WIPO Lex

LAW ON THE COPYRIGHT AND RELATED RIGHTS

Prom. SG. 56/29 Jun 1993, amend. SG. 63/5 Aug 1994, amend. SG. 10/27 Jan 1998, amend. SG.

28/4 Apr 2000, suppl. SG. 107/28 Dec 2000, amend. SG. 77/9 Aug 2002, amend. SG. 28/1 Apr

2005, amend. SG. 43/20 May 2005, amend. SG. 74/13 Sep 2005, amend. SG. 99/9 Dec 2005,

amend. SG. 105/29 Dec 2005, amend. SG. 29/7 Apr 2006, amend. SG. 30/11 Apr 2006, amend.

SG. 73/5 Sep 2006, amend. SG. 59/20 Jul 2007, amend. SG. 12/13 Feb 2009, amend. SG. 32/28

Apr 2009

Part one.

Chapter one.

GENERAL PROVISIONS

Subject of the Law

Art. 1. This Law shall regulate the relationships related to the creation and distribution of

literary, artistic and scientific works.

Arisal of Copyright

Art. 2. The copyright in literary, artistic and scientific works shall arise for the author with

the creation of the work.

Chapter two.

SUBJECT MATTER OF COPYRIGHT

Protected Subject Matter

Art. 3. (1) Any literary, artistic and scientific work resulting from creative endeavour and

expressed by any mode and in any tangible form shall be the subject matter of copyright, such as:

1. literary works, including works of scientific and technical literature, of publicity and

computer software;

2. musical works;

3. performing arts works: dramatic or dramatico-musical works, entertainments in dumb

show, choreographic, etc.;

4. films and other audio-visual works;

5. works of fine art, including works of applied art, design and national artistic crafts;

6. works of architecture;

7. photographic works and works created by a process analogous to photography;

8. projects, maps, schemes, plans and others related to architecture, urban planning,

geography, topography, museum research and any other area of science and technology;

9. graphic design of publications;

10. (new - SG 29/06) cadastral maps and state topographical maps.

(2) Subject matter of copyright shall be also:

1. translations and adaptations of existing works and works of folklore;

2. arrangements of musical works and works of folklore;

3. periodicals, encyclopaedia, collections, anthologies, bibliographies, databases and other

similar subject matter including two or more works or products.

(3) Subject matter of copyright may also be parts of the works referred to in para 1 and 2,

preliminary sketches, plans, etc.

Exceptions

Art. 4. Shall not be considered subject matter of copyright:

1. normative and individual acts of state government bodies and official translations

thereof;

2. ideas and concepts;

3. works of folklore;

4. news, facts, information and data.

Chapter three.

OWNERS OF COPYRIGHT

Authors and Other Owners of Copyright

Art. 5. 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

Presumption of Authorship

Art. 6. (1) (prev. text of Art. 06, amend. and suppl. - SG 99/05, in force from 10.01.2006)

Until proved otherwise author of the work shall be considered to be the person whose name or

other identifying mark is indicated on the original, copies or specimen of the work and/or on their

packing in the usual manner.

(2) (new - SG 99/05, in force from 10.01.2006) Para 1 shall be also applied respectively to

the owners of copyright in the cases referred to in Art. 10, first sentence, Art. 11, para 1, first

sentence and Art. 14.

Authorship of Works Made Available to the Public under Pseudonym or Anonymously

Art. 7. (1) The work may be made available to the public under pseudonym or

anonymously.

(2) Until revealing the identity of the author his copyright shall be exercised by the natural

or legal person that has made the work available to the public for the first time 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) Copyright in a work created by two or more persons shall belong to them jointly

irrespective of whether the work constitutes one indivisible entity or consists of separate parts

each having individual significance.

(2) The consent of all authors shall be required for every single use or adaptation of the

work. In case of lack of agreement between the joint authors the issue shall be resolved by the

court.

(3) If authorisation has been granted to use a work in a given manner, or a court ruling has

been rendered to that effect, none of the joint authors shall be entitled without reasonable grounds

to object to its further use in the said manner.

(4) The compensation due to the authors for the use of their work, shall be distributed

between them in shares by mutual agreement. At lack of agreement, it shall be considered that

each of the joint authors has equal share. In case of disputes, the individual shares shall be

determined by the court according to the contribution of each of the authors.

(5) Provided that a work created by joint authors consists of components each having

individual significance, each of the joint authors may authorize the individual use of his own

component unless the joint authors have agreed otherwise and if this does not hinder the use of

the work as a whole.

Art. 9. Copyright in translation or adaptation shall belong to the person who has made it

without prejudice to the rights of the author of the original work. This shall not deprive other

persons of the right to make their own translation or adaptation of the same work.

Art. 10. (suppl. - SG 28/00, in force from 05.05.2000) Copyright in periodicals and

encyclopaedias shall belong to the natural or legal person responsible for the creation and

publication of the work. Copyright in the individual components included in such work, having

the nature of a literary, artistic or scientific work, shall belong to their individual authors.

Art. 11. (amend. - SG 28/00, in force from 05.05.2000) (1) Copyright in collections,

anthologies, bibliographies, databases, etc. shall belong to the person who has collected or

arranged the works and/or material contained therein, unless otherwise agreed in a contract.

artistic or scientific works, shall belong to their authors.

(2) The consent of the authors shall be required for the inclusion of works or parts thereof

into such works, unless provided otherwise by the law.

Art. 12. Copyright in works of fine art and architecture shall belong to the person who has

created those works also in case the ownership of the work belongs to another person.

Art. 13. Copyright in works of fine art or photography constituting a portrait of other person

shall belong to the author of the work. The author and the portrayed person may agree terms of

use of such works.

Relationship

Art. 14. Unless agreed otherwise, copyright in computer programmes and databases

developed in employment relationship shall belong to the employer.

Chapter four.

CONTENTS OF COPYRIGHT

Section I.

Moral Rights

Types of Moral Copyrights

Art. 15. (1) The author shall have the right to:

1. decide whether the work created by him may be made available to the public and to

determine the time, place and manner in which this may be done with the exception of the subject

matter under Art. 3, para 1, items 4, 6 and 8 for which this right shall be arranged by contract;

2. claim authorship of the work;

3. decide whether his work shall be made available to the public under pseudonym or

anonymously;

4. require that his name, pseudonym or other identifying mark be indicated in a suitable

manner whenever his work is used;

5. require that the entirety of his work is preserved and oppose to any modifications thereof

as well as to any other actions that may infringe his legitimate interests or personal dignity;

6. modify his work, provided that this does not infringe the rights acquired by other

persons;

7. access the original of the work when it is in the possession of another person and

whenever such access is necessary for exercising moral or economic right provided by this Law;

8. stop the use of the work due to changes in his beliefs, with exception of already

implemented architectural works, providing compensation for the damages incurred by persons

who have lawfully obtained the right to use the work.

(2) The author shall not be entitled to oppose to the wish of the owner of architectural work

to destroy, reconstruct, superstruct or outbuild it, provided that this is undertaken in conformity

with existing regulations.

Non-Transferability of Moral Rights

Art. 16. The moral rights referred to in items 2 and 4 of para 1 of the preceding Article shall

be non-transferable. Transfer of other moral rights may be carried out only explicitly and in

written form.

Exercising Moral Rights after the Death of the Author

Art. 17. After the death of the author and until expiration of the term of copyright protection

the moral rights, with the exception of those referred to in Art. 15, para 1, items 6 and 8, shall be

exercised by the heirs of the author.

Section II.

Economic Rights

Types of Economic Copyrights

Art. 18. (1) The author shall have the exclusive right to use the work created by him and to

authorize its use by other persons except in the cases when this Law provides otherwise.

(2) In the sense of para 1 as use shall be considered the actions such as:

1. reproduction of the work;

2. distribution of the original or copies of the work among unlimited number of persons;

3. public presentation or performance of the work;

4. broadcasting of the work;

5. (amend. - SG 99/05, in force from 10.01.2006) transmission and retransmission of the

work by cable;

6. public exhibition of a work of fine art or a work created by photographic or analogous

method;

7. translation of the work into another language;

8. (suppl. - SG 28/00, in force from 05.05.2000) adaptation of the work. Adaptation shall

also be the adjustment and any alteration of the work, as well as the use of the work to create a

new derivative work;

9. implementation of an architectural project through building or manufacturing of the

object described in it;

10. (new - SG 28/00, in force from 05.05.2000; amend. - SG 99/05, in force from

10.01.2006) communication by wireless means or cable, by making the work available to the

public in such a way that members of the public may access it from a place and at a time

individually chosen by them.

11. (new – SG 77/02, in force from 01.01.2003) the import and the export of copies of the

work in commercial quantities, regardless whether they have been lawfully produced or in

infringement of the right referred to in item 1.

(3) Use as referred to in para 2, items 3 through 8 shall be considered to have occurred

whenever the actions described above have been performed in a manner allowing unlimited

number of people to perceive the work.

(4) (revoked – SG 77/02, in force from 01.01.2003).

Exhaustion of the Right of Distribution

Art. 18a. (new – SG 77/02, in force from 01.01.2003) (1) (amend. - SG 99/05) (*) The first

sale or other transaction on the territory of the Member States of the European Union made by the

owner of the copyright or with his consent which transfers the ownership of the original or copy

of the work shall lead to exhaustion of the right of their distribution on this territory without

prejudice to the right to permit their further renting.

(2) (suppl. - SG 99/05, in force from 01.01.2006) The provision of para 1 shall not affect

the right referred to in Art. 20 and Art. 22a, para 2.

(3) The provision of para 1 shall not refer to the cases of conceding originals or copies of

the work in digital way, in respect to the materialised copies of the work made by the recipient

with the consent of the owner of the copyright.

Right of Compensation for All Types of Use

Art. 19. The author shall have the right of compensation for all types of use of his work and

for each successive use of the same type.

Right of Compensation at Resale of Work of Art (title amend. – SG 99/05, in force from

10.01.2006)

Art. 20. (amend. - SG 99/05, in force from 10.01.2006) (1) At resale of original work of art

when one of the parties in the transaction or the intermediary is a trader of works of art, in this

number art gallery and auction house, the author of the work shall have the right to receive

compensations from the sale price.

(2) In the sense of this article original works of art shall be the works of graphic and plastic

art such as pictures, collages, paintings, sketches, engravings, prints, lithographs, sculpture

figures, tapestries, ceramics, glassware and photographs, provided they are by the author himself,

in this number copies considered to be originals according to § 4 of the additional provisions.

(3) The right of para 1 shall be inalienable except at inheriting.

(4) Para 1 shall not apply to acts of resale at price lower than the lev equivalent of 300

EURO.

(5) Para 1 shall not apply to acts of resale where the seller has acquired the work directly

from the author less than 3 years before the date of the resale and where the resale price does not

exceed the lev equivalent of 10 000 EURO.

(6) Any waiver of the right referred to in para 1 shall be invalid.

(7) The right referred to in para 1 shall continue as long as the copyright in the work is

being protected.

Payment of the Compensations at Resale of Work of Art

Art. 20a. (new – SG 99/05, in force from 10.01.2006) The compensations referred to in para

1 shall be determined in the following way:

1. 5 % for the portion of the sale price from the lev equivalent of 300.01 to 3000 EURO,

plus

2. 4 % for the portion of the sale price from the lev equivalent of 3000.01 to 50 000 EURO,

plus

3. 3 % for the portion of the sale price from the lev equivalent of 50 000.01 to 200 000

EURO, plus

4. 1 % for the portion of the sale price from the lev equivalent of 200 000.01 to 350 000

EURO, plus

5. 0,5 % for the portion of the sale price from the lev equivalent of 350 000.01 to 500 000

EURO, plus

6. 0,25 % for the portion of the sale price exceeding the lev equivalent of 500 000 EURO.

(2) Provided that before payment of the compensation the seller and/or the intermediary

have paid any taxes on the occasion of the resale, the sum of the taxes shall be deducted from the

sale price when applying of para 1.

(3) The compensation shall be calculated for each resold subject matter separately.

(4) The total amount of the compensation for a single object cannot exceed the lev

equivalent of 12 500 EURO.

(5) The compensation shall be due jointly by the seller and the intermediary if available.

(6) The seller or the intermediary, if available, shall be obliged to notify the owner of the

right referred to in Art. 20, para 1 about the resale in a period of two months after it and to pay

him the due compensation within the same period through an organization for collective

administration of rights or directly.

(7) The owners of the copyright and their organizations for collective administration of

rights may in a period of three years after the resale require from each trader of works of art who

has participated in it to furnish any information that may be necessary to secure receiving of the

compensation referred to in Art. 20, para 1.

(8) Seller in the sense of this article shall be the natural or legal person on whose behalf the

sale is carried out.

Authorized Cable Broadcasting

Art. 21. (1) (suppl. - SG 28/00, in force from 05.05.2000; prev. text of Art. 21, amend. - SG

77/02, in force from 01.01.2003; amend. - SG 99/05, in force from 10.01.2006) The permission

for wireless broadcasting of a work shall include permission to transmit the work by cable by the

same organisation without paying additional compensation, provided that the transmission is

conducted simultaneously with the broadcast, unabridged and unaltered and does not extend

beyond the territory of which the right to broadcast has been granted.

(2) (new – SG 77/02, in force from 01.01.2003; amend. - SG 99/05, in force from

10.01.2006) Out of the cases referred to in para 1 permission for rebroadcasting of a work by

cable, simultaneously with the transmission or broadcasting, unabridged and unaltered, by

another organisation, shall be given only by organisation for collective administration of

(3) (new – SG 99/05, in force from 10.01.2006) Provided that author has conceded the right

of retransmission by cable his work to a producer of a phonogram or film or other audio-visual

work, the cable operator retransmission this work shall owe to the author compensation

separately from any other. Any waiver of such compensation by the author shall be invalid. The

right to collect this compensation may be conceded by the author only to organizations for

collective administration of the respective category of copyrights.

