Law on Copyright and Neighbouring Rights

LAW ON COPYRIGHT AND NEIGHBOURING RIGHTS
(Published in State Gasette No 56/1993; amended No 63/1994, No l 0/1 998,
No 28/2000, No 77/2002)
TITLE ONE
COPYRIGHT
Chapter One
GENERAL PROVISIONS
Subject Matter of the Law
Art. 1. This Law shall govern the relations, related to the creation and distribution of
works of literature, art and science.
Arising of Copyright
Art. 2. Copyright on works of literature, art and science shall arise for the author upon
creation of the work.
Chapter Two
SUBJECT MATTER OF COPYRIGHT
Protected Subjects
Art. 3. (1) Subject matter of copyright shall be any work of literature, art and science,
which is a result of creative activities and is expressed in whatever manner and in whatever
form, such as:
1. literary works, including works of scientific and technical literature, editorials,
columnist works, political essays and the like, and computer programs;
2. musical works;
3. performing art works, such as dramatic works, dramatico-musical
works, pantomimes, choreographic works, etc.;
4. films and other audiovisual works;
5. works of fine art, including works of applied art, design and folklore
artistic crafts;
6. works of architecture;
7. photographic works and works created by a process analogous to
photography;
8. blueprints, maps, sketches, plans and others, relating to architecture, urban
planning, geography, topography, museum activities and to any sphere of science and
techniques;
9. graphic design of publications;
(2) Subject of copyright shall also be the following:
1. translations and adaptations of pre-existing works and folklore;
2. arrangements of musical works and folklore;
LAW ON COPYRIGHT AND NEIGHBOURING RIGHTS(autorised) 3. periodicals, encyclopedias, collections, anthologies, bibliographic works, databases
and others, which include two or more works or products.
(3) Subject of copyright may also be any part of a work under paragraphs
(1) and (2), as well as preliminary drawings, diagrams, and the like.
Exceptions
Art. 4. The following shall not be subject of copyright:
1. legislative and individual enactments of government bodies and official translations
thereof;
2. ideas and concepts;
3. works of folklore;
4. current news, facts, information and data;
Chapter Three
COPYRIGHT OWNERS
Authors and Other Copyright Owners
Art. 5. The author shall be the natural person whose creative endeavours have resulted
in the creation of a literary, artistic or scientific work. Other natural or legal persons may be
owners of copyright only where this Law so provides.
Presumption of Authorship
Art. 6. Until otherwise is proved, the author of a work shall be deemed to be the person
whose name or other identifying mark is shown in the customary manner on the literary, artistic
or scientific work.
Authorship of Works Disclosed under a Pseudonym or Anonymously
Aft. 7. (1) A work may be made available to the public under a pseudonym or
anonymously.
(2) Until the identity of the author is disclosed, his copyright shall be exercised by
the natural or legal person, who first has made the work available to the public with the author’s
consent.
(3) The provision of paragraph (2) shall not apply if the pseudonym leaves no doubt
as to the identity of the author.
Joint authorship
Art. 8. (1) The copyright in a work created by two or more persons shall belong jointly
to them irrespectively whether the work is indivisible or consists of parts of autonomous
significance.
(2) The consent of all authors shall be required for every instance of use or revision
of the work. In the event of the authors failing to reach agreement among them, the court shall
decide the issue.
LAW ON COPYRIGHT AND NEIGHBOURING RIGHTS(autorised) (3) If authorization has been granted to use a literary, artistic or scientific work in a
given manner, or a court ruling has been rendered to that effect, no one of the co-authors shall
be entitled without reasonable grounds to object to that work’s use in such manner.
(4) The compensation payable to the authors for the use of their work shall be
distributed among them in shares by mutual agreement. If no agreement thereon is reached, it
shall be deemed that all co-authors are entitled to equal shares. In the event of dispute,
individual shares shall be fixed by court pursuant to each author’s contribution.
(5) Whenever a work created by co-authors consists of parts of autonomous
significance, each co-author may permit the individual use of his own component unless all the
authors have agreed otherwise and unless the individual use does not prejudice the use of the
joint work.
Copyright in Translations and Adaptations
Art. 9. The copyright on translation or adaptation shall belong to the person, who has
made the translation or adaptation without prejudice to the rights of the author of the original
work. This shall not deprive other persons of the right to make independently their own
translation or adaptation of the same work.
Copyright in Periodicals and Encyclopaedias
Aft. 10. The copyright in periodicals and encyclopaedias shall belong to the physical
person or the legal entity responsible for the creation and publication of the work. The
copyright in individual components included in such publications, having the nature of literary,
artistic or scientific works shall belong to the individual authors thereof.
Copyright in Collections,
Anthologies, Bibliographic Works and Databases
Art. 11. (1) The copyright in collections, anthologies, bibliographic works, databases
and other similar material shall belong to the person who has collected or arranged the works
and/or material contained therein unless otherwise agreed in a contract. The copyright in the
individual parts of which such a work may consist and which themselves constitute works of
literature, art and science shall belong to the individual authors thereof.
(2) Unless provided otherwise by law, works and parts of works thereof may not be
included in collections without the consent of their authors.
Copyright in Works of Fine Art and Architecture
Art. 12. The copyright in works of fine art and architecture shall belong to the person
who has created the work, including where the works are the property of another person.
Copyright in Portraits
Art. 13. The copyright in a work of fine art or photography, constituting the portrait of
a person other than the author, shall belong to the author of the work. The author may
negotiate terms for the use of such works with the person who appears in the portrait.
Copyright in Computer Programs and Databases
Developed under an Employment Contract
LAW ON COPYRIGHT AND NEIGHBOURING RIGHTS(autorised) Art. 14. Unless otherwise agreed, the copyright in computer programs and databases
developed under an employment contract shall belong to the employer.
Chapter Four
CONTENTS OF COPYRIGHT
Section I
Moral Rights
Types of Moral Copyright
Aft. 15. (1) The author shall be entitled to:
1. decide whether his work may be made available to the public and to determine
when, where and how that may be done except for the subject matter of copyright under Art. 3
(1), items 4, 6 and 8, for which such rights shall be arranged by contract;
2. claim the copyright in such work;
3. decide whether such works shall be made available to the public under
a pseudonym or anonymously;
4. require that his name, his pseudonym or other identifying mark be mentioned in
a suitable manner whenever his work is used;
5. require that the integrity of his work be preserved and object to any changes
therein, as well as to any other action which might violate his legitimate interests or personal
reputation;
6. make alterations in the work in so far as the acquired rights of other persons are
not thereby prejudiced;
7. have access to the original of the work when it is in the possession of another
person and whenever such access is necessary for the exercise of any moral or economic right
provided by this Law;
8. stop the use of the work owing to changes in his beliefs, with the exception of
already completed works of architecture, subject to compensation for the damages incurred by
persons who have lawfully obtained the right to use the work.
(2) The author of an architectural design shall not be entitled to object to the wish of
the owner of the completed structure to destroy it, to reconstruct it, to add a superstructure or
annex to it as long as such actions are undertaken in compliance with the relevant laws in
effect.
Non- Transferability of Moral Rights
Art. 16. Moral rights under items 2 and 4 of paragraph (1) of the preceding Article shall
be non-transferable. Transfer of other moral rights may only be explicit and in writing.
Exercise of Moral Rights
After the Death of the Author
Art. 17. After the author’s death and until the expiration of the term of copyright
protection, the moral rights, except for the rights under Art. 15 (1), items 6 and 8, shall be
exercised by the author’s successors.
LAW ON COPYRIGHT AND NEIGHBOURING RIGHTS(autorised) Section II
Economic Rights
Types of Economic Copyright
Art. 18. (1) The author shall have the exclusive right to use the work created by him and
to permit its use by other persons unless this Law provides otherwise.
(2) Acts such as those listed below shall be considered use within the meaning of
paragraph (1):
1. reproduction of the work;
2. distribution of the original of the work or copies thereof among an
unlimited number of persons;
3. public presentation or performance of the work;
4. broadcasting of the work by wireless means;
5. transmission of the work by cable or other technical means;
6. public display of a work of fine art or a work created by photographic or
similar means;
7. translation of the work into another language;
8. modification of the work. Modification means the adaptation of the work
and the making of any alterations to it, as well as the use of the work for the purpose of
creating a new derivative work.
9. implementation of an architectural design by constructing or manufacture of the
object to which it relates.
10. transmission by wireless, cable or other technical means of access to the work,
or part thereof, for the benefit of an unlimited number of persons in a manner that permits such
access to occur in a place and at a time individually chosen by each one of them.
11. importation and exportation of copies of the work in commercial quantities,
irrespective of whether they have been manufactured legally or in violation of the right under
item 1.
(3) There shall be use under paragraph (2) items 3 to 8 inclusive, whenever the acts
described above have been performed in such a manner as to enable an unlimited number of
people to perceive the work.
Termination of the Distribution Right
Art.18a (1) The first sale or other transfer of ownership in the original of the work or a
copy thereof by the right owner or with his consent on the territory of Bulgaria shall terminate
the distribution right regarding the work or copies thereof with the exception of the right to
authorize further rental.
(2) The provision under paragraph 1 shall not prejudice the right provided for by
Art. 20.
(3) The provision of paragraph 1 shall not refer to transmission of originals of the
work or copies thereof in a digital form with regard to material copies of the work made
by the user with the consent of the right owner.
LAW ON COPYRIGHT AND NEIGHBOURING RIGHTS(autorised) Right to Compensation For All Types of Use
Art. 19. The author shall be entitled to compensation for all types of use of his work
and for each subsequent use of the same type.
Resale Right
Art. 20. (1) In case of second and subsequent sales of the original of a work of fine art,
sculpture or engraving through a dealer or by public auction, the author shall be entitled to
compensation in the amount of five per cent of the selling price, unless a higher percentage has
been agreed upon.
(2) The dealer or auctioneer shall inform the author two months prior to the sale of
his work, and shall pay him the compensation due, either directly or through a collective
management society of authors’ rights, providing him with information about the price at which
the work has been sold. The author and the collective management society of authors’ rights
shall not disclose this information if that is the wish of the new owner.
