Copyright and TV broadcasting: who owns a programme and why pay?
How does a channel get from the rights holder to the viewer? A plain-language look at distribution rights, royalties, collective management and private copying.
In short
- TV programmes are protected by copyright and related rights; distributing them requires the rights holders' permission.
- The provider pays broadcasters for the channels and – where the law requires – collective management organisations for the works included in programmes.
- The private copying exception does not extend to content from unauthorised sources, and circumventing copy protection is prohibited.
Who owns a TV programme?
Many rights holders stand behind a single TV programme. For a film, for example, the director, screenwriter, composer, performers and producer; for a sports broadcast, the event organiser and the broadcaster producing the coverage. The channel's broadcast itself is protected by the broadcasting organisation's so-called related right.
In Hungary, these rights are governed by Act LXXVI of 1999 on Copyright (Szjt.), in line with EU directives.
How does a provider obtain the rights?
- Agreements with broadcastersFor each channel, the provider agrees in which territory, on which devices and with which features (for example catch-up) it may distribute the broadcast, and how much it pays for it.
- Royalties to collective management organisationsFor music, performances and other works included in programmes, royalties must be paid via collective management organisations in the cases set out by law.
- Complying with the conditionsLicence agreements also set geographic restrictions, the number of simultaneous streams and copy protection requirements. The provider is responsible for complying with them.
Why does the offer differ from country to country?
Rights are usually sold country by country or region by region. That is why a programme may be available in one country but not in another. Within the European Union, the portability regulation helps during temporary travel; read more in watching TV abroad.
What can viewers do and not do?
| Activity | Assessment |
|---|---|
| Watching programmes through a legal provider | Allowed – that is what the subscription is for |
| Using the provider's recording or catch-up feature | Allowed – the provider offers it under agreements with rights holders |
| A private copy from a legal source | Permitted within the limits set by law, but not from an unauthorised source |
| Circumventing copy protection (DRM) | Prohibited |
| Passing on, publicly sharing or re-streaming a programme | Prohibited without the rights holder's permission |
| Showing TV in a public place with a residential subscription | Requires separate permission, see: TV in public places |
Account sharing
A subscription is usually for one household or one subscriber. Whether the account may be shared with other people and on how many devices it can be used at the same time is set out in the provider's terms and conditions. Sharing outside the household may be a breach of contract.
Please note: this article is general information and does not constitute legal advice. Laws and regulatory practice may change; for a specific case, consult a legal professional or the competent authority.
Frequently asked questions
Can I record a TV programme for myself?
Yes, with the recording feature offered by the provider. Private copying is permitted within the limits set by law, but it does not extend to unauthorised sources, and circumventing copy protection is prohibited.
Can I share my password with friends?
This is determined by the provider's terms and conditions. A subscription is usually for one household; sharing outside the household may count as a breach of contract.
What is collective rights management?
A system in which organisations license uses on behalf of authors, performers and other rights holders, and collect and distribute royalties. In Hungary, one example is Artisjus for composers and lyricists.
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