(4) (new – SG 99/05, in force from 10.01.2006) The compensation referred to in para 3

shall be collected only through organizations for collective administration of the respective

categories copyrights. The amount and the method of its payment shall be determined by

agreement between these organizations and the obliged cable operators.

(5) (new – SG 99/05, in force from 10.01.2006) The provisions of para 2, 3 and 4 shall not

impede conclusion of agreements for authorizing rebroadcasting of programmes between radio

and television organizations, implementing initial broadcasting or transmission of programmes of

their own, and the retransmitting operators. Provided that the rights of retransmission of works

included in the programmes of radio or television organizations have been duly conceded to

them, the permission given by the organizations shall also include these rights.

Authorized Broadcasting by Telecommunication Satellite

Art. 22. (amend. - SG 28/00, in force from 05.05.2000) (1) (amend. - SG 99/05, in force

from 10.01.2006) The authorization for wireless broadcasting of the work shall also include the

right to introduce the work into an interrupted chain of communication leading to satellite and

back to the earth through programme-carrying signals under the control and the responsibility of

the broadcasting organization in a way allowing its reception by the public. It shall be admissible

the reception of the signal by the public to be implemented through the mediation of an

organization different from the broadcasting one only if the author has conceded to this

intermediary organization the right of wireless broadcasting, to transmit it by cable or perform it

publicly in other way. In these cases the organization sending the signal to the satellite shall not

owe compensation.

(2) When the signal under para 1 is coded the authorization shall be considered granted

only on the condition that the decryption device is provided by the broadcasting organisation or

with its consent.

Right of Compensation at Rental or Lending

Art. 22a. (new – SG 99/05, in force from 10.01.2006) (1) Where author of musical or

audio–visual work has conceded his rental right of audio or video carriers containing his work to

the respective phonogram or film producer, the person renting such carriers shall owe to the

author fair compensation separate from any other. Any waiver of such compensation by the

author shall be invalid. The right to this compensation may be conceded in advance by the author

through organizations for collective administration of rights or directly.

(2) At lending of works or copies of carriers containing them the authors shall have the

right of compensation due by the person lending them.

(3) The provisions of para 1 and 2 shall not refer to the works of architecture, the applied

arts and the national artistic crafts.

(4) Para 2 shall not be applied at lending by state and municipal cultural organizations

implementing activity as libraries, school, university and culture centre libraries.

(5) The compensation referred to in para 2 shall be collected only through organizations for

collective administration of the respective categories of copyrights. The amount and the method

of their payment shall be determined by agreement between these organizations and the obliged

persons.

Chapter five.

FREE USE OF WORKS

Permissibility of the Free Use (title amend. – SG 77/02, in force from 01.01.2003)

Art. 23. (amend. - SG 77/02, in force from 01.01.2003) The free use of works shall be

permissible only in the cases, pointed out in the law, under the condition, that the normal use of

the work is not hampered and the legitimate interests of the owner of the copyright are not

impaired.

Free Use Without Payment of Compensation (title amend. – SG 77/02, in force from

01.01.2003)

Art. 24. (amend. - SG 77/02, in force from 01.01.2003) (1) Without consent of the owner of

the copyright and without payment of compensation shall be permissible:

1. (suppl. - SG 99/05, in force from 10.01.2006) temporary reproduction of works, having

transient or incidental character, not having independent economic significance, constituting

integral and essential part of the technological process and with the sole purpose to enable:

a) a transmission in a network between third parties by an intermediary, or

b) other permitted use of a work;

2. use of quotations from works of other persons already made available to the public at

criticism or overview, pointing out the source and the name of the author, unless impossible; the

quotation must comply with the usual practice and to be in amount, justified by the purpose;

3. use of parts of published works or of not big number of works in other works in amount,

necessary for analysis, commentary or other kind of scientific research; such use shall be

permissible only for scientific and educational purposes, indicating the source and the name of

the author, unless impossible;

4. use as current information in periodicals and the other mass media of speeches, reports,

preaches, etc. and parts thereof, presented at public meetings, as well as pleading, pronounced at

court procedures, indicating the source and the name of the author, unless impossible;

5. (amend. - SG 99/05, in force from 10.01.2006) reproduction by the mass media of

articles on current economic, political and religious topics already made available to the public

unless such use has been explicitly forbidden, indicating the source and the name of the author,

unless impossible;

6. reproduction in photographic, cinematographic or analogous way, as well as by sound

recording or video recording of works related to current event, in order these works to be used by

the mass media in limited extent justified by the informatory purpose, indicating the source and

the name of the author, unless impossible;

7. use of works, permanently exhibited at streets, squares and other public places without

mechanical contact copying, as well as wireless broadcasting or transmitting by cable or other

technical device, if done with informatory or other non-commercial purpose;

8. public presentation and public performance of published works in educational or other

learning establishments, provided that no pecuniary revenues are received and no compensation

is paid to the participants in the preparation and realization of the presentation or the

performance;

9. (amend. - SG 99/05, in force from 10.01.2006) reproduction of already published works

by publicly accessible libraries, educational or other learning establishments, museums and

archive institutions, with educational purposes or with the purpose of preservation of the works,

unless serving for commercial purposes;

10. reproduction of works with Braille script or other analogous method already made

available to the public, unless done for profit purposes;

11. granting access to individuals to works, located in collections of the organisations

referred to in item 9, under the condition, that it is done with scientific purposes and has no

commercial character;

12. temporary recording of work by radio- and television organisations, to which the author

has granted the right to use the work, carried out by their own technical devices and for the needs

of their own programmes within the margins of the granted authorization; records of important

documentary value can be preserved in official archive;

13. use of works for the purposes of the national security, in the court- or administrative

procedures or in the parliamentary practice;

14. use of works during religious ceremonies or at official ceremonies, organised by the

public authorities;

15. use of a building, which is work of architecture, or of a plan of such building for the

purpose of its reconstruction.

(2) The provisions of para 1 shall not refer to the computer software. The provisions of Art.

70 and 71 shall be applied thereto.

Free Use with Payment of Compensation (title amend. – SG 77/02, in force from

01.01.2003)

Art. 25. (amend. - SG 77/02, in force from 01.01.2003) (1) (amend. - SG 99/05, in force

from 10.01.2006) Without consent of the owner of the copyright but upon payment of fair

compensation shall be admissible:

1. reproduction with non-commercial purposes of printed works, except note materials, on

paper or other similar carrier by reprography or other technique, ensuring similar result;

2. reproduction of works, regardless of the carrier, by a natural person for personal use

unless done with commercial purposes.

(2) The provision of para 1, item 2 shall not refer to computer software and architectural

works. For the computer software shall be applied the provisions of Art. 70 and 71.

Binding of the Free Use with the Preservation of the Technological Measures for Protection

Art. 25a. (new – SG 77/02, in force from 01.01.2003) (1) (prev. text of Art. 25a – SG 99/05,

in force from 10.01.2006) The use of works under Art. 24, para 1 and Art. 25, para 1 cannot be

carried out in a way, which is accompanied with removal, damaging, destroying or disruption of

technological measures for protection without the consent of the owner of the copyright.

(2) (new – SG 99/05, in force from 10.01.2006) Users who want to benefit from the

provisions referred to in Art. 24, para 1, items 3, 9, 10, 12 and 13 and Art. 25, para 1, item 1 but

are impeded by technological measures for protection may request from the owner of the right to

grant them the respective access in extent justified by the purpose. This provision shall not apply

to the cases when works or other subject matter under protection have been made available to

unlimited number of persons on agreed contractual terms in a way allowing access from a place

and at a time individually chosen by each of them.

Compensation upon Free Use (title amend. SG 77/02, in force from 01.01.2003)

Art. 26. (1) (amend. and suppl. - SG 28/00, in force from 01.01.2001) Authors of works

recorded on sound or video carriers, as well as performers whose performances have been

recorded, and producers of phonograms and producers of the initial record of recorded films shall

be entitled to compensation whenever their recordings are recorded for personal use. Right of

such compensation shall also have the authors and publishers of any printed publications when

these works are reproduced in reprographic way for personal use.

(2) (amend. - SG 28/00, in force from 01.01.2001) The compensation referred to in para 1,

first sentence shall be owed by the persons who produce or import blank sound or video carriers

and appliances intended for recording, and the compensation referred to in para 1, second

sentence - by the persons who produce or import appliances intended for reproduction by

reprographic way. The amount of the compensation shall be 5 percent of the production cost of

the carriers produced in the country and 2 percent of the production cost of the appliances

produced in the country, respectively of the customs taxable value of the imported carriers and

appliances.

(3) (amend. - SG 28/00, in force from 01.01.2003; amend. - SG 77/02, in force from

01.01.2003; amend. - SG 99/05, in force from 10.01.2006) The compensations referred to in para

1, first sentence, and para 1, second sentence shall be paid to organisations which shall be

different for the two separate categories of rights, established according to the order of Art. 40, by

associations, representing the different categories of owners of rights under this Law. These

organisations shall distribute the compensation among their member associations. In advance to

the distribution 20 percent of the collected amount shall be deducted and deposited to the account

of the National Fund "Culture".

(4) (amend. - SG 28/00, in force from 01.01.2001) The distribution of the collected amount

among the individual categories of owners of rights shall be carried out in the following way:

1. regarding compensations under para 1, first sentence:

a) one third for the authors;

b) one third for the performers;

c) one third for the producers;

2. regarding compensations under para 1, second sentence:

a) 50 percent for the authors;

b) 50 percent for the publishers.

(5) (new - SG 28/00, in force from 01.01.2001; amend. - SG 77/02, in force from

01.01.2003) Amounts collected pursuant to para 1 shall be subject to return by the organisations

collecting them within a period of 6 months after the occurrence of the grounds thereof:

1. provided that the taxed blank sound and video carriers:

a) have subsequently become subject to export transaction without being recorded;

b) have been subsequently recorded in the country by a person who has legally acquired the

right to make such recording and has settled the issue of the copyright and its related rights

related to the record;

c) have been purchased by legally licensed radio or television organisations and have been

recorded by them and saved for the needs of their own broadcasts;

d) have been purchased by manufacturers of films and other audio-visual works and have

been recorded by them and used for their own production or advertising needs;

e) (new – SG 77/02, in force from 01.01.2001) have been supplied or are later supplied with

technological measures for protection of the rights.

2. (amend. - SG 77/02, in force from 01.01.2001) provided that the taxed appliances

intended for recording or reproduction in reprographic way:

a) have subsequently become subject of export transaction and if this transaction has been

carried out before their use in the country;

b) have been bought by publicly accessible libraries, educational or other learning

establishments, museums and archive establishments;

c) have been bought by the National Assembly, the National Investigation Service, the

National Guarding Service, the Ministry of Defence and the courts.

(6) (new - SG 28/00, in force from 01.01.2001) Appliances intended for recording in the

sense of this Art. shall be all appliances intended for recording works on sound or video carriers

from sound records and video records or from radio and televisions broadcasts, and appliances

intended for reproduction in reprographic way - the machines intended to make copies of printed

materials through photocopying or other method providing similar results.

(7) (new - SG 28/00, in force from 01.01.2003; revoked SG 77/02, in force from

01.01.2003)

(8) (new – SG 99/05, in force from 10.01.2006) The persons obliged to pay compensations

according to para 2 shall be obliged within a period of one month after the elapse of each period

of 6 months to provide to the respective organizations referred to in para 3 information about the

quantity and the types of carriers and appliances referred to in para 2 produced and/or imported

by them during the period of 6 months and about their production, respectively their customs

taxable value. The persons who have received this information shall not use it otherwise except

for collecting and distributing the compensations.

Chapter six.

DURATION OF COPYRIGHT

General Rule

Art. 27. (1) (amend. - SG 28/00, in force from 05.05.2000) Copyright shall be protected for

the life of the author and seventy years after his death.

(2) In the case of works created by two or more authors the term specified in para 1 shall

run from the death of the last surviving author.

Anonymous and Pseudonymous Works

Art. 28. (amend. and suppl. - SG 28/00, in force from 05.05.2000) Copyright in anonymous

or pseudonymous work shall expire seventy years after the work has been first made available to

the public. Provided that during the said term the author's identity is disclosed or if the

pseudonym leaves no doubt as to his identity, the provisions of the preceding Article shall apply.

Computer Programmes and Databases

Art. 28a. (new - SG 28/00, in force from 05.05.2000) Copyright in a computer programme

or database arising according to Art. 14 shall expire 70 years after making the work available to

the public. If during this term the author is disclosed, the provisions referred to in Art. 27 shall

apply.

Films

Art. 29. (amend. - SG 28/00, in force from 05.05.2000) Copyright in a film or other audio-

visual work shall expire 70 years after the death of the last surviving among the director, the

scriptwriter, the operator, the author of the dialogue and the author of the music if it has been

created specially for the film.

Collection Works

Art. 30. (1) (prev text of Art. 30, amend. - SG 28/00, in force from 05.05.2000) Copyright

in encyclopaedias, periodicals and other works referred to in Art. 3, para 2, item 3 shall expire

seventy years after their publication.

(2) (new - SG 28/00, in force from 05.05.2000) In the case of works published in volumes,

parts, issues or episodes the term under para 1 shall be calculated for each of them individually.

Beginning of the Terms

Art. 31. The terms referred to in the preceding Articles of this Chapter shall begin on the

first of January of the year following the year of the death of the author or in which the work was

created, respectively made available to the public or published, according to Art. 27 to 30.

Art. 32. (1) Upon the death of the author the copyright shall pass to his heirs by will or by

law according to the Law for the Inheritance.