Permitted Cable Transmissions
Art. 21. (1) The authorization for broadcasting of the work by wireless means shall also
include authorization for transmission of the work by cable or other technical means by the
same organization without payment of separate compensation, provided the transmission takes
place simultaneously with the broadcasting in an unabridged and unaltered form, and does not
exceed the boundaries of the area that the broadcasting right has been granted for.
(2) Besides the cases referred to in (1), permission for retransmission of the work by
cable or other technical means, simultaneously with its broadcasting or transmission, in an
unabridged and unaltered form by another organization, shall be granted only through a
collecting society.
Permissible Transmission Via Telecommunication
Satellite
Art. 22. (l) Permission to broadcast a work by wireless means shall also include the
right of the broadcasting organization to transmit the work by a signal sent to a satellite and
back to earth in a manner permitting its reception by the public, either directly and individually
or through an intermediary other than the transmitting authority. This shall only be permissible
where the signal is received through an intermediary, if the author has agreed to grant to the
receiving organization the right to broadcast the work by wireless means, transmit it by cable or
other technical means or otherwise communicate it to the public. In such instances no
compensation shall be required from the organization that transmits the signal to the satellite.
(2) When the signal under (1) is encrypted, the permission shall be considered
granted only if the decrypting device has been provided by the broadcasting organization or
with its consent.
Chapter Five
FREE USE OF WORKS
Permissible Free Uses
LAW ON COPYRIGHT AND NEIGHBOURING RIGHTS(autorised) Art. 23. Free use of works shall be permissible only in the cases specified in this Law,
provided that it does not conflict with the normal exploitation of the work and does not
prejudice the legitimate interests of the copyright holder.
Permissible Free Use without Payment of Compensation
Art. 24. The following shall be permissible without the consent of the copyright holder
and without payment of compensation:
1. Temporary reproduction of works provided the act is transient and incidental,
has no independent significance and is an integral and essential part of a technological process,
and whose sole purpose is to enable:
a) Transmission in a network by an intermediary, or
b) Other lawful use of the work.
2. Use of quotations from other persons’ already disclosed works when criticizing
or reviewing, provided the source and the name of the author are cited unless this turns out to
be impossible. The quotation should be compatible with the usual practice and its extent
should not exceed the one justified by the purpose.
3. Use of parts of published works or of a limited number of works in other works
to the extent justified by the purposes of analysis, comments or scientific research. Such use
shall be permissible only for scientific and educational purposes, provided the source and the
name of the author are cited unless this turns out to be impossible.
4. Use as current information in the press and other mass media of speeches,
reports, sermons and the like and parts thereof, delivered at public meetings, as well as of pleas
before the court provided the source and the name of the author are cited unless this turns
out to be impossible.
5. Use by the mass media of already disclosed articles on current economic,
political or religious issues in case such use has not been explicitly forbidden, provided the
source and the name of the author are cited unless this turns out to be impossible;
6. Reproduction by a photographic, cinematographic or another analogous process,
as well as by way of sound or video recording, of works related to current events, for the
purposes of the mass media, to a limited extent justified by the purposes of information,
provided the source and the name of the author are cited unless this turns out to be impossible.
7. Use of works permanently exhibited on streets, squares and other public places,
excluding mechanical contact copying, as well as their broadcasting by wireless means or
transmission by cable or other technical means, if done for the purposes of information or
another non-commercial purpose.
8. Public presentation and public performance of published works in schools and
other educational establishments, provided that there are no pecuniary revenues and no
compensation is paid to the participants in the preparation and carrying out of the public
presentation or performance.
9. Reproduction in necessary quantities of already published works by public
libraries, schools or other educational establishments, museums and archives with educational
or conservation purposes, provided this use will not serve commercial purposes.
10. Reproduction of already disclosed works in Braille or another analogous
method, if not done for gainful purposes.
LAW ON COPYRIGHT AND NEIGHBOURING RIGHTS(autorised) 11. Permitting access of natural persons to works in collections belonging to
organizations referred to in item 9, provided this is done for scientific purposes and is not of
commercial nature.
12. Ephemeral recording of a work by radio and television organizations to which
the author has granted the right to use the work made by means of their own facilities and for
their own broadcasts and within the framework of the authorization granted. Recordings that
have exceptional documentary character may be preserved in official archives.
13. Use of works for the purposes of national security, in court or administrative
procedures or in the parliamentary practice.
14. Use of works during religious ceremonies or during official ceremonies
organized by the public authorities.
15. Use of a building, which is a work of architecture or a plan of such a building for
the purposes of its reconstruction.
(2) The provisions under paragraph 1 shall not refer to computer programs. The
provisions of Art. 70 and Art. 71 shall be applicable to computer programs.
Permissible Use Against Compensation
Art. 25 (1) The following shall be permissible without the consent of the copyright
holder and against payment of compensation:
1 . Reproduction on paper or similar medium by reprographic or another analogous
process of works with the exception of sheet music, and for no commercial purposes.
2. Reproduction of works on any medium made by a natural person for his private
use and for no commercial purposes.
(2) The provision under paragraph 1, item 2 shall not refer to computer programs
and works of architecture. The provisions of Art. 70. and Art.71 shall be applicable to
computer programs.
Binding the Free Use with Preserving Technical Means of Protection
Art. 25a. The use of works under Art. 24 (1) and Art. 25 (1) may not be carried out in a
manner accompanied by removal, damage, destruction or disruption of technical means of
protection without the consent of the copyright holder.
Compensation for Permissible Free Use
Art. 26. (1) The authors of works recorded on sound or video carriers, as well as the
performers, whose performances are recorded and the producers of sound recordings, and the
producers of the first fixation of recorded films, shall be entitled to a compensation where the
recordings are re-recorded for personal use. The authors and the publishers of any printed
works shall also be entitled to such compensation when these works are reproduced in a
reprographic way for personal use.
(2) The compensation under paragraph (1), first sentence, shall be paid by the
persons manufacturing or importing blank sound or video carriers and apparatuses meant for
recording, and the compensation under paragraph 1, second sentence – by the persons
manufacturing or importing apparatuses meant for reproduction in a reprographic way. The
rate of the compensation is five percent of the production price of the carriers manufactured in
LAW ON COPYRIGHT AND NEIGHBOURING RIGHTS(autorised) the country, and two percent of the production price of the apparatuses manufactured in the
country, accordingly of the customs taxable price base for imported carriers and apparatuses.
(3) The compensations shall be paid to organizations established under Art. 40 by
societies representing different categories of right owners under this Law. These organizations
shall distribute the compensations among their member societies. Prior to the distribution
twenty percent of the collected sum shall be deducted and transferred to the account of the
National Culture Fund.
(4) The distribution of the collected sums among the different categories of right
owners shall be done as follows:
1. of the compensations under paragraph 1, first sentence:
a. one third to the authors;
b. one third to the performers;
c. one third to the producers.
2. of the compensations under paragraph 1, second sentence:
a. fifty percent to the authors;
b. fifty percent to the publishers.
(5) The sums collected under paragraph 1 shall be returned by the collecting
organizations within six months following the arising of the grounds for that:
1. When the levied blank sound and video carriers:
a. have become afterwards subject of an exportation deal without being recorded;
b. have been recorded afterwards in the country by a person who has legitimately
acquired the right to make such recordings and has settled the issue of authors’ and
neighbouring rights related to the recordings;
c. have been purchased by licensed radio or television organizations and recorded
by them, and have remained for the purposes of their own broadcasts;
d. have been purchased by producers of films or other audiovisual works and
recorded by them, and used for their own production or advertising purposes;
e. have already been or will be equipped thereafter with technological means of
protection.
2. When the levied apparatuses intended for recording or reproduction in a
reprographic way:
a. have become afterwards subject of an exportation deal and in case this deal has
been executed prior to their use in the country;
b. have been purchased by public libraries, schools or other educational
establishments, museums and archives;
c. have been purchased by the National Assembly, the National Intelligence
Service, the National Security Service, the Ministry of Defence and the courts.
(6) Apparatuses intended for recording within the meaning of this article shall be
any apparatuses that are intended for recording of works on a sound or video carrier from a
sound or video carrier or from a radio or television broadcast. Apparatuses designated for
reproduction in a reprographic way shall be any devices designated to make copies from
printed materials by means of photocopying or any other means achieving such a result.
Chapter Six
DURATION OF COPYRIGHT
LAW ON COPYRIGHT AND NEIGHBOURING RIGHTS(autorised) General Rule
Art. 27. (1) Copyright shall be protected for the lifetime of the author and for seventy
years after his death.
(2) For works created by two and more authors the term specified in paragraph (1)
shall start upon the death of the last surviving co-author.
Anonymous and Pseudonymous works
Art. 28. The copyright in anonymous or pseudonymous works shall be protected for 70
years after the works are first made available to the public. If the author’s identity is revealed
before the end of this term, or if the pseudonym leaves the author’s identity in no doubt, the
provisions of the preceding Article shall apply.
Computer Programs and Databases
Art. 28a. The copyright in a computer program or database under Art. 14 shall be
protected for 70 years after the work is made available to the public. If the author’s identity is
established before the end of that term, the provisions of Art. 27 shall apply.
Films
Art. 29. (1) The copyright in a film or other audiovisual work shall be protected for 70
years after the death of the last survivor of the group comprising the director, the author of the
screenplay, the director of the photography and the author of the dialogue, and also the
composer if the music was specially made for the film.
Collective Works
Art. 30. (1) The copyright in encyclopaedias, periodicals and other works under Art.
3 (2), item 3, shall be protected for 70 years after their publication.
(2) In the case of works that are published in volumes, parts, issues or instalments,
the term under paragraph (1) shall be calculated for each one individually.
Commencement of Terms
Art. 31. The terms under the preceding Articles of this Chapter shall start to run on
January 1 of the year following the year of the author’s death or, as the case may be, the year in
which the work under Articles 27 to 30 inclusive was made, or made available to the public, or
published.
Inheritance of Copyright
Art. 32. (1) After the author’s death the copyright shall transfer to his successors by
testamentary provision or by operation of the provisions of the Law on Inheritance.
