Edit Sápi*

Abstract

The most important purpose of copyright law is the creating of the legal balance between the interests of authors, users, and the public. Because of this aim the Act LXXVI of 1999 on Copyright (henceforward: Copyright Act) includes many warranty regulations for the parties, especially for authors.

The Section 48 of the Hungarian Copyright Act declares the so-called ’best-seller clause’, which is one of the most important warranty legal institution. The legal regulation is the following: „According to the general provisions of civil law, the court may amend the license agreement even if such an agreement infringes the author’s substantial lawful interest in having a proportional share in the income resulting from the use because the difference in value between the services provided by the parties becomes strikingly great as a result of the considerable increase in the demand for the use of the work following the conclusion of the agreement.”

According to a regulation of the Copyright Act, the provisions of the Civil Code shall be applied to matters not regulated by the Copyright Act. Because of this regulation, certain provisions of the Copyright Act shall be interpreted in accordance with the relevant regulations of the Civil Code.

 

* Lector la Universitatea in Miskolc, Catedra de Drept civil, doctorand la Universitatea din Miskolc, Școala doctorală de drept Deák Ferenc, tema de cercetare: legea dreptului de autor, contractele de drepturi de autor. e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.; This email address is being protected from spambots. You need JavaScript enabled to view it.

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