(2) Copyright shall be inherited until expiration of the term of protection.

Exercising the Rights in Absence of Heirs

Art. 33. (amend. - SG 28/00, in force from 05.05.2000; suppl. - SG 77/02, in force from

01.01.2003; amend. - SG 28/05; amend. - SG 99/05, in force from 10.01.2006) In case the author

does not have heirs, or any such heirs die prior to the expiration of the term of protection, the

Ministry of Culture. In case the dead author or his heir was member of organisation for collective

administration of rights under this Law, that organisation shall at its own expense exercise these

rights until their expiration.

Use of Works after Expiration of the Term of Protection

Art. 34. After expiration of the term of copyright protection the works may be used freely

inasmuch as this does not infringe rights under Art. 15, items 4 and 5, which shall be of unlimited

duration. The bodies under Art. 33 shall monitor the observance of these rights and may, as an

exception, permit changes in the work.

Protection of Unpublished Works

Art. 34a. (new- SG 28/00, in force from 05.05.2000) Everyone who makes available to the

public a work after expiration of the term of protection of the copyright, if not published by then,

shall have the rights under Art. 18. This right shall expire after 25 years, beginning from the first

of January of the year following the year of making the work available to the public.

Chapter seven.

USE OF WORKS

Section I.

General Provisions

Consent of the Author for Use of the Work

Art. 35. The work may be used with the consent of the author unless otherwise provided for

by this Law.

Contracts on Use

Art. 36. (1) By concluding a contract on the use of his work the author shall grant to the

user the exclusive or non-exclusive right to use the work created by him under specific terms and

against compensation.

(2) Whenever an author grants to a user exclusive right to use a work, the author himself

may not use it in the manner for the term and on the territory agreed upon in the contract, nor

shall he grant such right to third parties.

(3) Whenever an author grants a user non-exclusive right to use a work, the author may

continue using it himself, as well as grant non-exclusive right to use the same work to third

parties.

(4) The granting of exclusive right under para 2 shall be explicit and in writing. Whenever

no such provision exists, it shall be considered that non-exclusive right has been granted.

(5) If no term has been specified in the contract, it shall be assumed that the right to use the

work has been granted for a period of three years, or five years for architectural works.

(6) If the contract does not specify a territory on which the user may use the work, the

country of citizenship of the user or the country of his seat, if a legal person, shall be considered

as such territory.

Effect and Duration of the Contract

Art. 37. (1) A contract under which the author has granted use of all works which he may

create for the rest of his life shall be considered invalid.

(2) A contract on the use of a work may not be concluded for a term exceeding ten years.

Whenever the contract has been concluded for a longer term, it shall have effect for ten years

only. This limitation shall not apply to contracts related to architectural works.

Amount of the Compensation

Art. 38. (1) The compensation of the author may be defined as a portion of the revenues

received from the use of his work, as single amount or in other form.

(2) Whenever the compensation defined as single amount proves obviously

incommensurate with the revenues received from the use of the work, the author may claim

increase of the compensation. If no agreement can be reached between the parties, the issue shall

be resolved through the courts ex aque et bono.

Avoiding a Contract when the Performance has not Commenced

Art. 39. (1) If a contract granting exclusive rights does not specify a deadline by which the

user should commence the use of the work, the author may avoid the contract if the use has not

started within two years from the conclusion, or from the date of ceding the work if done after

conclusion of the contract.

(2) Para 1 shall not apply to architectural works.

Collective Administration Organisations

Art. 40. (1) Authors may at their own will establish organisations for collective

administration of copyrights and grant to them the right to negotiate the use of their works in one

or more ways and to collect compensations.

(2) A publisher who has been granted by the author rights besides the right to publish may

transfer the administration of these rights to an organisation under the preceding Paragraph.

(3) Organisations carrying out collective administration of copyrights may only be

associations of authors and other owners of such rights. These organisations shall not operate for

profit and shall distribute all assets received from users among their members after making the

deductions necessary for their own operation. The establishment and functioning of such

organisations shall be carried out according to the order established for non-profit associations.

(4) (amend. - SG 28/00, in force from 05.05.2000; amend. - SG 28/05; amend. - SG 99/05,

in force from 10.01.2006) All organisations under para 1 shall be obliged to submit to the

Ministry of Culture a copy of the court ruling for registration and of any possible subsequent

changes thereof within two months. The Ministry of Culture shall keep a register of such

organisations.

(5) Organisation under para 1 shall not refuse membership to any person who is owner of

such rights as that organisation manages.

(6) Rules on the distribution of the compensations collected by the organisations under para

1 among the eligible members shall be proposed by the elected management body of the

organisation and adopted by the general meeting of its members.

(7) (amend. - SG 28/00, in force from 05.05.2000; amend. - SG 99/05, in force from

10.01.2006) The organisations referred to in para 1 shall have the right to represent their

members, the allied organisations abroad with whom they have concluded contracts for mutual

representation and their members before all jurisdiction and administrative bodies in protecting

their rights entrusted for administration to them. For the protection of these rights the

organisations referred to in para 1 may, on their own behalf, undertake any juridical activities,

including laying claims under Art. 94, 94a and 95 and to request imposing of measures under Art.

95c, 95d, 96a, 96b and 96d.

(8) (new - SG 28/00, in force from 05.05.2000) In the cases where this law stipulates

granting consent of the authors to be done only through organisation for collective administration

of rights, the organisation administering the respective rights shall also act on behalf of authors

who are not its members, being obliged to settle its relations with them in the same way as with

its members.

Work Created Under Employment Relationship

Art. 41. (1) Copyright in a work created under employment relationship shall belong to the

author unless otherwise provided by this Law.

(2) (amend. - SG 28/00, in force from 05.05.2000) The employer shall have the exclusive

right without authorization by the author and without paying compensation, unless otherwise

provided by the employment contract, to use such a work for his own purposes. The employer

may exercise this right in a manner and to a degree corresponding to his usual activity.

(3) Whenever the employee compensation of the author at the time of creation of the work

under para 1 proves incommensurate with the revenues in the sense of Art. 38, para 2 collected

from the use of the work, the author may demand additional compensation. If no agreement was

reached between the parties, the issue shall be resolved through the court ex aque et bono.

Work Created under Mandate

Art. 42. (1) Copyright in a work created under mandate shall belong to the author of the

work unless otherwise provided by the assignment contract.

(2) Unless agreed otherwise, the mandator shall have the right to use the work without

authorization by the author for the purpose it was commissioned.

Section II.

Publishing Contract

Definition

Art. 43. By the publishing contract the author grants the publisher the right to reproduce

and distribute the work, and the publisher is obliged to perform these actions and to pay the

author compensation.

Types

Art. 44. By publishing contract granted may be the right to reproduce and distribute a work

which has been already created, or a work which the author has promised to create.

Expanding the Field of Application

Art. 45. (1) Where by a publishing contract an author has granted a publisher the right to

use the work for other purposes besides publishing, the publisher may grant the use of the work

for these other purposes to third parties if this is explicitly agreed upon.

(2) In case of granting under para 1, the publisher shall inform the author in writing.

Form

Art. 46. The publishing contract shall be concluded in written form.

Special Non-Mandatory Rules

Art. 47. Unless otherwise provided by the publishing contract, it shall be assumed that:

1. the publisher has been granted rights for one printing only;

2. (amend. - SG 28/00, in force from 05.05.2000 the publisher has been granted the right to

publish the work in printing of no more than ten thousand copies;

3. compensation to the amount of fifteen per cent of the retail price of each sold copy of the

work shall be due to the author;

4. the number of copies which the publisher may provide to the author free of charge may

not be less than five for each printing;

5. the publisher shall publish the work in the language in which it has been ceded to him;

6. the publisher may distribute the printing only on the territory of the country of his

citizenship or where his seat is located if a legal person.

Making Amendments

Art. 48. Prior to undertaking a subsequent printing the publisher shall be obliged to give the

author a chance to make amendments and supplementations to the work.

Returning Originals Offered for Publishing

Art. 49. The publisher shall be obliged to return the originals of works of fine art, original

documents, illustrations and other originals offered for publication unless agreed otherwise in

writing.

Destroyed Copies

Art. 50. In case that reproduced but not yet offered for sale copies of the work are fully or

partially destroyed not through the fault of the publisher, the latter may restore the destroyed

copies within one year without providing compensation to the author.

Termination

Art. 51. Unless agreed otherwise, the publishing contract shall be terminated with

expiration of its term or when the run is sold out, or when the last run is sold out if more than one

printing have been agreed upon.

Termination Prior to Expiration of the Term

Art. 52. (1) Unless agreed otherwise, the author may terminate the publishing contract

unilaterally by written notification whenever that contract was concluded for more than one

printing and the run of the last printing was sold out and no subsequent reproduction and

distribution of the work was undertaken by the publisher within one year, provided that the

author had requested the publisher to do so within the same term.

A print run shall be assumed sold-out whenever the number of unsold copies amount to no

more than five per cent of the run of the printing.

(2) In the cases referred to in para 1 the author shall not refund the compensation already

received.

Publishing at the Expense of the Author

Art. 53. (1) The author may at his own expense assign to publisher the reproduction and

distribution of a given number of copies of his work.

(2) The author may agree with a publisher to reproduce and distribute copies of the work by

participating in the expenses of the publishing and in the revenues of the distribution.

Contracts on Reproduction and Distribution of Phonograms

Art. 54. (1) (amend. - SG 28/00, in force from 05.05.2006) If the contract for reproduction

and distribution of the work in the form of phonograms does not stipulate otherwise and the

author has not granted the management of these rights to organisation for collective

administration it shall be considered that:

1. the user shall be obliged to carry out the recording within six months from the day on

which the author has submitted the work in a form allowing the recording, and the reproduction

and the distribution - within six months from the recording;

2. the user has been granted the right to reproduce the work in a run of no more than 5000

copies;

3. compensation shall be owed to the author amounting to the respective part of 10 percent

of the wholesale price of each sold copy of the sound carrier, proportionally of the duration of his

work to the duration of the whole sound carrier;

4. the user shall provide to the author free of charge 5 copies of each produced variant of

the sound carriers.

(2) (revoked - SG 28/00, in force from 05.05.2000)

(3) (amend. - SG 99/05, in force from 10.01.2006) 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, wireless broadcasting, or transmission

or retransmission by cable. The inclusion of such rights shall be agreed upon explicitly.

Section III.

Contract on Public Presentation or Performance

Definition

Art. 55. With a contract on public presentation the author of a performing arts work shall

grant a user the right to present the work, and the user shall be obliged to present the work and

pay compensation to the author.

Non-Mandatory Rules

Art. 56. Unless otherwise provided by contract, it shall be assumed that:

1. the author may grant the right of public presentation to other users outside the population

centre where the user has his seat;

2. the term of the contract shall be three years;

3. the user shall present the work to the public within a term of one year from receiving it;

4. (amend. - SG 28/00, in force from 05.05.2000) the compensation to the author shall be

determined in amount of fifteen per cent of the gross revenues of each presentation of the work;

5. the user shall report to the author twice per year on the number of public performances

and the amount of revenue received;

6. the author may terminate the contract whenever the user has halted the public

presentation of the work for a period longer than one year.

Contracts on the Use through Wireless, Cable or Other Technical Means

Art. 57. (amend. - SG 99/05, in force from 10.01.2006) The provisions of items 1, 2, and 3

of Art. 56 shall also apply to contracts on broadcasting by wireless or transmission and

retransmission by cable of performing arts works, as well as of musical or literary works that

have not been made available to the public. Unless agreed otherwise in the contract it shall be

assumed that the author has granted the user the right of a single broadcast or transmission of the

work.

Contracts on Public Performance

Art. 58. (1) (prev. text of Art. 58, suppl. - SG 28/00, in force from 05.05.2000; amend. - SG

99/05, in force from 10.01.2006) Consent on the public performance, live or recorded, on

broadcasting by wireless or transmission and retransmission by cable of musical and literary

works which have already been made available to the public, shall be provided in writing by the

author or by a duly authorised organisation for collective administration of copyrights which shall

negotiate, collect and pay the compensations due. When the consent is given by an organisation

for collective administration the user shall be obliged to submit a precise account on the used

works and their authors.

(2) (new - SG 28/00, in force from 05.05.2000; revoked – SG 77/02, in force from

01.01.2003)

Section IV.

Contract on Publishing in a Periodical

Right to Use an Ordered Work

Art. 59. (1) The author of a work under mandate may not, without the consent of the

publisher, offer that work or parts thereof to other periodicals for publishing as a separate

publication as well as for wireless broadcasting prior to its publishing by the publisher.

(2) Unless agreed otherwise, the restrictions under the preceding Paragraph shall not apply

where fifteen days, for newspapers, and three months, for magazines, have elapsed since the

submission of the manuscript and the publisher has not published it or has not informed the

author within those terms that the work will be published indicating the number of the issue in

which it will be published.

Right of Second Use

Art. 60. The author may use his work, already published in a periodical, after the date of

publication unless agreed otherwise in writing.

Returning of Materials Offered for Publication

Art. 61. The publishers of periodicals shall return the originals of works of fine art, original

documents and illustrations offered for publication, unless agreed otherwise in writing.

Section V.

Creating and Using Films and Other Audio-Visual Works

Owners of Rights

Art. 62. (1) (suppl. - SG 77/02, in force from 01.01.2003) Copyright in films and other

audio-visual work shall belong to the director, the scriptwriter and the operator. In respect of

cartoons the production designer shall also have copyright.

(2) The authors of the music, the dialogue, the already existing literary work upon which

the audio-visual work was made, the scenery, the costumes, as well as of all other works included

in it shall retain copyrights in their own works.

