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| Which organisation collects the levy? |
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Artisjus society collects these amounts. FilmJus receives its share from Artisjus that is due for filmdirectors, screenwriters, costume-set designers, directors of photography and filmproducers and after that it distributes the levy to the affected rightholders. |
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| How does FilmJus distribute the levy among the rightholders? |
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See at "distribution of private copy levy" tree diagram and at the Distribution Rules of FilmJus. |
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| For which tv broadcasts does FilmJus distribute private copy levy? |
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The society distributes levy for those tv channels that were monitored by FilmJus in the affected retransmission year. Monitoring means that FilmJus collects broadcast data from tv channels, like MTVA and from other data sources, like MTI, tv programme magazines and then it saves the tv programme of the whole year to its own database. |
| Which tv channels are monitored by FilmJus? |
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Those tv channels are monitored, which have nationwide coverage area according to the National Media and Infocommunications Authority. With regard to the retransmission year of 2014, Filmjus pays levy due to the broadcasts at Duna TV, Duna World, M1, M2, RTL Klub, TV2, ATV, Hír TV, Spektrum TV, Sport 1, Sport 2, 4-es csatorna, Storyt 5, EchoTV, Tv Paprika, Minimax. |
| What kind of genres are entitled to levies? |
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Annex 1 of the Distribution Rules contains the genres and their "weights". If the weight is bigger than "0", levy will be distributed for that. The bigger the weight is, the bigger royalty the rightholder will get. |
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| Cable retransmission remuneration |
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| What is cable retransmission remuneration? |
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Cable retransmission remunerations are paid by the cable operators, that transmit the non-coded channels to the households. |
| Which organisation collects the cable remuneration? |
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Artisjus collects it. |
| What is the task of FilmJus concerning cable remunerations? |
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FilmJus receives the cinematographic creators' (filmdirectors, costume-set designers, directors of photography), screenwriters' and filmproducers' shares from Artisjus, then it distributes it among the affected rightholders. |
| How does FilmJus distribute the cable remuneration among the rightholders? |
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See at "distribution of cable retransmission remuneration" tree diagram and at the Distribution Rules of FilmJus. |
| For which tv broadcasts does FilmJus distribute cable remuneration? |
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It depends, due to which tv channels did Artisjus collect cable remuneration for cinematographic creators, screenwriters and filmproducers. The list of these tv channels is sent by Artisjus to FilmJus each year.
Due to some tv channels (that have nationwide coverage area according to the National Media and Infocommunications Authority), FilmJus calculates the royalty of each rightholder based on the monitored data and then it notifies the rightholder about the amount.
In case of other, non-monitored tv channels, FilmJus pays remuneration to the rightholder, if he presents the proper documents that are regulated in the Distribution Rules.
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| What kind of genres are entitled to cable remunerations? |
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Annex 1 of the Distribution Rules contains the genres and their "weights". If the weight is bigger than "0", cable remuneration will be distributed for that. The bigger the weight is, the bigger royalty the rightholder will get. |
| What is the basis of the distribution in case of non-monitored tv channels? |
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The basis is the number of households that are connected to the tv station. This data is sent by Artisjus each year. |
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+36-1-266-6588; +36-1-235-0416;