(2) Copyright may be inherited until the expiration of the term of protection.
Exercise of Rights in the Absence of Successors
Art. 33. Where the author has no successors or all of them die prior to the expiration of
the term of protection, copyright shall revert to the State, which shall exercise it through the
Ministry of Culture until the term expires. In case the deceased author or his successor has been
LAW ON COPYRIGHT AND NEIGHBOURING RIGHTS(autorised) a member of a collective management society of rights under this Law, that organization shall
exercise such rights at its own expense until they expire.
Use of Works After the Copyright Has Expired
Art. 34. After the expiration of the term of copyright protection, the works may be used
freely provided that the use does not violate the rights under Art. 15, items 4 and 5, which are
of unlimited duration. The bodies under Art. 33 shall monitor the observance of these rights
and may, exceptionally, permit changes to be made in such works.
Protection of Unpublished Works
Art. 34a. Any person who makes a work available to the public after the term of
copyright protection has expired shall enjoy the rights under Art. 18 if the work has not been
published previously. That right shall be protected for 25 years as from January 1 of the year
following that in which the work is made available to the public.
Chapter Seven
USE OF WORKS
Section I
General Provisions
Author’s Consent for the Use of His Work
Art. 35. A literary, artistic or scientific work may be used with the consent of the author
unless otherwise provided by this Law.
Contracts for Use
Art. 36. (1) Under a contract for use of his work the author grants the user the exclusive
or non-exclusive right to use the work created by him on specific terms and for compensation.
(2) Where an author grants a user the exclusive right to use the work, he may not
use it himself in the manner, for the term or on the territory agreed upon in the contract, nor
may he grant such rights to third persons.
(3) Where an author grants a user the non-exclusive right to use a work, he may
continue to use it himself and also grant third parties the non-exclusive right to use it.
(4) The grant of exclusive rights under paragraph (2) shall be made expressly and in
writing. Where no such provision has been made, it shall be deemed that nonexclusive rights to
use the work have been granted,
(5) In case no term of duration has been specified in the contract, it shall be
assumed that the right to use the work has been granted for three years, and in case of
architectural designs – for five years.
(6) If the contract does not specify a territory on which a user may use the work, the
country of which the user is a national, or the country of the registered office in the case of a
legal person, shall be regarded as that territory.
Effect and Duration of the Contracts
LAW ON COPYRIGHT AND NEIGHBOURING RIGHTS(autorised) Art. 37. (1) A contract under which the author grants the right to use all the works he
may create for the remainder of his lifetime shall be considered null and void.
(2) The duration of the contract for use of a work shall be up to ten years. In case a
longer term of duration has been stipulated in the contract, it shall remain in force for 10 years
only. This limitation shall not apply to contracts for architectural designs.
Amount of Compensation
Art. 38. (1) The compensation of the author may be defined as a portion of the revenue
derived from the use of his work, payable as a fixed lump sum or otherwise.
(2) In case the compensation determined as a lump sum proves to be clearly out of
proportion to the revenue derived from the use of the work, the author may claim an increase in
that compensation. If no agreement can be reached between the parties, the dispute shall be
resolved by the court ruling ex aequo et bono.
Escape from a Contract Before Performance Has Commenced
Art. 39. (1) Where a contract granting exclusive rights does not specify a deadline by
which the user should start to use the work, the author may escape from the contract if use of
his work has not started within two years of the conclusion of the contract or of the delivery of
the work, whichever date is later.
(2) Paragraph (1) shall not apply to architectural designs.
Collective Administration Societies
Aft. 40. (1) Authors may on their own initiative establish societies for collective
administration of authors’ rights and to entrust them with the right to conclude contracts for the
use of their works in one or more ways and to collect compensations.
(2) A publisher to whom the author has granted rights, other than the right to
publish the work, may entrust the management of those rights to a society as described in the
preceding paragraph.
(3) Societies for collective administration of authors’ rights shall be only
associations of authors and other copyright owners. Such organizations shall not operate for
profit, and shall distribute all resources collected from users among their members after having
made the necessary deductions for their own operation. The establishment and functioning of
these organizations shall take place according to the procedures established for non-profit
associations.
(4) All organizations under paragraph (1) shall submit to the Ministry of Culture a
copy of the court ruling by which it was incorporated, and of any subsequent changes thereto,
within two months. The Ministry of Culture shall keep a register of these organizations.
(5) An organization under paragraph (1) shall not deny membership to any person
who is owner of rights that the society administers.
(6) The regulations on the distribution among entitled members of the compensation
collected by the society under paragraph (1) shall be proposed by an elected governing body of
the society and adopted by the general meeting of its members.
(7) Societies under paragraph (1) may represent their own members, comparable
foreign societies with which they have concluded mutual representation contracts, and the
members thereof, before all judicial or administrative bodies whenever the rights that they
administer have to be protected. For the protection of those rights, societies under paragraph
LAW ON COPYRIGHT AND NEIGHBOURING RIGHTS(autorised) (1) may take on behalf of members any legal action, including the filing of claims under
Articles 94 and 95, or may demand the imposition of safeguards under Art. 96a and measures
under Articles 96b, 96c and 96d.
(8) Where this Law stipulates that the author’s consent shall be granted only through
a society for collective administration of rights, the society administering the rights concerned
shall also act on behalf of non-member authors, and shall conduct its relations with those
authors in the same manner as it does with its members.
Work Created under an Employment Contract
Art. 41. (1) Copyright in works created in an employment relationship shall belong to
the author, unless otherwise provided by this Law.
(2) Unless otherwise agreed on in the employment contract, the employer shall have
the exclusive right, without permission from the author and without paying compensation,
except where the contract of employment provides otherwise, to use such a work for his own
purposes. The employer may exercise this right in a manner and to an extent that is consistent
with his customary activity.
(3) Whenever the compensation for the author for the work under paragraph (1)
proves disproportionate to the revenue collected for the use of the work as provided in Art. 38
(2), the author may demand additional compensation. If no agreement can be reached between
the parties, the dispute shall be resolved by the courts ruling ex aequo et bono. .
Commissioned Work
Art. 42. (1) The copyright in a commissioned work shall belong to the author of the
work unless otherwise provided in the commission contract.
(2) Unless otherwise agreed, the commissioner shall have the right to use the work
without the permission of the author, for the purposes for which it has been commissioned.
Section II
Publishing Contract
Definition
Art. 43. Under a publishing contract the author grants the publisher the right to
reproduce and distribute his work, and the publisher undertakes to perform these acts and to
pay the compensation due to the author.
Types
Art. 44. A publishing contract may grant the right to reproduce and distribute a work
that has already been written, or one that the author has undertaken to write.
Expanding the Field of Application
Art. 45. (1) Where under a publishing contract the author has granted a publisher the
right to use the work for other purposes in addition to publishing, the publisher may license the
use of the work for those purposes to third persons if this is explicitly agreed upon.
LAW ON COPYRIGHT AND NEIGHBOURING RIGHTS(autorised) (2) The publisher shall be obliged to notify the author in writing about the transfer
of rights under paragraph (1).
Form
Art. 46. A publishing contract shall be concluded in writing.
Special Non-Mandatory Rules
Art. 47. Unless provided otherwise in the publishing contract, it shall be assumed that:
1. the publisher has been granted the right to publish only one single edition;
2. the publisher has been granted the right to publish the work in a print-run not
exceeding ten thousand copies;
3. compensation amounting to fifteen percent of the retail price of each copy of the
work sold shall be payable to the author;
4. the number of complimentary copies which the publisher shall submit to the
author shall not be fewer than five for each print-run;
5. the publisher shall be entitled to publish the work in the language in which the
work has been delivered to him;
6. the publisher may distribute the work solely on the territory of his country of
nationality or the one in which the registered office is situated in the case of a legal entity.
Amendments
Art. 48. Prior to undertaking a second printing, the publisher shall enable the author to
make any amendments and additions to the work that may be deemed necessary.
Return of Originals Provided for Publication
Art. 49. Unless agreed otherwise in writing, the publisher shall return the originals of
works of fine art, original documents and illustrations and other originals, which have been
provided to him for publication.
Perished Copies
Art. 50. If the reproduced but not yet offered for sale copies of the work perish entirely
or partly through no fault of the publisher, the latter may, within a period of one year, replace
the perished copies without having to pay any compensation to the author.
Termination of a Contract
Art. 51. Unless agreed otherwise, a publishing contract shall be terminated on the date
of its expiration or when the print-run is sold out, or when the last print-run is sold out, if two
or more print-runs have been agreed upon.
Cancellation Prior to Expiration of the Contractual Term
Art. 52. (1) Unless agreed otherwise, the author may unilaterally cancel the publishing
contract, by a notice in writing, where the publishing contract has been concluded for more
than one print-run and the last print-run has been sold out Without subsequent reproduction and
distribution of the work having been undertaken by the publisher within one year, provided that
the author requested the publisher to do so within the same period. A print-run shall be
LAW ON COPYRIGHT AND NEIGHBOURING RIGHTS(autorised) considered sold out whenever the number of unsold copies amounts to no more than five per
cent of the total circulation.
(2) In the cases under paragraph (1), the author shall not be required to refund any
compensation already received.
Publication at Author’s Expense
Art. 53. (1) The author may, at his own expense, place an order with a publisher for the
reproduction and distribution of a given number of copies of his work.
(2) An author may agree with a publisher to reproduce and distribute copies of the
work, assuming part of the expenses and participating in the distribution of the revenue.
Contracts for Reproduction and
Distribution of Phonograms
Art. 54. (1) Unless otherwise provided in the contract for reproduction and distribution
of the work in the form of a phonogram, and unless the author has entrusted the administration
of the rights to a society for collective administration of rights, it shall be understood that:
1 . the user shall make the recording within 6 months of the date of delivery of the
work, in a form suitable for recording, and to proceed with the reproduction and distribution
within 6 months after the recording has been made;
2. the user has been granted the right to reproduce the work in a production-run not
exceeding 5, 000 copies;
3. the author shall be entitled to compensation equal to the proportion of 1 0 per
cent of the unitary wholesale price of the sound medium sold that the running time of his work
bears to the total running time of the -sound medium;
4. the user shall provide the author five complimentary copies of each version of
the sound medium produced.