(3) Producer in the sense of this section shall be the natural or legal person who organises

the creation of the work and provides its financing.

Contracts on Creation and Use

Art. 63. (1) (amend. and suppl. - SG 99/05, in force from 10.01.2006) The authors under

Art. 62 shall conclude written contracts with the producer that, unless agreed otherwise or

otherwise provided by this Law, shall be deemed to grant the producer within the country and

abroad the exclusive right of reproduction of the work, communication to the public, wireless

broadcasting or transmission and retransmission by cable, reproduction on video carriers and

their distribution, making it or part of it available to unlimited number of persons by wireless

means or by cable in a way allowing access from a place and at a time individually chosen by

each of them, as well as the right to authorise the translation, dubbing and subtitling of the text.

(2) The producer shall pay the authors under the preceding Article compensation for the

rights granted. In this case the provisions of Art. 41, para 2 and Art. 42, para 2 shall not apply.

(3) Provided that any of the authors under Art. 62 refuses to complete his part in the

creation of the film or other audio-visual work, or cannot complete it through no fault of himself,

he shall not prevent the use of the work completed by him for the completion of the project. That

shall not deprive him of the copyright in the portion of the work completed by him with all

ensuing consequences.

(4) An audio-visual work shall be considered completed whenever a final version was

established by agreement between the director and producer.

(5) Any changes in the final version through addition, elimination or change of some of the

elements require the consent of the persons under para 4.

(6) (amend. - SG 63/94) Upon declaring bankruptcy of a producer any author under Art. 62

shall be entitled to purchase the source materials of the work at the highest offered price provided

that within three days from closing of the biddings he requests that in writing.

(7) (amend. - SG 77/02, in force from 01.01.2003) In case the producer cannot finish the

work or after finishing it he wants to dispose of the source working materials containing initial

record or respectively the source materials of the final version of the work, he shall be obliged to

concede them to the authors under Art. 62, para 1 for free.

(8) (new - SG 28/00, in force from 05.05.2000) Within five years from the date of making

the work available to the public the producer or the persons who have become owners of the

source materials of the final version of the work shall deposit these materials into the National

Film Archive. This shall concern only films whose producer is a Bulgarian natural or legal

person.

Secondary Use

Art. 64. (amend. - SG 99/05, in force from 10.01.2006) The producer may grant to third

parties, at assuming the obligations under Art. 65, the right to broadcast the work by wireless

means or to transmit and retransmit it by cable, to reproduce it on video carriers for distribution

and communication to the public, where he shall be obliged to notify the authors under Art. 62,

para 1 in writing within one month, unless otherwise provided by this Law.

Compensations

Art. 65. (1) (amend. - SG 28/00, in force from 05.05.2000; suppl. - SG 77/02, in force from

01.01.2003; suppl. - SG 99/05, in force from 10.01.2006) The director, the scriptwriter, the

operator and the composer, and in respect of cartoons – also the production designer, shall be

entitled to fair compensation, separate from the one referred to in Art. 63, para 2, also for each

type of use of the film or audio-visual work, while the rest of the authors referred to in Art. 62 –

only in case such compensation has been agreed upon. The compensations from the different

types of use of the work granted by the authors to the producer referred to in Art. 63, para 1, as

well as the way in which the author wants to receive them in compliance with para 2 shall be

determined separately for each type of use.

(2) Compensations for the different types of use of the work shall be due by the respective

users and, upon request by the authors, may be received through the producer or through

organisation for collective administration of copyrights. In the latter case, the producer shall

include such a provision in the contracts on the use of the work concluded by him.

(3) In case already announced work is communicated to the public for an admission fee, the

compensation shall be proportional to the revenue of the producer.

(4) (suppl. - SG 77/02, in force from 01.01.2003; amend. - SG 99/05, in force from

10.01.2006) Regardless of the compensation referred to in para 2, the authors under para 1 shall

be entitled to a percentage of every revenue of the producer, realised from the use of the work.

(5) (new – SG 99/05, in force from 10.01.2006) Where the use is in the form of rental or

lending of copies of the work the provisions of Art. 22a shall be applied.

(6) (new – SG 99/05, in force from 10.01.2006) Where the use is in the form of

retransmission of the work by cable the provisions of Art. 21, para 3, 4 and 5 shall be applied.

Accounting to the Authors

Art. 66. At the request of the persons referred to in Art. 62, the producer shall provide to

them at least once a year a statement on the revenues from each type of use of the work.

Use of Parts of a Film

Art. 67. The producer may use parts of the work or individual frames in amount justified by

the film advertising without the consent of the authors and without payment of compensation. He

may use such parts or frames for other purposes only with the consent of the authors under Art.

62, para 1 and shall pay them compensation. Other persons may use parts or frames only with the

consent of the authors under Art. 62, para 1 and shall pay them compensation.

Section VI.

Use of Works of Fine Art, Architecture and Photography

Assumption of Granted Right of Public Exhibition

Art. 68. (1) (prev. text of Art. 68, amend. - SG 28/00, in force from 05.05.2000) The

transfer of ownership of works of fine art and works created by photographic or analogous

method shall also transfer, unless agreed otherwise in writing, the transfer of the right of public

exhibition of the works.

(2) (new - SG 28/00, in force from 05.05.2000) The transfer of the right of using

architectural design, unless otherwise agreed, shall also transfer the right of public exhibition of

the design.

Subsequent Use of Architectural Project

Art. 69. The written consent of the author shall be required for every subsequent use of the

architectural project of an already completed building or other created object.

Section VII.

Use of Computer Programmes

Non-Mandatory Rules

Art. 70. Unless agreed otherwise, it shall be deemed that the person who has lawfully

acquired the right to use a computer programme may use that programme, display it on a screen,

execute it, transmit it, store it in the memory of computer, translate it, adapt it and introduce other

changes in it as much as these actions are necessary for attaining the objective for which the right

to use that programme was acquired, including for elimination of errors.

Mandatory Rules

Art. 71. The person who has lawfully acquired the right to use a computer programme may

without the consent of the author and without payment of separate compensation:

1. make a back-up copy of the programme insofar as it is necessary for the respective use

for which the program had been acquired;

2. observe, study and test the functioning of the programme in order to determine the ideas

and principles which underlie any of its elements as much as this is done in the process of loading

the programme, displaying it on a screen, running, transmitting or storing it in the computer

memory on the condition that he is entitled to carry out these actions pursuant to Art. 70;

3. (suppl. - SG 28/00, in force from 05.05.2000) translate the programming code from one

form into another only if that is absolutely necessary for obtaining information to achieve

interoperability of an existing program with other programs and on the condition that the

necessary information on how to do that is not readily provided and that these acts are undertaken

only in respect of such parts of the programme that are necessary to achieve interoperability. The

obtained information shall not be used for the creation and distribution of a computer programme

insignificantly different from the programme the code of which is being translated, nor for any

other action that may infringe the copyrights in the programme.

Administration and Control of Software Assets by the Bodies of the State Authority and the

Local Government

Art. 71a. (new – SG 77/02, in force from 01.01.2003; revoked – SG 99/05, in force from

10.01.2006)

Part two.

RELATED RIGHTS AND OTHER SPECIAL RIGHTS (title suppl. -

SG 77/02, in force from 01.01.2003)

Chapter eight.

GENERAL PROVISIONS

Owners and Subject Matter of Related Rights (amend. - SG 28/00, in force from

05.05.2000)

Art. 72. Rights, related to the copyright, shall have:

1. the performers in their performances;

2. the producers of phonograms in their phonograms;

3. the producers of the initial record of a film or other audio-visual work in the original and

the copies obtained as a result of this record;

4. the radio and television organisations in their programmes.

Collision with Copyrights

Art. 72a. (new - SG 28/00, in force from 05.05.2000) The related rights shall not be

exercised in a way which may lead to infringement or restriction of copyrights.

Assumption of Ownership of Related Rights

Art. 72b. (new – SG 99/05, in force from 10.01.2006) Unless proven otherwise owner of

right under Art. 72 shall be considered the person whose name, firm or other identifying mark are

indicated or mentioned in the usual way on the respective record, copies and/or their packing, or

in the course of broadcasting the programme.

Exercising Related Rights through Organisations for Collective Administration

Art. 73. (suppl. - SG 28/00, in force from 05.05.2000) The economic rights of the

performers, producers of phonograms, producers of films and radio and television organisations

may be exercised by organisations for collective administration of rights authorized by them in

compliance with the provisions of Art. 40.

Chapter nine.

RIGHTS OF THE PERFORMER

Owner of the Right

Art. 74. (amend. and suppl. - SG 28/00, in force from 05.05.2000) Performer shall be a

person who presents, sings, plays, dances, declaims, acts, directs, conducts, comments, dubs roles

or performs in other manner a work, circus or variety performance, puppet show or a folklore

work.

Moral Rights

Art. 75. (1) The performer shall have the following moral rights:

1. the right to require that his name, pseudonym or artistic name is indicated or announced

in the usual manner at each live performance and at each use of the recorded performance in any

manner;

2. the right to require that the recorded performance is preserved entire and unmodified at

its reproduction or use in any other manner.

(2) The right under item 1 of the preceding Paragraph shall be inalienable. Transfer of the

right referred to in item 2 may be only explicit and in written form.

Economic Rights

Art. 76. (1) The performer shall have the exclusive right to permit for compensation:

1. (amend. - SG 99/05, in force from 10.01.2006) wireless broadcasting of his performance,

transmission and retransmission by cable, as well as sound or video recording of the

performance, reproduction of the recordings on audio or video carriers and their distribution;

2. (amend. - SG 99/05, in force from 10.01.2006) public performance, wireless

broadcasting, transmission and retransmission by cable of these recordings.

3. (new - SG 28/00, in force from 05.05.2000; amend. - SG 99/05, in force from

10.01.2006) providing access to his recorded performance or part of it by wireless means or by

cable to unlimited number of people in such a way that it may be accessed from a place and at a

time individually chosen by each of them.

4. (new – SG 77/02, in force from 01.01.2003) import and export of copies of the recording

of the performance in commercial quantity, regardless whether the copies are lawfully produced

or in infringement of the rights referred to in item 1.

(2) Performing artists shall grant the rights under the preceding Paragraph by a written

contract. The compensation may be negotiated as portion of the revenues, single payment or in

other form.

(3) Unless agreed otherwise in the contract between the performer and the producer of

phonograms, the performer shall be entitled to authorize other persons to record and distribute his

performances as well. Any agreement limiting the right of the performer to grant such

authorization shall not be valid for more than five years.

(4) (revoked - SG 28/00, in force from 05.05.2000)

Secondary Use

Art. 77. (amend. - SG 99/05, in force from 10.01.2006) The amount of the compensations

of the performers and producers of phonograms for wireless broadcasting, transmission and

retransmission by cable or for public performance through audio equipment or in other manner of

their performances or phonograms which have been already made available to the public, shall be

determined according to the order of § 5 of the Additional Provisions, where half of the amount

shall be paid to the performers, and the other half to the producers of phonograms.

Participation in Filming

Art. 78. (1) (suppl. - SG 28/00, in force from 05.05.2000; amend. SG 99/05, in force from

10.01.2006) Unless agreed otherwise in the performance contract, it shall be deemed that the

performer who has participated in the making of a film or other audio-visual work has thereby

granted to the producer of the work also the right of public communication of the recorded

performance, its wireless broadcasting, transmission and retransmission by cable, as well as its

reproduction on video carriers and their distribution.

(2) A role performed by a performer in a film or another audio-visual work may be dubbed

in the same language by another person only with the consent of the performer who has

performed the role.

(3) (New - SG 28/00, in force from 05.05.2000) The contracts under para 1 with performers

playing main roles shall also stipulate extra compensation in percentage of each gross revenue of

the producer from using the work. Their compensation shall be paid, according to the contract, by

the producer or by the respective users. Where their compensation shall be paid by the respective

user, the producer shall be obliged to provide for this in the contracts for using the work

concluded by him. If the compensation was not negotiated it shall be determined according to

agreement between the associations of the actors on one side and the producers or their

associations on the other.

(4) (New - SG 28/00, in force from 05.05.2000) Performers playing main roles in the sense

of para 3 shall be the persons announced in the captions of the film in a way, unambiguously

indicating that they are considered as such, until proven otherwise. Where such indications are

missing, taken into consideration shall be eventual explicit agreements on this issue in the

contract between the producer and the performer, and if it does not contain such agreements or

the contract is not presented, taken into consideration shall be the explicit opinion of the

scriptwriter, presented in writing regardless at what time.

(5) (new – SG 77/02, in force from 01.01.2003) In case the television organisation is also a

producer of a film or an audio–visual work, the persons referred to in para 3 shall have right of

additional compensation for each use of the work by this organisation, where the amount of this

compensation shall be determined according to para 3, sentences two and four.

(6) (new – SG 77/02, in force from 01.01.2003) Persons performing a role in audio–visual

work intended for advertising, shall have the right for the period, during which the work is

communicated to the public, of additional compensation as percentage of the profit of the

advertiser from the advertising activity, product or service in the country. This compensation

shall be agreed in the contract between the producer and the advertiser. If the producer and the

advertiser are not in direct contractual relation, the producer shall be obliged to provide the

payment of this compensation in his contract with the person, who has assigned the creation of

the work.

(7) (new – SG 99/05, in force from 10.01.2006) Where the use under para 3 is in the form

of rental or lending of copies, the provisions of Art. 22a shall be applied.

Authorization by Collective Performers

Art. 79. The participants in collective performances, such as choir, orchestra, ensemble and

other artistic group, shall authorize in writing one person to grant the authorizations under this

Chapter regarding the use of their performances. The soloists and the conductor, as well as the

director of a performing art work shall provide authorization separately.