(3) The right granted by the author for the recording, reproduction and distribution
of his work in the form of phonograms shall not include the right to use the recorded work for
public performance, or for broadcasting by wireless, cable or other technical means. The
inclusion of these rights shall be explicitly agreed upon between the parties.
Section III
Contract for Public Presentation or Performance
Definition
Art. 55. Under a contract for public presentation the author of a work of the performing
arts grants a user the right to present the work, and the user undertakes to present it and pay
compensation to the author.
Non-Mandatory Rules
Art. 56. Unless otherwise provided by contract, it shall be deemed that:
1. the author may grant the right of public presentation to other users outside the
city in which the user’s headquarters is located;
2. the contract will remain in force for three years;
3. the user shall present the work to the public within one year of receiving
it;
LAW ON COPYRIGHT AND NEIGHBOURING RIGHTS(autorised) 4. the author’s compensation shall amount to 15 per cent of the gross revenue from
each presentation of the work;
5. the user shall report to the author twice a year on the number of public
performances and the amount of revenue earned;
6. the author may cancel the contract where the user discontinues public
presentations of the work for a period exceeding one year.
Contracts for the Use by Wireless, Cable or Other Technical Means
Art. 57. The provisions of items 1, 2 and 3 of Art. 56 shall apply also to contracts for
broadcasting by wireless, cable or other technical means of works of the performing arts and of
musical or literary works that have not been made available to the public. Unless otherwise
agreed in the contract, it shall be assumed that the author has granted the user the right to make
a single broadcast of the work.
Contracts for Public Performance
Art. 58.(l) Consent to the public performance, live or recorded, and to the broadcasting
by wireless, cable or other technical means of musical and literary works, which have already
been made available to the public, shall be given in writing by the author or by a duly
authorized organization engaged in collective administration of authors’ rights, which shall
negotiate, collect and pay the compensation due. When the consent is given by a society for
collective administration of rights, the user shall submit to the latter a precise account of the
works used and of the authors thereof.
(2) Consent under paragraph (1) for the retransmission of works by cable or other
technical means shall be given only by the society for collective administration of rights.
Section IV
Contract for Publication in a Periodical
Right to Use a Commissioned Work
Art. 59. (1) The author of a commissioned work shall not be entitled, without the
consent of the publisher, to offer the same work or parts thereof for publication as an
independent work or for wireless broadcasting prior to its being released by the publisher.
(2) Unless otherwise agreed, the restrictions under the preceding paragraph shall not
apply where fifteen days for newspapers and three months for magazines have elapsed since the
manuscript was handed in without the publisher having either published or informed the author
within those periods of time that he will publish, specifying the issue of the periodical in which
it will be done.
Right to Repeated Use
Art. 60. Unless otherwise agreed in writing, the author shall be entitled to use his work,
which has already been published in a periodical after the date of the publication.
LAW ON COPYRIGHT AND NEIGHBOURING RIGHTS(autorised) Return of Materials Offered for Publication
Art. 61. The publishers of periodicals shall be obliged to return originals of works of
fine art, original documents and illustrations, offered for publication unless otherwise agreed
upon in writing.
Section V
Creation and Use of Films
And Other Audiovisual Works
Right owners
Art. 62. (1) Copyright in a film or other audiovisual work shall belong to the director,
the author of the screenplay and the director of photography. The copyright in cartoons shall
belong also to the artist-director.
(2) The authors of the music, the dialogue, the pre-existing literary work on which
the audiovisual work was based, the costume designers, the set designers, as well as the authors
of all other material, incorporated in the audiovisual work, shall enjoy the copyright in their
individual works.
(3) A producer within the meaning of this Title shall be the physical person or the
legal entity who organizes the production of the work and provides its financing.
Contracts for Production and Use
Art. 63. (1) The authors under Art. 62 shall conclude contracts in writing with the
producer under which, unless otherwise agreed upon or provided for by this Law, shall be
deemed that the producer is granted the exclusive right to make copies of the work, show it in
public, broadcast it by wireless, cable or other technical means, reproduce and distribute it on
video carriers and authorize its translation, dubbing and subtitling, both within the country and
abroad.
(2) The producer shall pay the authors as defined in the preceding Article
compensation for the rights granted. In that case the provisions of Articles 41 (2) and 42 (2)
shall not apply.
(3) Where one of the authors under Art. 62 refuses to complete his contribution to
the film or other audiovisual work or fails to do so through no fault of his own, he may not
prevent the use of the work already completed by him for the completion of the whole project.
He shall nevertheless retain the copyright in the portion of the work that he has completed with
all the consequences ensuing thereof.
(4) An audiovisual work shall be considered completed when its final version has
been established by agreement between the director and the producer.
(5) Any changes to the final version by way of addition, deletion or alteration of
elements, may only be made with the consent of the persons under paragraph (4).
(6) In case the producer is declared bankrupt, the authors under Art. 62 shall have
the right to purchase the constituent material of the work at the highest price offered it they
express the wish to do so in writing within three days of the closing of tenders.
LAW ON COPYRIGHT AND NEIGHBOURING RIGHTS(autorised) (7) In case the producer cannot complete the work or upon its completion is willing
to get rid of the raw working material of the initial fixation or respectively of the raw working
material containing the final version of the work, he shall be obliged to give it free of charge to
the authors under Art. 62 (1).
(8) Within five years of the date on which the work has been made available to the
public, the producer or the persons who have become owners of the constituent material of the
final version of the work shall lodge that material with the National Film Library. This shall
apply to films the producer of which is a Bulgarian physical or legal person.
Secondary Use
Art. 64. The producer may grant third parties, provided that they assume the
obligations under Art. 65, the right to broadcast the work by wireless, cable or other technical
means, to reproduce it on video carriers for distribution or public showing, but shall notify in
writing the authors under Art. 62 (1) accordingly, within a period of one month, unless
otherwise provided by this Law.
Compensation
Art. 65. (1) The director, the author of the screenplay, the director of photography and
the composer, as well as the artist-director of cartoons shall be entitled to compensation other
than that provided for in Art. 63 (2) for each type of use of the audiovisual work, and the other
authors mentioned in Aft. 62 shall be eligible for such compensation if that has been
specifically agreed.
(2) The compensation for the various types of use of a work shall be paid by the
respective users, and the authors, at their own discretion, may receive them through the
producer or through a society for collective administration of authors’ rights. In the latter case
the producer shall be obliged to stipulate it in the contracts, which he concludes for the use of
the work.
(3) Whenever a work already announced is shown to the public for an admission
fee, the compensation shall be proportional to the revenue of the producer.
(4) Irrespective of the compensation under paragraph (3), the authors under
paragraph (1) shall be entitled to a percentage of all the producer’s revenue ensuing from the
use of the work.
Reporting to Authors
Art. 66. At the request of the persons mentioned in Article 62, the producer shall
provide them at least once a year a statement of the revenue collected for each type of use of
the work.
Use of Parts of Films
Art. 67. The producer may use parts of the work or individual frames to the extent
justified by the purposes of advertising the film without seeking the consent of the authors and
without paying compensation to them. The producer may use such parts or frames for other
purposes only with the consent of the authors under Art. 62 (1), and shall pay them
compensation. Other persons may use parts or frames only with the consent of the authors
under Art. 62 (1), and shall pay them compensation.
LAW ON COPYRIGHT AND NEIGHBOURING RIGHTS(autorised) Section VI
Use of Works of Fine Art, Architecture
And Photography
Presumption of Granted Rights to Public Display
Art. 68. (1) The transfer of ownership in works of fine art and photographic works, or
works expressed by a process analogous to photography shall include, unless otherwise agreed
in writing, transfer of the right to display the works in public.
(2) The transfer of the right to use an architectural design shall include, unless
otherwise agreed in writing, transfer of the right to display the design in public.
Subsequent Use of Architectural Designs
Art. 69. For each subsequent use of an architectural design of an already constructed
building or other facility, the written consent of the author shall be required.
Section VII
Use of Computer Programs
Non-Mandatory Rules
Art. 70. Unless otherwise agreed, it shall be understood that the person who has
lawfully acquired the right to use a computer program may use that program, display it on
screen, operate it, transmit it, store it in the memory of his computer, translate it and make
adaptations and other alterations to it, provided this is necessary for achieving the purpose for
which the right to use the program has been acquired, as well as for the elimination of errors.
Mandatory Rules
Art. 71. The person who has lawfully acquired the right to use a computer program
need not seek the consent of the author or pay additional compensation in order to:
1. make a back-up copy of the program provided this is necessary for the
respective kind of use for which the program was acquired;
2. observe, study and test the operation of the program, in order to determine the
ideas and principles which may be embodies in any of its components, as long as this is done in
the process of loading, displaying, running, transmitting and storing the program in the memory
of a computer, and only if that person is entitled to perform such acts under Art. 70;
3. translate the programming code from one form into another, but only if this is
absolutely necessary to make an existing program compatible with other programs, and on the
condition that the necessary instructions for doing so are not provided and that such acts are
performed only in relation to those parts of the program that require it for compatibility to be
achieved. The information so obtained shall not be used for creation and distribution of
computer programs that differ only slightly from the program with translated programming
code, or for any other acts liable to violate the copyright in the program.
Management and control of software assets by the bodies of the central and local state
administration
LAW ON COPYRIGHT AND NEIGHBOURING RIGHTS(autorised) Art. 71a The management and control over the use of the software assets acquired by
the state bodies and their administration, as well as by the local executive bodies and their
administration shall be conducted in a manner set forth by the Council of Ministers.
TITLE TWO
RIGHTS NEIGHBOURING TO COPYRIGHT AND SPECIFIC RIGHTS
Chapter Eight
GENERAL PROVISIONS
Owners and Subject Matter of Neighbouring Rights
Art. 72. The following shall have rights neighbouring to copyright in their works:
1. performing artists in their performances;
2. producers of phonograms in their recordings;
3. the producer of the initial recording of a film or other audiovisual work in the
original copy, as well as in the copies produced as a result of such recording:
4. radio and television organization in their programs.
Conflict with Copyright
Art. 72a. A neighbouring right may not be exercised in a manner which might result in
infringing or restricting copyright.
Exercising Neighbouring Rights through Collective
Administration Societies
Art. 73. The economic rights of performing artists, producers of phonograms, film
producers, and radio and television organizations may be exercised by duly empowered
societies engaged in the collective administration of rights under Art. 40.
Chapter Nine
RIGHTS OF PERFORMING ARTISTS
OWNER OF THE RIGHT
Art. 74. A performing artist is a person who presents, sings, plays, dances, recites, acts,
directs, conducts, comments upon, dubs into another language or otherwise performs a work,
circus or variety act, a puppet show or a work of folklore.
Moral Rights
Art. 75. (1) The performing artist shall enjoy the following moral rights:
1. to demand that his name, pseudonym or stage name be indicated or otherwise
communicated in the customary manner at each live performance, or on every use of a
recording of that performance when it is reproduced or used in any other manner;
2. to demand the preservation of the completeness and integrity of a recorded
performance in case of reproduction or use in any other manner;
LAW ON COPYRIGHT AND NEIGHBOURING RIGHTS(autorised) (2) The right under item 1 of the preceding paragraph shall be inalienable. Waiving
the requirement under item 2 may only be explicit and in writing.
Economic Rights
Art. 76. (1) A performing artist shall have the exclusive right to permit for
compensation:
1. the broadcasting of a performance of his by wireless, cable or other technical means,
and also the sound or video recording of the performance, the reproduction of the recordings on
audio or video carriers and their distribution.
2. the public performance and the broadcasting by wireless, cable or other
technical means of such recordings.
3. the offering to an unlimited number of persons, by wireless, cable or other technical
means, of access to his recorded performance or part thereof in a manner permitting the access
to be had from any place and at any time individually chosen by each one of those persons.
4. importation and exportation of copies of the recording containing the
performance of the work in commercial quantities, irrespective of whether they have been
manufactured legally or in violation of the right under item 1.
(2) Performing artists shall grant the rights under the preceding paragraph by means of a
written contract. Compensation may be negotiated as a percentage of the revenue as a lumpsum payment or in another manner.
(3) Unless otherwise agreed in the contract between the performing artist and the
producer of sound recordings, the former shall have the right to authorize other persons as well
to record and distribute his performances. Any agreement limiting the performing artist’s rights
to grant such permission shall be valid for a maximum of five years.
Secondary Use
Art. 77. The amount of compensation for the performing artists and producers of sound
recordings for broadcasting by wireless, cable or other technical means or for the public
performance using audio or other equipment, of works that have already been made available to
the public shall be determined according to Additional Provisions 5, with one half of the
amount payable to the performing artists and the other half to the producers of sound
recordings.
Participation in Filming
Art. 78. (1) Unless otherwise agreed in the performance contract, it shall be deemed that
the performing artist who has taken part in the shooting of a film or other audiovisual work has
thereby granted the producer of the work the right to show the recorded work in public, and
also the right to broadcast it by wireless, cable or other technical means, as well as the right to
reproduce and distribute it on video carriers.
(2) A role played by a performing artist in a film or another audiovisual work may
carry the voice of another person only with the consent of the performing artist who has played
the role.
(3) Contracts under paragraph (1) concluded with performing artists playing the
leading parts shall provide for additional compensation in the form of a percentage of all gross
income of the producer resulting from the use of the work. That compensation shall be paid to
the artists, as agreed, either by the producer or by the users concerned. Whenever the
LAW ON COPYRIGHT AND NEIGHBOURING RIGHTS(autorised) compensation is paid by the users, the producer shall include appropriate clauses in the
contracts that he concludes for the use of the work. If no compensation has been negotiated, it
shall be determined on the basis of an agreement between the association of performers on the
one hand and the producers or their association on the other.
(4) The performers playing the leading parts mentioned in paragraph (3) shall be,
until proof is provided to the contrary, those persons whose names appear in the titles of the
film in such a manner as to convey unambiguously that they are held to be so. Whenever such
information is missing, possible explicit clauses may be included in the contract between the
producer and the performer, and if there are no such clauses or if the contract has not been
presented, the express opinion of the author of the screenplay, submitted in writing at any time,
shall be taken into account.
(5) In case the television organization is at the same time a producer of a film or
audiovisual work, the persons under paragraph 3 shall be entitled to additional compensation
for each use of the work by this organization whereby the rate of this compensation shall be
defined according to paragraph 3, sentences first and forth.
(6) Persons playing leading parts in an audiovisual work, produced to advertising
ends shall be entitled within the period during which the work is shown, to additional
compensation as a percentage of the gains of the commissioner of the commercial ensuing from
the advertising activities, product or service in the country. This compensation shall be agreed
upon in the contract between the producer and the commissioner of the commercial. If the
producer and the commissioner of the commercial are not in a direct contractual relation, the
producer shall be obliged to stipulate the payment of this compensation in the contract with the
person that has commissioned the creation of the work.
Permission by Groups of Performers
Art. 79. The participants in collective performances such as choirs, orchestras,
ensembles or other groups of performers, shall authorize in writing one person to grant the
permissions under this Chapter for the use of their performances. Soloists and conductors and
also directors of stage works shall grant permission individually.
Announcing Names for Collective Performances
Aft. 80. In case of collective performances the name of the ensemble or group as a
whole shall be mentioned or announced in the customary manner; the names of the soloists, the
conductor and the director of the stage performance shall be announced individually, unless
otherwise agreed with these persons.
Performance Under an Employment Contract
Art. 81. The permission under Art. 76 (1) to use a performance given under an
employment contract shall be granted by the employer unless otherwise agreed with the
performer.
Duration
Art. 82. The rights of the performers shall remain in force for fifty years. The term
shall run from the first of January of the year following the year in which the recording of the
performance was published, or, and where the recording has not been published or the
LAW ON COPYRIGHT AND NEIGHBOURING RIGHTS(autorised) performance has not been recorded – at the beginning of the year, following that in which the
first performance was held.
Protection of the Names of Groups of Performers
Art.83. (1) The names of groups of performers shall be registered with the Ministry of
Culture in the manner specified by the Council of Ministers. Fees for filing requests for
registration, for enquiries concerning register entries and for the issue of documents containing
information on register entries shall be charged at a rate laid down in a tariff adopted by the
Council of Ministers.
(2) The names of groups of performers shall be registered in the Cyrillic alphabet
alone. If requested by the applicant, the register entry may also give the name in another
alphabet.
(3) The name registered under paragraph (1) shall not be used by other groups.
(4) If another group has used the same or a similar name prior to the registration,
it may seek the annulment of the register entry.
(5) Disputes over the similarity of names, or over the first use of a name by one
group or another, shall be settled by the court.
(6) The right to a name under paragraph (1) shall be protected for ten years after the
end of the activity of the group of performers. The term shall run from the first of January of
the year, following that in which the activity was discontinued.
Application by Analogy
Art. 84. The provisions of articles 18a, 21, 22, 23, Art. 24 (1), items 1, 6, 8, 12 and 14,
Art. 25 (1), item 2, Art. 25a, 26, 32, 33, 34, 36, 37 and Art. 58 (1) shall apply
respectively to the rights of performers and Art. 66 – to the rights of the persons referred to in
Art. 78 (3).
Chapter Ten
RIGHTS OF PRODUCERS OF PHONOGRAMS
Right owners
Art. 85. Producer of a phonogram shall be the physical person or the legal entity that
organizes the first recording and finances it.
Economic Rights
Art. 86. (1) The producer shall have the exclusive right to grant permission against
compensation for:
1. the reproduction and the distribution of the phonogram;
2. the importation and the exportation of copies of the phonogram in
commercial quantities, irrespective of whether they have been manufactured legally or
in violation of the rights under item 1;
3. the public performance and broadcasting by wireless, cable or other technical means;
LAW ON COPYRIGHT AND NEIGHBOURING RIGHTS(autorised) 4. the offering to an unlimited number of persons, by wireless, cable or other
technical means, of access to the recording or a part thereof in a manner permitting the access
to be had from any place and at any time individually chosen by each one of those persons.
(2) The producer may grant by contract certain rights under paragraph (1) to third
persons, including the author and performers of the works recorded.
Moral Rights
Art. 87. (1) The producer may require that his name appear in the customary manner on
the sound carriers and their packaging whenever recordings made by him are reproduced and
distributed.
(2) In the absence of proof to the contrary it shall be deemed that the producer of the
recording is the person whose name or other identifying mark is indicated on the phonogram in
the customary manner.
Secondary Use
Art. 88. The compensation to producers of phonograms already made available to the
public for the broadcasting thereof by wireless, cable or other technical means, or public
performance by means of sound equipment or by other means, shall be determined and paid as
set forth in Art. 77.
Duration
Art. 89. The rights of the producers under this Chapter shall last for fifty years. The
term shall run from the first of January of the year, following the year in which the phonogram
was made. In case the phonogram has been lawfully published within this period, the term
shall run from the first of January of the year, following the year of that publication. In case
the phonogram has not been lawfully published but has been lawfully communicated to the
public within the period, referred to in the second sentence, the term shall run from the first of
January, following the year of that communication.
Application By Analogy
Art. 90. The provisions of Art. 8, Art.1 8a, 21, 22, 23, Art.24 (1) items 1, 3, 6, 8, 11,
12, 13, and 14, Art. 25 (1) item 2, Art. 25a, 26 and 36 shall apply respectively to phonogram
producers.
Chapter Ten ‘a’
RIGHTS OF FILM PRODUCERS
Content of the Rights
Art. 90a. (1) The producer of the initial recording of a film or other audiovisual work
shall have, with respect to the original of the film and the copies thereof produced as a result of
such recording, the exclusive right to grant permission against compensation for:
1 . their duplication;
2. their screening before the public;
3. their broadcasting by wireless means;
4. their transmission by cable or other technical means;
LAW ON COPYRIGHT AND NEIGHBOURING RIGHTS(autorised) 5. their reproduction;
6. their distribution;
7. their translation into another language, dubbing or subtitling;
8. the offering of access to the film or a part thereof to an unlimited number of
persons, by wireless, cable or other technical means, in a manner permitting the access to be
had from any place and at any time individually chosen by each one of those persons.