Indicating Names in Collective Performances

Art. 80. In respect of collective performances the name of the ensemble or the group as a

whole and the names of the soloists, the conductor and the director of the performing art work,

unless agreed otherwise with these persons, shall be indicated or announced in the usual manner.

Performance under Employment Relationship

Art. 81. The authorization for use as referred to in Art. 76, para 1 of a performance

performed under employment relationship shall be granted by the employer unless agreed

otherwise with the performer.

Duration

Art. 82. The rights of the performers shall expire after fifty years. This term shall run from

the first of January of the year following the year in which the recording of the performance was

published, or in case the recording was not published or the performance was not recorded - from

the beginning of the year following the year in which the first performance was held.

Protection of the Names of Artistic Groups

Art. 83. (1) (amend. and suppl. - SG 28/00, in force from 05.05.2000; amend. - SG 28/05;

amend. - SG 99/05, in force from 10.01.2006) The name of artistic group shall be registered by

the Ministry of Culture according to order established by the Council of Ministers. For

submission of application for registration, for making reference in the register and for issuance of

documents for facts entered into the register fees shall be collected in amounts determined by a

tariff approved by the Council of Ministers.

(2) (new - SG 28/00, in force from 05.05.2000) The names of the artistic groups shall be

registered obligatorily in Cyrillic. Upon request of the applicant added to the registration may be

the same name in other alphabet.

(3) (prev. text of para 02 - SG 28/00, in force from 05.05.2000) The name registered under

para 1 shall not be used by other groups.

(4) (prev. text of para 03 - SG 28/00, in force from 05.05.2000) Provided that another group

has used the same or a similar name prior to the registration, it may request deletion of the

registration.

(5) (prev. text of para 04 - SG 28/00, in force from 05.05.2000) Disputes over similarities of

names, or over which group was the first to use a name, shall be settled by the court.

(6) (prev. text of para 05 - SG 28/00, in force from 05.05.2000) The right of name under

para 1 shall be protected for a period of ten years after the artistic group has discontinued its

activity. This term shall run from the first of January of the year following the year of

discontinuance.

Application by Analogy

Art. 84. (amend. and suppl. - SG 28/00, in force from 05.05.2000; amend. - SG 77/02, in

force from 01.01.2003; amend. - SG 99/05, in force from 10.01.2006) The provisions of Art. 18,

para 3, Art. 18a, 19, 21, 22, 22a, 23, Art. 24, para 1, items 1, 6, 8, 12 and 14, Art. 25, para 1, item

2, Art. 25a, 26, 32, 33, 34, 36, 37 and Art. 58, para 1 shall be applied respectively also to the

rights of the performers, and of Art. 66 – to the rights of the persons under Art. 78, para 3.

Chapter ten.

RIGHTS OF THE PRODUCERS OF PHONOGRAMS

Owner of the Right

Art. 85. Producer of a phonogram shall be the natural or legal person who organises the first

recording and provides its financing.

Economic Rights

Art. 86. (1) The producer shall have the exclusive right to authorize for compensation:

1. reproduction and distribution of the phonogram;

2. (suppl. - SG 77/02, in force from 01.01.2003) import and export of copies of the

phonogram in commercial quantity, regardless whether they have been manufactured legally or in

infringement of the rights under item 1;

3. (amend. - SG 99/05, in force from 10.01.2006) public performance and wireless

broadcasting and transmission and retransmission of the phonogram by cable.

4. (new - SG 28/00, in force from 05.05.2000) providing access to the phonogram or part of

it by wireless means or by cable to unlimited number of people in such a way that it may be

accessed from a place and at a time individually chosen by each of them.

(2) The producer may grant under contract some of his rights under para 1 to other persons,

including authors and performers of the recorded works.

Moral Rights

Art. 87. (1) The producer shall have the right to require his name to be indicated in the

usual manner on the sound carriers, including their cover and boxes, at the reproduction and

distribution of the phonograms made by him.

(2) (revoked – SG 99/05, in force from 10.01.2006)

Secondary Use

Art. 88. (amend. - SG 99/05, in force from 10.01.2006) The compensations of the producers

of phonograms due for wireless broadcasting, transmission and retransmission by cable, or for

public performance by sound equipment or other means of their phonograms that have been

already made available to the public, shall be determined and paid in the way and order provided

by Art. 77.

Duration

Art. 89. (amend. - SG 77/02, in force from 01.01.2003) The rights of producers under this

Chapter shall expire after fifty years. This term shall run from the first of January of the year

following the year in which the phonogram was made. If the phonogram was lawfully published

during this period, the term shall run from the first of January of the year, following the year of

this publishing. If the phonogram was not lawfully published, but was lawfully made available to

the public in another way during this period, the term shall start on the first of January of the

year, following the year of making it available to the public.

Application by Analogy

Art. 90. (amend. - SG 28/00, in force from 10.01.2006; amend. - SG 77/02, in force from

01.01.2003; amend. - SG 99/05, in force from 10.01.2006) The provisions of Art. 8, Art. 18, para

3, 18a, 19, 21, 22, 22a, 23, Art. 24, para 1, items 1, 3, 6, 8, 11, 12, 13 and 14, Art. 25, para 1, item

2, Art. 25a, 26, 32, 33, 34 and 36 shall also apply respectively also to the producers of

phonograms.

Chapter ten.

"A" RIGHTS OF THE FILM PRODUCERS (new - SG 28/00, in

force from 05.05.2000)

Contents of the Right

Art. 90a. (1) The producer of the initial recording of the film or another audio-visual work

shall have in respect of the original of the film and the copies of it, obtained as a result of this

recording, an exclusive right to authorize for payment:

1. their multiplication;

2. their public showing;

3. their wireless broadcasting;

4. (amend. - SG 99/05, in force from 10.01.2006) their transmission and retransmission by

cable;

5. their reproduction;

6. their distribution;

7. their translation, dubbing and subtitling;

8. (amend. - SG 99/05, in force from 10.01.2006) providing access to the film or part of it

by wireless means or by cable to unlimited number of people in such a way that it may be

accessed from a place and at a time individually chosen by each of them;

9. (new – SG 77/02, in force from 01.01.2003) the import and the export of copies of the

film in commercial quantity, regardless of whether they have been manufactured lawfully or in

infringement of the right referred to in item 1 or item 5.

(2) The producer shall have the right to require his name or firm to be indicated in the usual

manner at using the film.

Duration

Art. 90b. (new – SG 28/00, in force from 05.05.2000) The rights of the producer under this

Chapter shall expire after fifty years. The terms shall run from the first of January of the year

following the year of making the film available to the public, and if it was not made available to

the public - from the beginning of the year following the year of its creation.

Application by Analogy

Art. 90c. (new – SG 28/00, in force from 05.05.2000; amend. - SG 77/02, in force from

01.01.2003; amend. - SG 99/05, in force from 10.01.2006) The provisions of Art. 8, Art. 18, para

3, Art. 18a, 19, 21, 22, 22a, 23, Art. 24, para 1, items 1, 2, 3, 6, 8, 11, 12, 13 and 14, Art. 25, para

1, item 2, Art. 25a, 26, 32, 33, 34 and 36 shall apply respectively also to the film producers.

Chapter eleven.

RIGHTS OF RADIO AND TELEVISION ORGANISATIONS

Contents of the Rights

Art. 91. (1) (amend. - SG 28/00, in force from 05.05.2000; amend. - SG 77/02, in force

from 01.01.2003) The radio and television organisation which has carried out the initial

broadcasting or transmission of its own programme shall have exclusive right to authorize for

payment:

1. (amend. - SG 99/05, in force from 10.01.2006) wireless rebroadcasting or retransmission

by cable of the programme;

2. the recording, the reproduction and the distribution of the recordings of the programme;

3. (amend. - SG 99/05, in force from 10.01.2006) providing access to the programme or

part of it by wireless means or by cable to unlimited number of people in such a way that it may

be accessed from a place and at a time individually chosen by each of them;

(2) The provision of the preceding Paragraph shall also apply where a programme sent by a

radio or television organisation through signal to a communications satellite, is rebroadcasted,

retransmitted, recorded, reproduced or distributed by other persons.

(3) (new - SG 28/00, in force from 05.05.2000) Where the radio and television organisation

under para 1 or a person authorised by it restricts the circle of persons receiving its programme by

encrypting the signal containing it, the authorization shall be considered granted only on the

condition that the decrypting device is provided by the broadcasting organisation or with its

consent.

(4) (new - SG 28/00, in force from 05.05.2000) For each use of the programme in the sense

of para 1 the using organisation shall be obliged to indicate in a suitable way the name of the

organisation which has carried out the first broadcasting or transmission of the programme.

(5) (new – SG 77/02, in force from 01.01.2003; amend. - SG 99/05, in force from

10.01.2006) Where a radio or television organisation authorizes the simultaneous, entire and

unmodified broadcasting of its programme through the cable network of another organization, the

authorization granted by the radio or television organization shall explicitly include also the

rights of broadcasting and transmission of the works included in the programme if these rights

have been duly granted to it.

Duration

Art. 92. The rights of radio and television organisations under this Chapter shall expire after

fifty years. This term shall run from the first of January of the year following the year in which

the programme was broadcasted or transmitted for the first time.

Application by Analogy

Art. 93. (amend. - SG 77/02, in force from 01.01.2003; amend. - SG 99/05, in force from

10.01.2006) The provisions of Art. 8, Art. 18, para 3, Art. 18a, 19, Art. 21, para 1, 22, 23, Art. 24,

para 1, items 1, 2, 3, 8, 12, 13 and 14, Art. 25a and 36 shall respectively apply also to the radio

and television organisations.

Certifying the Right to Manufacturing and Distribution

Art. 93a. (new – SG 10/98; revoked – SG 28/00, in force from 05.05.2000)

Chapter eleven.

"a" RIGHTS OF THE MAKERS OF DATABASES (new – SG

77/02, in force from 01.01.2003)

Owner of the Right

Art. 93b. (new – SG 77/02, in force from 01.01.2003) (1) Owner of the right shall be the

maker of the database.

(2) Maker of database shall be the natural or legal person, who has taken the initiative and

the risk to invest in collecting, verifying or using the contents of a database, if this investment is

significant in qualitative or quantitative respect.

Contents of the Right

Art. 93c. (new – SG 77/02, in force from 01.01.2003) (1) The maker of database shall have

the right to prohibit:

1. the extraction through permanent or temporary transfer of the contents of the database or

its significant in quantitative or qualitative respect part to another carrier by any means or in any

form;

2. re-utilization of the contents of the database or a substantial in qualitative or quantitative

respect part of it by making it available to the public by any means or in any form, including by

distribution of copies, renting or by providing in digital way.

(2) Lending shall not be considered extraction or re-utilization in the sense of para 1.

(3) The right of para 1 may be transferred or granted to other persons.

(4) The maker of database shall have the right to prohibit the activities referred to in para 1

also regarding insubstantial part of its contents, when these activities are carried out repeatedly

and systematically in a way conflicting with its normal exploitation or may prejudice the

legitimate interests of the maker.

Exhaustion of the Right

Art. 93d. (new – SG 77/02, in force from 01.01.2003) (1) (amend. and suppl. - SG 99/05)

(*) The first sale on the territory of the Member States of the European Union of a material copy

of a database by the owner of the right referred to in Art. 93c or with his consent shall exhaust his

right to control the further selling of its copy on this territory.

(2) Where a database is transferred in digital form, including in communication network,

the right referred to in Art. 93c shall not exhaust regarding the materialised copies of the database

made by the recipient with the consent of the owner of this right.

Collision with Other Rights

Art. 93e. (new – SG 77/02, in force from 01.01.2003) (1) The right referred to in Art. 93c

shall arise regardless of whether the database or the parts of its contents are protected by

(2) The right referred to in Art. 93c may not be exercised in a way, which could lead to

infringement or restriction of copyright or related rights in the contents of the database.

Rights and Obligations of the Lawful Users

Art. 93f. (new – SG 77/02, in force from 01.01.2003) (1) (new – SG 99/05, in force from

10.01.2006) The person who has lawfully acquired the right to use a database or copy of it may

freely carry out in respect of it the activities referred to in Art. 18, para 2, items 1, 2, 3, 4, 5, 7 and

8 as well as activities related to the results eventually obtained from the translation, adaptation,

processing and whatever other modifications which he has made to it when this is necessary to

access the contents of the database and for its normal use. Where this person has right to use only

part of the database, this provision shall be applied only with regard to this pArt.

(2) (prev. text of para 01 – SG 99/05, in force from 10.01.2006) Where a database has been

many available to the public in whatever manner, its maker may not prevent the extraction or re-

utilization of insubstantial part of its contents for any purposes by a person, who has acquired in a

lawful way access to it. Where the lawful user has right to extract or re-utilize only part of the

database, this provision shall apply only to that pArt.

(3) (prev. text of para 02 – SG 99/05, in force from 10.01.2006) The lawful user of a

database which has been made available to the public in whatever manner may not carry out

activities which conflict with its normal exploitation or prejudice the legitimate interests of its

maker.

(4) (prev. text of para 03 – SG 99/05, in force from 10.01.2006) The lawful user of data

base which has been made available to the public in whatever manner may not infringe the rights

of the owner of the copyright or related right in the works or subject matter contained in it.

(5) (new – SG 99/05, in force from 10.01.2006) Any agreement contradicting to the

provisions of para 1, 2, 3 and 4 shall be invalid.

Exceptions

Art. 93g. (new – SG 77/02, in force from 01.01.2003) The lawful user of a database which

has been made available to the public in whatever manner may, without the consent of its maker,

extract or re-utilize in the sense of Art. 93c a substantial part of its contents in the following

cases:

1. extraction for personal use of contents of a database of non-electronic form;

2. extraction without commercial purpose for illustration for teaching and scientific

research to extent justified by the purpose as long as the source is indicated;

3. extraction or re-utilization for the purposes of the national security or in the

administrative or court procedures.