9. importation and exportation of copies of the film in commercial quantities
irrespective of whether the have been manufactured legally or in violation of the right under
item I or item 5.
(2) The producer shall be entitled to require that the name or the title of the film be
mentioned in the usual manner whenever the film is used.
Duration
Art. 90b. The rights of producers under this Chapter shall be protected for fifty years.
That term shall commence on January 1 of the year following that in which the film was made
available to the public; where the film has not been made available to the public, the term shall
commence at the beginning of the year following that in which the film was made.
Application by analogy
Art. 90c. The provisions of Art. 8, 18a, 21, 22, 23, Art.24 (1) items 1, 3, 6, 8, 11, 12,
13, and 14, Art. 25 (1) item 2, Art. 25a, 26 and 36 shall apply respectively to film producers.
Chapter Eleven
RIGHTS OF RADIO AND TELEVISION ORGANIZATIONS
Content of Rights
Art. 91. (1) The radio or television organization that has made the initial broadcast or
transmission of its own program shall have the exclusive right to grant permission against
compensation for:
1 . re-broadcasting of the program by wireless means or retransmission thereof by
cable or other technical means;
2. recording of the program and reproduction and distribution of the recordings;
3. offering to an unlimited number of persons, by wireless, cable or other technical
means, of access to the film or a part thereof in a manner permitting the access to be had from
any place and at any time individually chosen by each one of those persons.
(2) The provisions of the preceding paragraph shall also apply where a program,
sent by a radio or television organization via a signal to a communication satellite is
rebroadcast, retransmitted, recorded, reproduced or distributed by other persons.
(3) Where the radio or television organization under paragraph (1) or a person duly
authorized by it restricts the number of persons receiving the program by encrypting the signal
that contains it, consent shall be considered given only if the decrypting device has been
provided by the broadcasting organization or with its consent.
LAW ON COPYRIGHT AND NEIGHBOURING RIGHTS(autorised) (4) At the time of each use of the program under paragraph (1), the user
organization shall announce in a suitable manner the name of the organization that first
broadcast or transmitted the program.
(5) Where a radio and television organization referred to in paragraph 1, authorizes
retransmission of its program within the meaning of Art. 21(2) and that authorization also
explicitly covers re-transmission rights in subject matter included in the program and protected
by this Law, and these rights have been granted to it by their right holders, the provision of Art.
21 (2) shall not be applicable.
Duration
Art. 92. The rights of the radio and television organizations under this Chapter shall
remain in force for fifty years. The term shall commence on the first of January of the year
following that in which the program was first broadcast or transmitted.
Application by Analogy
Art. 93. The provisions of Art. 8, 18a, 21, 22, 23, Art. 24 (1), items 1, 2, 3, 8, 12 and 13
and Art. 36 shall apply respectively to radio and television organizations.
Chapter Eleven “a”
Rights of Database Authors
Holder Of The Right
Art. 93b (1) Holder of the right in databases shall be their maker.
(2) Database maker under this Chapter shall be the natural person or legal entity that
has taken the initiative and run the risk of investing in the compilation, verification or use of the
contents of a database, provided such investment is substantial, evaluated qualitatively or
quantitatively.
Contents of the Right
Art. 93c (1) The database maker shall be entitled to prohibit:
1. the extraction of the contents of the database or a substantial part thereof,
evaluated qualitatively or quantitatively, to another medium, by permanent or temporary
transfer, by any means or in any form.
2. the re-utilization of the database contents or a substantial part thereof, evaluated
qualitatively or quantitatively, by making it available to the public in any form, including the
distribution of copies , their renting or digital transmission.
(2) Lending shall not constitute an act of extraction or re-utilization under
(I).
(3) The right referred to in (1) may be transferred or granted to third parties.
(4) The database maker shall be entitled to prohibit the acts referred to in (1)
with regard to insubstantial parts of its contents, in case these acts are repeated and
systematic in a manner that conflicts with the normal exploitation of the database or may
prejudice the legitimate interests of its maker.
Exhaustion Of the Right
LAW ON COPYRIGHT AND NEIGHBOURING RIGHTS(autorised) Art. 93d. (1) The first sale of a material copy of a database on the territory of Bulgaria
by the holder of the right under Art. 93c or with his consent shall exhaust the right to
control resale of that copy within the country.
(2) The transmission of a database in a digital form, including such in a
communication network, shall not exhaust the right of distribution as regards material copies of
the database made by the user with the consent of the right holder under Art.93c.
Collision With Other Rights
Art. 93e (1) The right referred to in Art. 93c shall arise irrespective of the eligibility of
the database or parts of its contents for protection by copyright or other rights.
(2) The right referred to in Art. 93c shall be exercised without prejudice or
limitation of copyright or neighbouring rights in the database contents.
Rights and Obligations of Lawful Users
Art. 93f (1) Where a database is made available to the public in whatever manner, the
maker may not prevent the extraction or re-utilization of an insubstantial part of its contents for
whatever purposes by the person who has lawfully acquired access to it. In case a lawful user
has the right to extract and utilize only part of the database, this provision shall apply only in
respect to that part.
(2) A lawful user of a database, which has been made available to the public in
whatever manner, may not perform acts, which conflict with the normal exploitation of the
database or prejudice the legitimate interests of its maker.
(3) A lawful user of a database, which has been made available to the public in
whatever manner may not cause prejudice to the holder of a copyright or neighbouring right in
respect to works or other subject matter contained in the database.
Exceptions
Art. 93g. A lawful user of a database which is made available to the public in whatever
manner may, without the authorization of its maker, extract or re-utilize according to Art. 93c a
substantial part of its contents:
1. In case of extraction for private use of the contents of a non-digital
database.
2. In case of extraction for the purposes of illustration for teaching or
scientific research to an extent justified by the purpose, provided the source is indicated.
3. In case of extraction or re-utilization for the purposes of national security or in
an administrative or judicial procedure.
Duration
Art. 93h (1) The rights referred to in Art. 93c shall last for fifteen years. The term shall
run from the first of January following the year during which the database has been completed.
(2) In case a database has been made available to the public in whatever manner
before the expiry of the period provided for in (1), the term of protection shall expire after
fifteen years from the first of January of the year following the date when the database was first
made available to the public.
LAW ON COPYRIGHT AND NEIGHBOURING RIGHTS(autorised) (3) Any further substantial investment in a database resulting in a substantial change
in its contents, shall qualify the database part resulting from that investment for its own term of
protection.
TITLE THREE
PROTECTION OF COPYRIGHT AND NEIGHBOURING RIGHTS
Chapter Twelve
CIVIL REMEDIES
Action for Compensation
Art. 94. (1) Any person who infringes copyright or a right, neighbouring to copyright,
or a right under Art. 93c shall be liable to compensation for the damages incurred by the right
owner or the person to whom exclusive user rights have been granted.
(2) When the grounds of the claim have been established, but there is not sufficient
information about the amount of the compensation, the persons under paragraph
(1) may demand the following in place of compensation:
1. the revenue received as a result of the infringement;
2. the cost of the object of infringement at the retail prices of the lawfully
reproduced copies, or
3. from 100 to 50 000 BGN, the exact sum being fixed at the discretion of the
court.
Other Actions
Art. 95. Where a work or subject matter under Art. 72 is used in violation of the
provision of this Law, the right owners or the person to whom the user right has been
exclusively granted may bring an action in court for:
1 . an injunction restraining the unlawful use;
2. seizure and destruction of the illegally produced copies of the work, including
negatives, master copies, printing blocks and other material used for the purposes of copying;
3. seizure and disablement of the copying, decrypting and reproduction equipment
used exclusively for committing the infringement;
4. delivery to him of the articles mentioned in item 2.
Competent Courts
Art. 96. The disputes under this Law shall be settled by the district courts.
Guarantee measures
Art, 96a. (1) When copyright or a neighbouring right has been infringed or when there
are sufficient grounds to consider that such infringement will be committed or evidence will be
lost, destroyed or concealed, the court, at the request of the right holder or of the person to
whom the exclusive use right has been granted, may, without informing the other party, permit
some of the following guarantee measures:
LAW ON COPYRIGHT AND NEIGHBOURING RIGHTS(autorised) 1 . prohibition of the performance of the activity alleged to constitute or to be about
to constitute an unlawful use of a work or subject matter under Art. 72;
2. seizure of the copies of the work or subject matter under Art. 72 that are alleged
to have been unlawfully reproduced, as well as the negatives, printing blocks, stereotype plates
and other material intended for the making of the copies;
3. prevention or prohibition of the use of machines which are alleged to have been
or to be about to be used to commit violations;
4. sealing of the premises on which it is alleged that infringements are being or will
be committed.
(2) The authorization, imposition and revocation of guarantee measures shall take
place according to the procedures stipulated in Articles 165 to 170 inclusive and 308 to 322
inclusive of the Code of Civil Procedure, with the exception of the first sentence of Article 317
(2), and unless this Law provides otherwise.
(3) The safeguard measure consisting in prohibition of performance of the activity
shall be imposed by virtue of a court order.
(4) The guarantee measures under paragraph (1), items 2, 3 and 4 shall be imposed
by the bailiff, who shall at the same time serve notice of the authorization of the guarantee
measure on the defendant. The property seized, together with a checklist, shall be handed over
to be kept by the plaintiff who may use it only as evidentiary material.
(5) The plaintiff or his representative may be present and may cooperate when the
guarantee measures are being imposed.
(6) The safeguard measures under paragraph (1), items 2, 3 and 4 shall be imposed
within three days of that on which the bailiff has received the plaintiff’s complaint. Guarantee
measures that have been authorized to prevent an impending infringement shall be imposed
within a term that takes account of their purpose.
(7) If it is established that an imposed guarantee measure has been requested
without grounds, the aggrieved party may demand that the person who has requested the
measure pay for the damages incurred thereby.
Chapter Twelve “a”
Border Measures
Grounds and Field of Application
Art. 96b. (1) A copyright holder of a neighbouring right or a right under Art. 93c, or the
person to whom an exclusive right to use has been granted, may request the customs authorities
to suspend any goods transported across the state border of the Republic of Bulgaria regarding
which there is reasonable grounds to consider that they infringe rights protected by this Law.
To cover suspense expenses, charges shall be payable at a rate laid down in a tariff adopted by
the Council of Ministers.
(2) When the state of residence or the registered office of the petitioner is outside
this country, an address for service within the territory of the Republic of Bulgaria shall be
provided.
(3) The provisions of this Chapter shall also apply to temporary imports and exports.
LAW ON COPYRIGHT AND NEIGHBOURING RIGHTS(autorised) (4) The suspension measure shall not apply to goods transported by passengers in small
quantities for non-commercial purposes, to small parcels sent by parcel post or to goods
in transit.
Procedure of Suspension
96c. (1) Suspension shall be effected on the basis of a petition in writing lodged by a
person under Art. 96b (1) which petition shall contain proof of the petitioner’s rights, and also
of the ground to consider that the rights have been infringed.
(2) After establishing the existence of the circumstances provided for in Art. 96b
(1), the customs authorities shall suspend the goods and shall impose on the petitioner a
guarantee in money or property which shall cover his probable liability should the suspension
of goods is found unreasonable.
(3) The customs authorities shall without delay notify the petitioner, the consignor
and the consignee of the suspension of the goods. The same persons shall be entitled to inspect
the suspended goods and to receive information about them.
(4) If, within 10 working days from the date of being notified under paragraph (3)
for the suspension of goods, the petitioner does not present any proof that legal proceedings
have been initiated before the relevant court to settle the dispute upon its merits, or that a
guarantee measure has been authorized, the customs authorities shall release the suspended
goods, provided that all requirements for standard import or export have been satisfied. The
release of the guarantee lodged shall take place according to the procedure established by Art.
322 (2) of the Code on the Civil Procedure. If the petitioner files a well grounded request, the
term may be extended by another 10 working days.
(5) The competent authorities before which the legal procedure under paragraph (4)
has been initiated shall decide, upon request by the interested party, whether the
suspension measure is to be confirmed, modified or revoked.
(6) Where after the request for suspension no procedure under paragraph (4) is
initiated or where the request proves to have been groundless, the aggrieved party shall be
entitled to indemnification.
Actions Initiated by Customs Authorities
96d. (1) The customs authorities may on their own initiative or upon request by another
government agency suspend goods regarding which they have reasonable ground to consider
that they infringe the rights protected by this Law.
(2) In such cases, the customs authorities shall without delay inform the persons
under Art. 96b (1), the consignor and the consignee and shall give them the opportunity to
inspect the suspended goods. The customs authorities may demand the right holder or the
owner of neighbouring rights to provide any information that may be needed for an expert
assessment.
(3) The decision under paragraph (1) may be appealed according to the procedure
established by the Code on the Administrative Procedure.
(4) If, within 10 working days from the day on which the goods were suspended, no
procedure is initiated before the relevant court to settle the dispute upon its merits or no ruling
is pronounced by the court on the authorization of a guarantee measure, the customs authorities
LAW ON COPYRIGHT AND NEIGHBOURING RIGHTS(autorised) shall release the suspended goods, provided that all standard import and export requirements
are satisfied.
(5) The customs authorities shall not be liable for any action they have undertaken
in good faith to suspend the goods.
Additional Regulation
96e. The Council of Ministers shall issue a regulation on the implementation of this
Chapter.
Chapter Thirteen
ADMINISTRATIVE-PENAL PROVISIONS
Penalties
Art. 97. (1) Any person who in violation of the provisions of this Law:
1. reproduces and distributes video carriers embodying recorded films or other
audiovisual works;
2. reproduces and distributes audio carriers embodying recorded works;
3. organizes, in whatever manner, public showings of films or other audiovisual
works;
4. offers third parties sound or video recording services consisting in the
preparation of single copies of works or other material protected by this Law;
5. organizes the live or recorded public performance or presentation of works;
6. broadcasts by wireless, cable or other technical means works or a radio or
television program;
7. publishes or distributes already published works;
8. owns a computer program, knowing or having grounds to believe that this is an
infringement;
9. reproduces or distributes or otherwise uses a computer program;
10. reproduces or distributes works of applied art, design and crafts, photographic
works or works made in a manner comparable to photography;
11. uses unlawfully a work under art. 3, paragraph 1, items 6 and 8.
12. impedes the execution of a provisional measure under article 96a;
13. does not fulfill an obligation under Art. 26 (2);
14. violates a ban under Art. 93c
shall be liable to a fine or pecuniary sanction ranging from 200 to 2,000 BGN, unless
the infringement is subject to more severe penalty; subject matter of the infringement,
regardless of whose property may be, shall be seized in favour of the State and shall be handed
over for destruction by agencies of the Ministry of Interior.
(2) A repeat offence under paragraph (1) committed within one year of the
imposition of the previous penalty shall be punished with a fine or pecuniary sanction ranging
between 1,000 and 5,000 BGN; subject matter of the infringement, regardless of whose
property it may be, shall be seized in favour of the State and shall be handed over for
destruction by agencies of the Ministry of Interior.
LAW ON COPYRIGHT AND NEIGHBOURING RIGHTS(autorised) (3) In the event of systematic infringement, the facility where the infringements
have been committed, such as a shop, studio, restaurant, movie theatre, theatre, company head
office, etc. shall be closed for a term of three to six months.
(4) Societies conducting collective administration of rights under this Law, which
act in violation of Art. 40 (4) shall be liable to a fine of between 200 and 2,000 BGN.
(5) The sanctions under paragraphs (1) and (2) shall be imposed on any person who
produces, distributes, advertises or imports, or possesses for commercial purposes, a decrypting
device capable of affording access to an encrypted signal for persons who are outside the
reception area specified by the broadcasting organization.
(6) The sanctions under paragraph 1 and 2 shall be imposed also on persons who,
without having the right, remove, modify, destroy or disrupt technological means of protection
knowing or having grounds to know that these devices are primarily designed for such
purposes.
(7) The sanctions under paragraphs 1 and 2 shall be imposed also on persons who
manufacture, import, distribute, sell, rent, offer for sale or rental, or possess for commercial
purposes devices, products or components which are primarily designed to remove, damage,
destroy or disrupt technological means of protection, or persons who provide services for such
circumvention with commercial purposes.
(8) The sanctions under paragraphs (1) and (2) shall also be imposed on any person who
does the following without authority and being aware or having reason to believe that the act is
liable to cause, permit, facilitate or conceal the infringement of a right protected by this Law:
1 . removes or modifies information in electronic form on the regime of rights in
the subject matter of copyright or neighbouring rights;
2. distributes, including import for the purposes of distribution, performs in public,
broadcasts by wireless or transmits via cable or other technical means subject matter of
copyright or neighbouring rights, offers an unlimited number of persons access to subject
matter in a manner whereby that access may be had from a place and at a time individually
chosen by each of those persons, knowing that the information in electronic form on the regime
of rights in the subject matter has been removed or modified without authority.
(9)”Rights management information” as used in Art.7 means information which
identifies the subject matter of copyright or neighbouring right, the holder of such a right,
information about the terms and conditions of use of such subject matter, and any numbers or
codes that represent such information, when any of these items of information is attached to a
copy of the subject matter or appears in connection with its disclosure to the public.
Establishment of Infringements,
Issue of Acts for Establishment and Penal Ordinances Art. 98. (1) The acts establishing
infringements under Art. 97 shall be issued by bodies duly empowered by the Minister
responsible for culture with the assistance of agencies of the Ministry of Interior.
(2) The penal ordinances shall be issued by the Minister responsible for culture or
by officials authorized by him.
(3) The establishment of the existence of infringements and the issue, appeal and
enforcement of the penal ordinances shall be conducted in accordance with the Law on the
Administrative Offences and Penalties.
(4) Fifty per cent of the funds from fines raised under Art. 97 shall be credited to the
account of the National Culture Fund; the balance shall be credited to the budget of the
LAW ON COPYRIGHT AND NEIGHBOURING RIGHTS(autorised) Ministry of Culture and shall be disbursed for the protection of copyright; the conditions and
procedure for allocation of funds shall be specified by the Council of Ministers.
TITLE FOUR
APPLICABLE LAW
Applicable Law for Literary, Artistic and Architectural Works
Art. 99. (1)This Law shall apply to:
1. works, whose authors are citizens of the Republic of Bulgaria or persons, who
have a permanent address in the country, irrespective of where the works have been published
for the first time;
2. works, whose authors are citizens of a state, with which the Republic of
Bulgaria is bound by an international copyright treaty, or persons who have a permanent
address in such a country, irrespective of where the works have been published for the first
time;
3. works, which have been published for the first time or have been implemented
as architectural designs on the territory of the Republic of Bulgaria or on the territory of a state,
with which the Republic of Bulgaria has concluded an international copyright treaty,
irrespective of the nationality of their authors;
4. works, which have been published for the first time on the territory of a state,
with which the Republic of Bulgaria is not bound by an international copyright treaty but
simultaneously or within a period of thirty days after the publication have been published on
the territory of the Republic of Bulgaria or on the territory of another state with which the
Republic of Bulgaria has concluded such a treaty.
(2) Where this Law applies to works created by nationals of other states or to works
which have been published for the first time abroad the copyright owner shall be determined in
accordance with the relevant foreign law.
(3) With respect to works created by citizens of foreign States, or to works first
published abroad, the term of copyright shall be that specifies by the relevant foreign law, if it
provides for a protection term shorter than that specified in this Law.
Applicable Law for Performances
Art. 100. (1) This Law shall apply for the performances of the performers who are
citizens of the Republic of Bulgaria or have a permanent address in the country, irrespective of
where the performances have taken place;
(2) This Law shall apply also to the performances of foreign performers, which
have taken place on the territory of the Republic of Bulgaria.