Duration

Art. 93h. (new – SG 77/02, in force from 01.01.2003) (1) The rights referred to in Art. 93c

shall expire after fifteen years. The term shall run from the first of January of the year following

the year of completion of the making of the database.

(2) In case the database has been made available to the public in whatever manner before

the expiration of the term referred to in para 1, the term shall run from the first of January of the

year, following the year of making it available to the public.

(3) Each new substantial investment in the database leading to significant change in the

contents of the database shall qualify the part resulting from this investment for its new

independent term of protection.

Part three.

ENFORCEMENT OF COPYRIGHT AND RELATED RIGHTS

Chapter twelve.

CIVIL LAW ENFORCEMENT

Claim for Indemnification

Art. 94. (amend. - SG 99/05, in force from 10.01.2006) (1) Whoever infringes copyright,

related right or other right under this law, shall owe indemnification to the owner of the right or

the person who has been granted exclusive right of use.

(2) Indemnification shall be due for all damages which are direct and immediate

consequence of the infringement.

(3) At determining the amount of the indemnification the court shall take into consideration

also all circumstances related to the infringement, the lost profits and moral damages as well as

the revenues realized by the infringer due to the infringement.

(4) The court shall determine fair indemnification having preventive and warning influence

to the infringer and the other members of the society.

Special Cases of Claim for Indemnification

Art. 94a. (new – SG 99/05, in force from 10.01.2006) (1) Where the claim has been

determined by ground but there is no sufficient data about its amount the claimant may require

for indemnification:

1. from five hundred to hundred thousand BGN, where the exact amount shall be

determined by assessment of the court under the conditions of Art. 94, para 3 and 4, or

2. the equivalent of the subject matter of the infringement at retail price of lawfully

reproduced copies.

(2) At determining the indemnification referred to in para 1, the revenues received as a

result of the infringement shall also be taken into consideration.

Other Claims

Art. 95. (1) (amend. - SG 28/00, in force from 05.05.2000; amend. - SG 77/02, in force

from 01.01.2003; prev. text of Art. 95 – SG 99/05, in force from 10.01.2006) Where a work,

subject matter under Art. 72 or databases under Chapter eleven "a" are used in infringement of

the provisions of this Law, the owner of the copyright or the person to whom the he has granted

exclusive right to use, may bring an action before the court for:

1. (new – SG 99/05, in force from 10.01.2006) finding the fact of the infringement;

2. (amend. - SG 77/02, prev. text of item 01 – SG 99/05, in force from 10.01.2006)

discontinuance of the illegitimate use or prohibition of implementation of the activity, which will

constitute illegitimate use;

3. (suppl. - SG 77/02, in force from 01.01.2003; prev. text of item 02 – SG 99/05, in force

from 10.01.2006) seizing and destroying illegitimately produced copies of the work, the subject

matter under Art. 72 or the databases under Chapter Eleven "a", including negatives, master

copies, printing forms and others used for the purposes of reproduction of copies;

4. (suppl. - SG 28/00, in force from 05.05.2000; prev. text of item 03 – SG 99/05, in force

from 10.01.2006) seizing and pulling out of operation the copying, reproducing and decryption

equipment used exclusively for committing violations;

5. (amend. - SG 28/00, in force from 05.05.2000; prev. text of item 04, amend. - SG 99/05,

in force from 10.01.2006) conceding the objects under item 3.

6. (new – SG 99/05, in force from 10.01.2006) announcing to the account of the infringer of

the operative part of the court decision in two daily newspapers and in television organization

with national coverage at time determined by the court.

(2) (new – SG 99/05, in force from 10.01.2006) Seizure in the sense of para 1, items 3 and

4 may be requested both of objects being at a certain place and of subjects being in the

commercial network as a whole.

Special Claimants

Art. 95a. (new – SG 99/05, in force from 10.01.2006) (1) Besides the owners of the

respective right and the persons granted exclusive right of use, right of claim under Art. 94, 94a

and 95 shall also have:

1. the organizations for collective administration of rights according to Art. 40, para 7, and

2. the professional protection organizations of the owners of rights.

(2) (amend. – SG 59/07, in force from 01.03.2008) The organizations referred to in para 1

may lay claims and request measures only in respect of rights which have been assigned to them

for administration, respectively – for protection. In these cases the provision of Art. 26, para 4 of

the Civil Procedure Code shall not be applied.

Liability

Art. 95b. (new – SG 99/05, in force from 10.01.2006) The legal persons and the sole

entrepreneurs shall bear civil responsibility for the infringement of rights under this law guiltily

perpetrated by the persons representing them, respectively by their employees or persons hired by

them. In this case the guilt shall be assumed until proven otherwise.

Providing Evidence in Claim and Securing Procedures

Art. 95c. (new – SG 99/05, in force from 10.01.2006) (1) Where the claimant has presented

evidence supporting his claims and has also pointed out other evidence of significance for the

solution of the case which is under the control of the defendant the court can oblige the defendant

to present this evidence.

(2) Under the conditions of para 1, upon request of the claimant the court can oblige the

defendant to provide opportunity for acquainting with bank, financial and commercial documents

which are under his control.

(3) The claimant shall be obliged not to announce the information contained in the

documents of para 2.

(4) The presentation of evidence for single or one time unlawful use of protected subject

matter under this law shall be accepted to be sufficient ground for applying the provisions of para

1 and 2.

(5) The existence of the circumstances connected with claimed infringement may also be

established by the presentation of evidence for single or one time unlawful use of subject matter

protected under this law.

Requesting Information about the Origin and the Distribution Networks upon Infringement

Art. 95d. (new – SG 99/05, in force from 10.01.2006 (1) The court may upon request by the

claimant to oblige the defendant or third person to present information about circumstances

which are of importance for resolving the case.

(2) Third person in the sense of para 1 shall be each person who:

1. keeps goods – subject of infringement, or

2. provides services leading to infringement, or

3. uses services representing infringement, or

4. has been pointed out by person under items 1 – 3 as participant in the manufacturing,

production or distribution of these goods or services.

(3) The information referred to in para 2 may include:

1. the names and the addresses of the producers, manufacturers, distributors, suppliers and

other persons who have been previously holders of the goods or the services as well as the

supposed wholesale and retail distributors;

2. information about the produced, manufactured, supplied, received or ordered quantities

as well as the resources received for the goods or services in question.

(4) Para 1 shall not be applied when its implementation may lead to infringement of a

provision of another law.

(5) The provisions of para 1 – 3 shall be applied only for acts carried out for direct or

indirect economic or commercial benefit.

Competent Courts

Art. 96. Disputes under this Law shall be settled by the district courts.

Security Measures

Art. 96a. (new - SG 28/00, in force from 05.05.2000 г.) (1) (amend. SG 77/02, in force

from 01.01.2003; amend. - SG 99/05, in force from 10.01.2006) In case of infringement of a

such infringement will be committed or some evidence will be lost, destroyed or concealed, the

court upon request by the owner of the respective right or the person who has been granted

exclusive right of use may, without informing the person with regard to whom security measure

is required, admit also some of the following measures:

1. (amend. - SG 77/02, in force from 01.01.2003) prohibition of carrying out the activity

which is claimed to constitute or will constitute illegal use of a work, subject matter under Art. 72

or database under Chapter eleven "a";

2. (amend. - SG 77/02, in force from 01.01.2003; amend. - SG 99/05, in force from

10.01.2006) seizure of the copies of the work, the subject matter under Art. 72 or the databases

under Chapter eleven "a" which are claimed to be illegally reproduced, the negatives, the

matrices, the cliches and the like, intended for reproduction of the copies, as well as other

evidence of importance for proving the infringement;

3. seizure or sealing of the equipment which is claimed to have been used or will be used

for infringement;

4. sealing of the premises in which infringement is claimed to have been committed or will

be committed.

(2) (amend. - SG 99/05, in force from 10.01.2006; amend. – SG 59/07, in force from

01.03.2008) The admission, imposing and revocation of the security measures shall be carried out

according to the order referred to in Art. 389 -403 of the Civil Procedure Code, with exception of

Art. 398, first sentence and as much as this law does not stipulate otherwise.

(3) The security measure prohibition of carrying out the activity shall be imposed by its

announcement by the court.

(4) (amend. - SG 43/05, in force from 01.09.2005; amend. - SG 99/05, in force from

10.01.2006) The security measures under para 1, item 2, 3 and 4 shall be imposed by state or

private bailiff who shall carry out the act simultaneously with the handing over of the

announcement for admitting the security to the defendant in three days term after receiving the

application of the claimant to the bailiff. The security measures admitted for prevention of

forthcoming infringement shall be imposed in term complied with its purpose. The seized

property shall be submitted by an inventory for keeping to the claimant who can use it solely as

an evidence.

(5) The claimant or his representative shall have the right to attend and assist the imposition

of the provisional measures.

(6) (revoked - SG 43/05, in force from 01.09.2005)

(7) If it is found that an imposed security measure has been requested without justification

the defending party may require from the person who has requested it to pay the damages caused

as a result of the provisional measure.

(8) (new – SG 99/05, in force from 10.01.2006) The security measure referred to in para 1,

item 1 may be imposed also to third persons for whom sufficient data is available that they

facilitate the implementation of the activity for which is claimed to represent or will represent

unlawful use.

(9) (new – SG 99/05, in force from 10.01.2006) The owner of the respective right or the

person to whom he has granted exclusive right of use shall be obliged not to announce

information that has become known to him at or on occasion of the measures referred to in para

Chapter twelve.

"A" BORDER MEASURES (new - SG 28/00, in force from

05.05.2000)

Grounds and Field of Application

Art. 96b. (new - SG 28/00, in force from 05.05.2000) (1) (amend. - SG 77/02, in force from

01.01.2003) The owner of copyright, related right or right under Art. 93c, as well as the person

who has been granted exclusive right of use may request from the customs bodies to suspend

goods carried through the state border of the Republic of Bulgaria for which there are grounds to

consider that they infringe a right protected by this Law. For covering the expenses for the

suspension a fee shall be due the amount of which shall be determined by a tariff approved by the

Council of Ministers.

(2) Where the applicant has his residence or seat outside the country, he has to indicate

legal address on the territory of the Republic of Bulgaria.

(3) The provisions of this Chapter shall also apply to the temporary import and export.

(4) (amend. - SG 99/05, in force from 10.01.2006) Goods of non-commercial character

carried as part of the luggage of passengers under the condition that they are in quantity set for

duty free import or export shall not be suspended.

Procedure of Suspension

Art. 96c. (new – SG 28/00, in force from 05.05.2000) (1) The suspension shall be carried

out upon written application by a person under Art. 96b, para 1, accompanied by evidence

regarding the rights of the applicant and the grounds to consider them being infringed.

(2) (amend. - SG 99/05, in force from 10.01.2006) Where it is found that the circumstances

under Art. 96b, para 1 are present, the customs bodies shall suspend the goods.

(3) The customs bodies shall inform immediately the claimant, the sender and the recipient

of the goods about the suspension. The same persons shall have the right to inspect the suspended

goods and to receive information about them.

(4) (amend. - SG 99/05, in force from 10.01.2006) If, within 10 working days from being

notified according to para 3 about the suspension, the applicant does not provide evidence that a

procedure has been initiated before the respective court for decision on the merits of the case or

that a security has been admitted, the customs bodies shall release the suspended goods on

condition that all requirements for regular import or export have been observed. The term may be

extended by ten days upon reasoned request by the applicant.

(5) (amend. - SG 99/05, in force from 10.01.2006) The competent bodies before which the

legal procedure under para 4 has been initiated shall rule upon appeal of the interested party

whether the measures of suspension must be confirmed, amended or revoked.

(6) (new – SG 99/05, in force from 10.01.2006; amend. - SG 30/06, in force from

12.07.2006) The refusal of the customs bodies to satisfy the application for suspension of the

goods shall be subject to appeal by the order of the Administrative Procedure Code.

(7) (prev. text of para 06 – SG 99/05, in force from 10.01.2006) Where the request for

suspension has not been followed by a procedure under para 4 or it was found to be ungrounded

the affected party shall have the right of indemnification.

Actions on the Initiative of the Customs Bodies

Art. 96d. (new – SG 28/00, in force from 05.05.2000) (1) The customs bodies may at their

initiative or upon request of another state body suspend goods for which they have grounds to

consider them infringing a right protected by this Law.

(2) In these cases the customs bodies shall inform immediately the persons under Art. 96b,

para 1, the sender and the recipient of the goods and shall provide them possibility to inspect the

suspended goods. The customs bodies may request from the owner of copyright or related rights

any information for carrying out expertise.

(3) (amend. - SG 30/06, in force from 12.07.2006) The decision under para 1 may be

appealed by the order of the Administrative Procedure Code.

(4) If, within 10 working days from suspension of the goods, procedure for decision on the

merits of the case before the respective court does not follow or there is not a court ruling for

admitting of security, the customs bodies shall release the suspended goods on condition that all

the requirements for regular import or export have been observed.

(5) The customs bodies shall not be liable for the actions on suspension of the goods taken

by them in good faith.

Additional Stipulation

Art. 96e. (new – SG 28/00, in force from 05.05.2000) An ordinance shall be issued by the

Council of Ministers for the implementation of this Chapter.

Chapter thirteen.