Applicable Law for Recordings, Programs and Films
Art, 101. This Law shall apply to subject matter under Art. 72 items 2, 3, and 4, made
by physical persons who are citizens of the Republic of Bulgaria or have a permanent address
in the country, or by legal entities, whose headquarters are located in the country, irrespective
of where they have been made, as well as to the recordings made or simultaneously published
for the first time by foreign persons on the territory of the Republic of Bulgaria.
LAW ON COPYRIGHT AND NEIGHBOURING RIGHTS(autorised) Applicable Law to Database Makers
Art. 101 a (1) This Law shall apply to database makers in case they are citizens of the
Republic of Bulgaria or have a permanent address in the country.
(2) The provision of paragraph I shall apply to legal entities, established in
compliance with the legislation of the Republic of Bulgaria, which have their headquarters,
central administration or main activities in the country. In case the legal entity has only its
headquarters in the Republic of Bulgaria, it shall be required that its activities have a real
connection with the economy of the country.
Application of International Treaties
Art. 102 (1) The rights of the foreign performers, producers of phonograms and radio
and television organizations and film producers other than those, set out in Art. 100 (2) and Art.
101, shall be protected in compliance with the international treaties on rights neighbouring to
copyright to which the Republic of Bulgaria is party.
(2) Foreign database makers shall be protected in accordance with the international
treaties to which the Republic of Bulgaria is party.
ADDITIONAL PROVISIONS
§ 1. (1) The copyright owner or a person who has been granted the exclusive right to
use a work protected by this Law, may place the Latin letter “C”, encircled, in a suitable
position on copies of the work, followed by his name and the year of the first publication.
(2) The producer of a phonogram or the person, who has been granted the exclusive
right to reproduce a phonogram protected by this Law, may place a circled Latin letter “C”,
followed by his name or title and the year of the first publication.
§ la. (1) It shall not be permissible to acquire, appropriate or keep for commercial
purposes durable material media containing copyright-protected subject matter that has been
reproduced in violation of this Law.
(2) The durable material media under paragraph (1) shall be seized in favour of the
State on the basis of an order issued by the relevant penal administrative body, or by a court,
and shall be handed over for destruction by agencies of the Ministry of Interior.
§ 2. Within the meaning of this Law:
1. “making a work available to the public” means bringing the publication with the
consent of its author, to the attention of an unlimited number of persons for the first time,
irrespective of the form and manner in which this is done;
2. “publication of a work” means bringing a work to the attention of an unlimited
number of persons through reproduction and the distribution of copies, including in the form of
LAW ON COPYRIGHT AND NEIGHBOURING RIGHTS(autorised) audio or video recording, the number of which shall be adequate in relation to the nature of the
work;
3. “reproduction of a work” means directly or indirectly duplicating the work or
part thereof in one or more copies, in any manner and in any form whether permanent or
temporary, including the digital storage of the work on an electronic medium;
4. “distribution of a work” means the sale, exchange, donation, rental or lending, or
the offer to sell or rent originals or copies. The renting or lending of works of architecture or
applied art and craft works shall not be considered distribution under this Law;
5. “broadcasting a work by wireless means” means broadcasting it on radio or
television, or by terrestrial means, as well as transmitting it in the form of a signal to a satellite
and back to earth so that it may be received either directly and individually by the public, or
through an intermediary other than the transmitting authority;
6. “users of a work” are the physical persons or the legal entities, such as
publishers, theatres, concert organizers, radio and television organizations, public catering and
entertainment establishments, producers of phonograms, film producers, Internet content
providers and others, who bring the work to the attention of readers, spectators and listeners
directly or through the intermediary of other persons – distributors;
7. “audio recording” means the fixation on a durable material medium of a
sequence of sounds in such a way as to permit them to be perceived, reproduced, rerecorded
and broadcast by wireless, cable or other technical means;
8. “phonogram” means the product of audio recording;
9. “architectural works ” means buildings and other structures and their
components, durable objects resulting from the synthesis of architecture and other arts, as well
as durable interior decoration that conform to the general definitions of Art. 3 (1);
10. “means of decrypting” is any device, appliance, mechanism or decoding card
which has been made or specially adapted to provide, by itself or in combination with others,
access to an encrypted signal in the form that it had prior to encryption;
11. “encrypted signal” means any radio or television signal that is broadcast,
transmitted, re-broadcast or retransmitted by any technical means the characteristics of which
have been deliberately modified to restrict access to the signal to a predetermined audience;
12. “audiovisual works” means sequences of interconnected images fixed on any
type of medium, with or without a sound-track, perceived as a moving picture and used in any
manner, which satisfy the general conditions set forth in Art. 3 (1).
13.”a database” is a collection of independent works, data or other materials which are
arranged in a systematic or methodical way and individually accessible by electronic or other
means. Computer programs used in the making or operation of databases, the recordings of a
separate audiovisual work, work of literature or musical work, as well as the compilation of
recordings of musical performances on CD shall not be deemed databases within the meaning
of this Law.
14. “technological measures” means any technology, device or component that, in
the normal course of its operation, is designed to prevent or restrict acts in respect of
works or other subject-matter protected by this Law, which are not authorized by the right
holder, if through these measures the use of protected subject matter is controlled by the right
LAW ON COPYRIGHT AND NEIGHBOURING RIGHTS(autorised) holder through an access code, scrambling or other transformation of the subject matter or a
copy control mechanism.
§ 3. The definitions of items 1, 2, 3, 4 and 5 of the preceding paragraph shall also apply
to the subject matter specified in Art. 72.
§ 4. (1) Each copy of a work of fine art signed personally by its author shall be deemed
to be an original. The number of originals shall be determined by the author and shall be stated
in an appropriate manner at the first disclosure of the work whereby it shall not be subject to
subsequent change. Each copy shall carry a serial number.
(2) The provision of paragraph (1) shall not apply to works of applied art, design
and craft works.
§ 5.(I) The amount of compensation payable to the copyright or neighbouring right
owners for the use of their works, performances, phonograms and radio and television
programs shall be negotiated in a contract between the right owners and the users.
(2) Whenever use is negotiated through a society for collective administration of
rights, the amount of the compensation shall be fixed in a contract between the said society and
the users or their associations.
§ 5a. (1) The manufacture of compact discs and matrices for their manufacture shall be
carried out only by licensed persons.
(2) The licensing of manufacturers referred to in (1), as well as the terms and
conditions for the manufacture and distribution of recorded CDs and other carriers, containing
subject matter of copyright and neighbouring rights, and matrices for their manufacture shall be
set forth by the Council of Ministers.
TRANSITIONAL AND FINAL PROVISIONS
§ 6.(l) This Law shall also apply to works, performances, phonograms, and radio and
television programs, created or made prior to its entry into force if the terms for protection
provided therein have not expired.
(2) The authors’ rights acquired prior to the entry into force of this Law shall remain
in force.
§ 7. The author of a literary text, which has been used without his consent in a musical
work pursuant to Art. 7 (b) of the 1951 Copyright Law may not prevent the further use of the
musical work together with the text if the two have already been made available to the public
together.
§ 8. (1) The Copyright Agency is hereby abolished.
(2) The assets of the Copyright Agency shall pass to the Ministry of Culture.
LAW ON COPYRIGHT AND NEIGHBOURING RIGHTS(autorised) (3) The Council of Ministers shall determine the terms and procedures for the
distribution of the assets of the Agency among the organizations under Art. 40 of this Law.
§ 9. The following are hereby repealed:
1. The Copyright Law (published in Izvestia No 92, 1951; as amend. in No
10/1952 and No 55/1956, Durzhaven Vestnik No 35/1972 and No 30/1990);
2. Articles 270 to 278 of the Code on Obligations and Contracts (published in
Durzhaven Vestnik No 275/1950, as amend. in Izvestia No 2/1951, No 69/1951 and No
92/1952, Durzhaven Vestnik No 85/1963, No 27/1973, No 16/1977, No 28/1988, No 30/1990
and No 12/1993).
§ 10. This Law shall enter into force on 1 August 1993.
§ 11. The implementation of this Law shall be entrusted to the Council of Ministers.
TRANSITIONAL AND FINAL PROVISIONS of the Law to Amend the Law on
Copyright and Neighbouring Rights (Durzhaven vestnik No28/2000)
§51 (1) This law shall also apply to works and subject matter under Art.72 created or
made prior to its entry into force, provided the terms of protection set forth in it have not
expired yet.
(2) Copyright holders cannot lay claims regarding uses of their works occurring at a
time when the term of protection of those rights had already expired as provided under the then
existing law.
……………… I … I
§ 53. The words “ministry responsible for culture” shall be replaced by “Ministry of
Culture”.
§ 54. (1) This Law shall enter into force one month after its publication in
Durzhaven vestnik with the exception of paragraph 8, which enters in force on 1
January
2000.
(2) The Council of Ministers shall adopt regulations to implement paragraph 8
within a six-month period upon entry into force of this Law, whose regulations will be
retroactively in force since 1 January 2000.
TRANSITIONAL AND FINAL PROVISIONS of the Law to Amend the Law on
Copyright and Neighbouring Rights (Durzhaven vestnik No77/2002)
§ 38 (1) The provisions of Art. 93b shall apply with regard to databases or parts thereof,
whose creation was completed before this Law comes into effect, if the terms under Art. 93h
have not expired.
(2) The right holders under Art. 93c shall not be entitled to laying claims regarding
any actions carried out before this Law comes into effect.
LAW ON COPYRIGHT AND NEIGHBOURING RIGHTS(autorised) § 39. (In force as of 09.08.2002) The Council of Ministers shall adopt the regulations
under paragraph 14 (new Art. 71a) and paragraph 37, item 2 (new paragraph 5a) by January 1,
2003.
§ 40. This Law shall enter into force as of January 1, 2003, excepting paragraph 39
which shall enter into force as of the day this Law is published in Durzhaven vestnik.
LAW ON COPYRIGHT AND NEIGHBOURING RIGHTS(autorised)