PENAL ADMINISTRATIVE PROVISIONS

Penalties

Art. 97. (1) (amend. - SG 10/98) Whoever commits the following in offence of this Law:

1. (amend. - SG 28/00, in force from 05.05.2000; amend. and suppl. - SG 99/05, in force

from 10.01.2006) reproduces and distributes video carriers holding reproduced films or other

audio-visual works, performances, records of films or other audio-visual works;

2. (amend. - SG 28/00, in force from 05.05.2000; amend. and suppl. - SG 99/05, in force

from 10.01.2006) reproduces and distributes audio carriers holding reproduced works,

performances or phonograms;

3. organises in any manner whatsoever communication to the public of films or other audio-

visual works;

4. (amend. - SG 28/00, in force from 05.05.2000) offers sound or video recording services

to third parties with the purpose to prepare single copies of works or other objects, protected by

this Law;

5. organises live or recorded public performance and presentation of works;

6. (amend. - SG 99/05, in force from 10.01.2006) wireless broadcasting, transmission or

retransmission by cable of works, performances, phonograms, records of films or other audio-

visual works or radio or television programmes;

7. (amend. - SG 28/00, in force from 05.05.2000; amend. - SG 99/05, in force from

10.01.2006) publishes, reproduces or distributes already published works;

8. (amend. - SG 28/00, in force from 05.05.2000) owns a computer programme knowing or

having grounds to suppose that this is illegal;

9. (new - SG 28/00, in force from 05.05.2000; amend. - SG 99/05, in force from

10.01.2006) reproduces, preserves in the memory of computer, distributes or uses in another way

computer programmes;

10. (new – SG 28/00, in force from 05.05.2000) reproduces or distributes works of the

applied art, design and the national artistic crafts, photographic works and works created by a

process analogous to photography;

11. (new - SG 28/00, in force from 05.05.2000; amend. - SG 77/02, in force from

01.01.2003) illegally uses a work under Art. 3, para 1, items 6 and 8;

12. (new – SG 99/05, in force from 10.01.2006) saves in digital form on electronic carrier

films or other audio–visual works, musical compositions, performances, phonograms, records of

films or other audio – visual works;

13. (new – SG 99/05, in force from 10.01.2006) provides access to the work, the object

under Art. 72 or part of it by wireless means or by cable to unlimited number of people in such a

way that it may be accessed from a place and at a time individually chosen by each of them;

14. (new - SG 28/00, in force from 05.05.2000; prev. text of item 12 – SG 99/05, in force

from 10.01.2006) obstructs the implementation of the securing measure under Art. 96a;

15. (new – SG 77/02, in force from 01.01.2003; prev. text of item 13, amend. - SG 99/05, in

force from 10.01.2006) does not fulfil their obligation under Art. 20a, para 6, Art. 26, para 2 and

8, Art. 95c, para 3 or Art. 96a, para 9;

16. (new – SG 77/02, in force from 01.01.2003; prev. text of item 14 - SG 99/05, in force

from 10.01.2006) violates a prohibition under Art. 93c,

(amend. - SG 99/05, in force from 10.01.2006) shall be punished with fine or proprietary

sanction in amount from three hundred to three thousand BGN, if he/she is not subject to graver

penalty and the subject matter of the violation, regardless of the ownership, shall be seized in

favour of the state and shall be submitted for destruction by the bodies of the Ministry of Interior.

(2) (amend. - SG 10/98; suppl. - SG 28/00, in force from 05.05.2000; suppl. - SG 77/02, in

force from 01.01.2003) Repeated and subsequent offence under para 1 committed within one year

from the imposition of the previous penalty, shall be punished by a fine or proprietary sanction

from one thousand to five thousand BGN and the subject matter of the violation regardless of the

ownership shall be seized in favour of the state and shall be submitted for destruction by the

bodies of the Ministry of Interior.

(3) In event of systematic offences the facility where these offences have been committed,

such as a store, studio, establishment, cinema, theatre, company's head office, etc. shall be closed

for a period from three to six months.

(4) (amend. - 10/98; amend. - SG 99/05, in force from 10.01.2006) Organisation conducting

collective administration of rights under this Law acting in violation of Art. 40, para 4 shall be

fined with proprietary sanction of five hundred BGN.

(5) (new - SG 28/00, in force from 05.05.2000) The sanctions under para 1 or 2 shall be

imposed to a person who produces, distributes, advertises or imports, as well as possesses with a

commercial purpose a decoding device able to provide access to encrypted signal to persons

outside the audience determined by the broadcasting organisation.

(6) (new - SG 28/00, in force from 05.05.2000; amend. and suppl. - SG 77/02, in force from

01.01.2003; suppl. - SG 99/05, in force from 10.01.2006) The sanctions under para 1 or 2 shall be

imposed to a person who intentionally removes, damages, destroys or disrupts or in other way

evades, without having right to do that, technological means for protection used by owners of

rights protected by this law, provided that he knows or there are grounds to suppose that these

means have such functions.

(7) (new – SG 77/02, in force from 01.01.2003; amend. - SG 99/05, in force from

10.01.2006) The sanctions under para 1 or 2 shall also be imposed to a person, who produces,

imports, distributes, sells, rents, offers for sale, advertises with purpose of sale or rent or possess

with commercial purpose devices, products or components of products, or provides services,

which:

1. are offered or advertised as means for evading of technological measures for protection,

2. have only limited commercial purpose or application different from this to be evaded

technological measures for protection, or

3. are basically intended, produced, adapted or used to make possible or to facilitate the

evasion of technological measures for protection.

(8) (new - SG 28/00, in force from 05.05.2000; prev. text of para 07 – SG 77/02, in force

from 01.01.2003) The sanctions under para 1 or 2 shall also be imposed to a person who, without

having the right to do that and knowing or having grounds to know that this act will cause, allow,

facilitate or conceal infringement of a right protected by this Law:

1. removes or changes information in electronic form about the regime of the rights on a

subject matter of copyright or related right;

2. (amend. - SG 99/05, in force from 10.01.2006) distributes, including by importation for

distribution, publicly performs, broadcasts by wireless means, transmits or retransmits by cable a

subject matter of copyright or related right, as well as offers access to unlimited number of

persons to such subject matter in a way allowing this access from a place and in time individually

chosen by each of them, knowing that the information in electronic form about the regime of the

rights on this subject matter has been removed or changed without the right to do that.

(9) (new - SG 28/00, in force from 05.05.2000; prev. text of para 08 – SG 77/02, in force

from 01.01.2003; amend. - SG 99/05, in force from 10.01.2006) Information about the regime of

the rights in the context of para 8 is any information allowing the identification of the subject

matter of copyright or related right, the owner of the right, as well as information about the

conditions of use of the subject matter, as well as any number and code representing such

information on condition that any of these elements of the information is present on the copies of

the subject matter or appears in connection with its communication to the public.

Detection of the Offences and Competences of the Officials (title amend. - SG 99/05, in

force from 10.01.2006)

Art. 98. (amend. - SG 99/05, in force from 10.01.2006) (1) The offences under Art. 97 shall

be detected by an act which shall be prepared by officials determined by an order of the Minister

responsible for the culture after inspection in cooperation with the bodies of the Ministry of

Interior.

(2) The officials referred to in para 1 shall have right to:

1. request access to the sites subject to control and to inspect them;

2. request the necessary documents related to the inspections held;

3. impose measures for ensuring evidence by seizure of durable material carriers containing

subject matter protected by the law connected with the detection of the violation.

(3) The officials referred to in para 1 shall be obliged to:

1. reflect precisely the facts detected at the inspection in the act for offence;

2. preserve the official and the commercial secret that has become known to them in

connection with the inspections;

3. not publicly announce data from the inspections;

4. use the information from the inspections only for the purposes of the procedure regarding

the offence.

Record on Seizure

Art. 98a. (new – SG 99/05, in force from 10.01.2006) (1) Durable material carriers

containing subject matter protected by the law connected with the offence shall be seized by the

officials referred to in Art. 98, para 1 with a record.

(2) In the record under para 1 shall be pointed out: the date and the place of the actions;

time when the actions have started and finished; persons who have participated; detected facts

and circumstances; any requests made, notes and objections if available; collected evidence –

number, types of carriers, as well as other data.

(3) The record shall be signed by the person carrying out the actions, by the inspected

person and at least one witness.

(4) In case the inspected person refuses to sign the record or is absent, it shall be signed by

at least one more witness.

Obligation for Cooperation

Art. 98b. (new – SG 99/05, in force from 10.01.2006) The persons at whom the inspection

referred to in Art. 98, para 1 is carried out shall be obliged to:

1. ensure unimpeded access to the checked subjects;

2. render cooperation to the officials on the occasion of the inspection being implemented;

3. provide documents and evidence requested by the official.

Imposing and Executing the Administrative Penalties

Art. 98c. (new – SG 99/05, in force from 10.01.2006) (1) The Punitive Decrees shall be

issued by the Minister responsible for the culture or by official authorized by him.

(2) The penalties fine or proprietary sanction shall be performed voluntary within a term of

7 days after the Punitive Decree or the decision of the court with which they have been imposed

enters into force. Fifty percent of the amounts shall be submitted to the account of National Fund

"Culture" and the rest – to the budget of the Ministry of Culture.

(3) (amend. - SG 105/05, in force from 01.01.2006; amend. – SG 12/09, in force from

01.05.2009) After the expiration of the term referred to in para 2 a copy of the Punitive Decree

shall be sent to the National Revenue Agency for enforcement of the imposed fine or proprietary

sanction according to the order of the Tax Insurance Procedure Code.

(4) After the Punitive Decree or the court decision enter into force the durable carriers

seized in favour of the state shall be delivered for destruction to the bodies of the Ministry of

Interior.

Application of the Law for the Administrative Offences and Sanctions

Art. 98d. (new – SG 99/05, in force from 10.01.2006) Unless otherwise provided by this

Chapter, the detection of the offences, issuing, appealing and enforcement of the Punitive

Decrees shall be carried out according to the order of the Law of the Administrative Offences and

Sanctions.

Part four.

APPLICABLE LAW

Law Applicable to Works

Art. 99. (1) This Law shall apply to:

1. (amend. - SG 77/02, in force from 01.01.2003) works which authors are citizens of the

Republic of Bulgaria or whose permanent address is in it regardless of where the works have

been published for the first time;

2. (new – SG 99/05) (*) works which authors are citizens of a Member State of the

European Union or persons who have permanent address in such State regardless of where the

works have been published for the first time;

3. (amend. - SG 77/02, in force from 01.01.2003; prev. text of item 02 – SG 99/05) (*)

works whose authors are citizens of a State with which the Republic of Bulgaria is bound by a

have been published for the first time;

4. (prev. text of item 03 – SG 99/05) (*) works published for the first time or incorporated

as architectural projects on the territory of the Republic of Bulgaria or on the territory of a State

which has a copyright treaty with the Republic of Bulgaria, regardless of the nationality of the

authors;

5. (prev. text of item 04 – SG 99/05) (*) 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 a copyright treaty

but simultaneously or within thirty days have been published on the territory of the Republic of

Bulgaria or on the territory of a State with which the Republic of Bulgaria has such treaty.

(2) Where this Law is applied to works created by citizens of other states or to works which

have been published abroad first the owner of the copyright shall be determined according to the

respective foreign law.

(3) (new - SG 28/00, in force from 05.05.2000) In respect of works created by citizens of

foreign countries or for works published for the first time abroad the term of validity shall be

determined by the respective foreign law if it stipulates terms of protection shorter than this law.

Law Applicable to the Right of Compensation under Art. 20

Art. 99a. (new – SG 99/05, in force from 10.01.2006) (1) The provisions of Art. 20 shall be

applied at resale of works of authors citizens of the Republic of Bulgaria or persons who have

permanent address in it, in case the place of the resale is on its territory.

(2) (*) Art. 20 shall be also applied to all authors and their heirs who are citizens or have

permanent address in a Member State of the European Union.

(3) In respect of authors who are citizens of other State and have no permanent address in

the Republic of Bulgaria the provisions of Art. 20 shall be applied only under the condition that

the respective foreign country admits analogous right to the Bulgarian citizens.

Law Applicable to Broadcasting by Satellite

Art. 99b. (new – SG 99/05) (*) (1) This law shall be applied to the broadcasting of a work

by satellite in case the signal is transmitted to the satellite:

1. from the territory of the Republic of Bulgaria ;

2. from the territory of a State not member of the European Union which does not provide

level of protection of this right corresponding to this law under the condition that:

a) the ascending connection to the satellite starts from a station located on the territory of

the Republic of Bulgaria, or

b) the ascending connection to the satellite does not start from a station located on the

territory of a Member State of the European Union but the broadcasting has been carried out by

order of an organization having its seat on the territory of the Republic of Bulgaria.

(2) The responsibility of the broadcasting shall be born: in the cases of para 1, item 1 – by

the broadcasting organization; in the cases of para 1, item 2 letter "a” – by the operator of the

station; in the cases of para 1, item 2 letter "b” – by the organization under which ordered the

broadcasting has been carried out.

(3) The provisions of para 1 and 2 shall be applied respectively also to the rights referred to

in Art. 72.

Law Applicable to Performances

Art. 100. (1) (amend. - SG 77/02, in force from 01.01.2003) This Law shall apply to the

performances of performers who are citizens of the Republic of Bulgaria or who have permanent

address in it regardless of where the performances have been carried out.

(2) This Law shall apply to the performances of foreign performers on the territory of the

Republic of Bulgaria.

(3) (new – SG 99/05) (*) This law shall also apply to the performances of foreign

performers, citizens of a Member State of the European Union or having permanent address in

such state regardless of where the performances have been carried out.

Law Applicable to Records, Programmes and Films

Art. 101. (amend. - SG 28/00, in force from 05.05.2000; amend. - SG 77/02, in force from

01.01.2003; suppl. - SG 99/05) (*) This Law shall apply to the subject matter under Art. 72, item

2, 3 and 4 made by natural persons who are citizens of the Republic of Bulgaria or who have

permanent address in it, by citizens of Member States of the European Union or having

permanent address in some of them, or by legal persons which seat is on the territory of the

Country or on the territory of such State, regardless of where the recordings have been made, as

well as to recordings made or simultaneously published for the first time by foreign persons on

the territory of the Republic of Bulgaria or a Member State of the European Union.

Law Applicable to Makers of Databases

Art. 101a. (new – SG 77/02, in force from 01.01.2003) (1) (suppl. - SG 99/05) (*) This law

shall apply to the makers of databases, if they are citizens of the Republic of Bulgaria or have

permanent address in it or are citizens of a Member State of the European Union or have

permanent address in such state.

(2) (suppl. - SG 99/05) (*) The provision of para 1 shall also apply to the legal persons,

established in compliance with the legislation of the Republic of Bulgaria having their seat,

central administration or primary activity on its territory, as well as to the legal persons

established in compliance with the legislation of some Member State of the European Union

having seat, central administration or primary activity on its territory. If the legal person has seat

only in the Republic of Bulgaria or in a Member State of the European Union, it shall be required

its activity to have real relation to the economy of the State.

Application of International Treaties

Art. 102. (1) (amend. and suppl. - SG 28/00, in force from 05.05.2000; prev. text of Art.

102 – SG 77/02, in force from 01.01.2003) The rights of foreign performers, producers of

phonograms, radio and television organisations and film producers other than those referred to in

Art. 100, para 2 and Art. 101, shall be protected in compliance with the treaties in the field of the

rights related to copyright to which the Republic of Bulgaria is a party.

(2) (new – SG 77/02, in force from 01.01.2003; suppl. - SG 99/05) (*) The foreign makers

of databases, except those referred to in Art. 101a, shall be protected in compliance with the

international treaties to which the Republic of Bulgaria is a party.

Additional provisions

§ 1. (1) The owner of copyright as well as a person who has been granted the exclusive

right to use a work protected by this Law may place the Latin letter "C" surrounded by a circle in

front of their names or firms and the year of making the work available to the public at a suitable

place on the copies of the work.

(2) The producer of a phonogram as well as a person who has been granted the exclusive

right to reproduce a phonogram protected by this Law, may place the Latin letter "P" surrounded

by a circle in front of their names or firms and the year of the first publication at a suitable place

on the copies of the phonogram and their packing.

§ 1a. (new - SG 28/00, in force from 05.05.2000) (1) Prohibited shall be the acquisition,

seizure and keeping with commercial purpose, durable material carriers containing subject matter

protected by the Law, which have been reproduced in violation of the Law.

(2) The durable material carriers under para 1 shall be seized in favour of the State by an act

of the administrative punitive body or the court and shall be provided for destruction to the

bodies of the Ministry of Interior.

(3) (new – SG 99/05, in force from 10.01.2006) Seizure in favour of the State of the subject

matter of the violation referred to in Art. 97, para 1, items 8 and 9 shall be also its deletion from

the electronic carrier on which it has been reproduced

§ 2. In the sense of this Law:

1. "making a work available to the public" means the bringing of the publication with the

consent of its author to the attention of unlimited number of persons for the first time regardless

of the form or manner in which this may be done;

2. "publishing a work" means bringing of a work to the attention of unlimited number of

persons by reproduction and distribution of its copies, including in the form of audio or video

recordings, in sufficient quantities depending on the nature of the work;

3. (amend. - SG 28/00, in force from 05.05.2000; amend. - SG 77/02, in force from

01.01.2003) "reproduction of a work" means the direct or indirect multiplication in one or more

copies of the work or part of it by any means and in any form, permanent or temporary, including

its saving in digital form on electronic carrier;

4. (amend. - SG 77/02, in force from 01.01.2003; amend. - SG 99/05, in force from

10.01.2006) "distribution of a work" means the sale, exchange, donation, rental, as well as

storage in commercial quantities and also the proposal for sale or rental of originals and copies of

the work;

5. (amend. - SG 28/00, in force from 05.05.2000; amend. - SG 99/05, in force from

10.01.2006) "wireless broadcasting of a work" is its broadcasting by radio or television via a

ground way, as well as introducing, under the control and responsibility of the broadcasting

organization, the programme-carrying signals intended for reception either directly and

individually by the public or through the mediation of an organisation different from the

broadcasting one, into an uninterrupted chain of communication leading to the satellite and down

towards the earth;

6. (amend. - SG 28/00, in force from 05.05.2000; suppl. - SG 77/02, in force from

01.01.2003; amend. - SG 99/05, in force from 10.01.2006) "users of a work" means the natural

and legal persons such as publishers, theatres, organisers of concerts, radio or television

organisations, cable operators, public catering and entertainment establishments, film producers,

Internet content providers, manufacturers of video recordings and others that bring the work to

the attention of readers, viewers and listeners directly or through distributors;

7. "audio recording" means fixing on a durable material carrier of a sequence of sounds in a

manner to make them available for listening, reproduction, re-recording and wireless

broadcasting, by cable or other technical means;

8. "phonogram" shall be the product of audio recording;

9. "architectural works" means buildings and other equipment and their elements, durable

objects of the synthesis of architecture with other arts, as well as durable interior decorations

which meet the general terms under Art. 3, para 1.

10. (new - SG 10/98; amend. - SG 28/00, in force from 05.05.2000) "decrypting device"

means every device, set, mechanism or decrypting card, constructed or specially adjusted to

allow individual or in combination between them, access to encrypted signal in its form before

the encryption.

11. (new - SG 28/00, in force from 05.05.2000) "encrypted signal" is every radio and

television signal, transmitted, broadcasted, retransmitted and rebroadcasted through any technical

devices whatsoever, which characteristics have been deliberately changed with the purpose of

restricting the access to it only for a certain auditorium;

12. (new – SG 28/00, in force from 05.05.2000; revoked – SG 99/05, in force from

10.01.2006)

13. (new – SG 77/02, in force from 01.01.2003) "database" means a collection of

independent works, data or other materials, arranged systematically or methodically and

individually accessible in electronic or other way; the computer programme, used for the creation

or the functioning of databases, the recordings of separate audio–visual, literary or musical work,

as well as the collection of phonograms with musical performances on a compact disc shall not

be database in the sense of this law;

14. (new – SG 77/02, in force from 01.01.2003) "technological measures of protection"

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, which are not

authorised by the owner of any any right protected by law where the use of a subject-matter is

controlled by the owner of the right through encryption, scrambling or other transformation of the

work or other subject-matter or a copy control mechanism.

15. (new – SG 99/05, in force from 10.01.2006) "rental of subject matter of protection"

means making available for use, for a limited period of time and for direct or indirect economic

or commercial advantage.

16. (new – SG 99/05, in force from 10.01.2006) "lending of subject matter of protection"

means making available for use, for a limited period of time and not for direct or indirect

economic or commercial advantage, when it is made through establishments which are accessible

to the public; Shall not be considered as lending in the sense of this law:

a) making available of works or other subject matter of rights under this law, if they do not

leave the premises of the lending establishment or between separate publicly accessible

establishments;

b) making available of phonograms or film copies for the purposes of their lawful use,

public performance, wireless broadcasting or transmission by cable;

c) making available of fine art and photograph works for public exhibition;

17. (new – SG 99/05, in force from 10.01.2006) "professional protection associations of the

owners of rights" are non-governmental organizations which members include entirely or mostly

owners of copyright or related rights and which, according to their statutes, are authorized by

their members to protect their rights against infringement, as well as the legal persons,

representing international organization of such nature in the country.

§ 3. (amend. - SG 28/00, in force from 05.05.2000; amend. - SG 99/05, in force from

10.01.2006) The definitions contained in items 1, 2, 3, 4, and 5 of the preceding Paragraph shall

also apply to the subject matter under Art. 72 and Chapter eleven "a".

§ 4. (1) Each copy of a work of fine art signed personally by its author shall be considered

an original. The number of originals shall be determined by the author and shall be announced in

a suitable manner when the work is made available to the public for the first time, and shall not

be subject to subsequent change. Each copy shall carry consecutive number.

(2) (revoked – SG 99/05, in force from 10.01.2006)

§ 5. (1) The amount of compensation due to the owners of copyright and related rights for

the use of works, performances, phonograms, radio and television programmes shall be

negotiated in a contract between the owners of the rights and the users.

(2) Whenever use is negotiated through an organisation of collective administration of

rights, the amount of compensation shall be determined in a contract between that organisation

and the users or their associations.

§ 5a. (new – SG 77/02, in force from 01.01.2003; revoked – SG 74/05, in force from

14.10.2005)

§ 5b. (new – SG 99/05) (*) The provisions of this Law referring to the Member States of

the European Union shall be applied also to the other states from the European Economic Area.

§ 5c. (new – SG 99/05, in force from 10.01.2006) (1) (suppl. - SG 73/06, in force from

06.10.2006) The Ministry of Culture together with the Ministry of Interior, the Ministry of

Justice, the Customs Agency, the Patent Department and other departments determined by the

Council of Ministers shall establish and maintain National System for Exchange of Information

in the Field of Copyright and Related Rights and the Industrial Property which shall ensure the

implementation of interaction and exchange of data related to the protection of rights in works,

subject matter under Art. 72 and subject matter of industrial property.

(2) The administration, control and use of the system referred to in para 1 shall be

implemented by order determined by the Council of Ministers.

(3) The resources for introduction, exploitation and development of the system shall be

provided by the budgets of the departments referred to in para 1.

Transitional and concluding provisions

§ 6. (1) (amend. - SG 28/00, in force from 05.05.2006) This Law shall also apply to works,

performances, phonograms, radio and television programmes made or performed prior to the

entry into force of this Law unless the respective protection periods have expired.

(2) Copyrights acquired prior to the entry into force of this Law shall remain in force.

§ 7. The authors of literary texts which have been used without their consent in musical

works pursuant to Art. 7 "b" of the Copyright Law of 1951, may not prohibit the further use of

the musical work together with the text if it has already been made available to the public

together with it.

§ 8. (1) The activity of the Copyright Agency shall be terminated.

(2) (amend. - SG 28/00, in force from 05.05.2000) The property of the Copyright Agency

shall be transferred to the Ministry of Culture.

(3) The Council of Ministers shall determine the terms and procedures for distribution of

the property of the Agency among the organisations under Art. 40 of this Law.

§ 9. This Law shall hereby revoke:

1. The Copyright Law (prom. - Izvestia 92/51; corr. - Izvestia 10/52; amend. and suppl. -

Izvestia 55/56; amend. - SG 35/72 and 30/90).

2. Art. 270 through 278 of the Law of Obligations and Contracts (prom. - SG 275/50; corr. -

SG 02/51; amend. - SG 69/51, 92/52; SG 85/63, 27/73, 16/77, 28/88, 30/90 and 12/93).

§ 10. This Law shall enter into force from August 1, 1993.

§ 11. The implementation of this Law shall be assigned to the Council of Ministers.

Transitional and concluding provisions

TO THE LAW FOR AMENDMENT AND SUPPLEMENTATION OF

THE LAW ON THE COPYRIGHT AND RELATED RIGHTS (SG

28/00)

(PROM. - SG 28/00, IN FORCE FROM 05.05.2000; AMEND. - SG107/00; SUPPL. - SG

99/05, IN FORCE FROM 10.01.2006)

§ 51. (1) This law shall also apply to the works and subject matter under Art. 72, created or

realized before its enactment if the terms of protection stipulated by it have not expired.

(2) The owners of rights may not lay claims on occasion of uses carried out at a time when

the term of protection of these rights had expired in the context of the law active at that time.

(3) (new - SG 107/00) Owners of copyright in films and other audio-visual works created

before the enactment of the LAW ON THE COPYRIGHT AND RELATED RIGHTS shall be

the persons under Art. 62, para 2.

(4) (new - SG 107/00) The persons, owners of copyright in films, pursuant to Art. 16, para

1 of the revoked Copyright Law of 1951, shall exercise only the rights under Chapter Ten "a".

(5) (new - SG 107/00; suppl. - SG 99/05, in force from 10.01.2006) The producer's rights

referred to in Chapter Ten "a" of the persons under para 4 in the films produced by State

Enterprise (Chief Directorate, State Association, Creative Economic Association) "Bulgarian

Cinematography", " Film Studios "Boyana", Studio for Cartoons "Sofia" and Studio for Scientific

Popular Films "Vreme" shall be transferred to the National Film Centre.

(6) (new - SG 107/00) The persons, owners of rights of producers in films according to para

4 and 5, may use these films without a contract with the respective owners of copyright by July 1,

2001, owing them compensation for every use, in amount determined and payable by agreement,

through the respective organisation for collective administration of copyrights.

§ 52. Revoked shall be § 4 of the Concluding Provisions of the Law for Amendment and

Supplementation of the LAW ON THE COPYRIGHT AND RELATED RIGHTS (SG, No 10 of

1998).

§ 53. Everywhere in the Law the words "the Ministry responsible for the culture" shall be

replaced by "the Ministry of Culture".

§ 54. (1) This Law shall enter into force one month after its promulgation in the State

Gazette, with exception of § 8 which shall enter into force from 01.01. 2001.

(2) The Council of Ministers shall adopt the Ordinance referred to in §8 within six months

from the enactment of the Law and shall apply from 1 January 2001.

Transitional and concluding provisions

TO THE LAW ON THE PRIVATE BAILIFFS (SG 77/02)

(PROM. - SG 43/05)

§ 23. This Law shall enter into force from 1 September 2005.

Transitional and concluding provisions

TO THE LAW OF THE ADMINISTRATYIVE REGULATION OF THE

PRODUCTION AND TRADE WITH OPTIC DISCS, MATRIXES

AND OTHER CARRIERS CONTAINING SUBJECTS OF

COPPYRIGHT AND THE RELATED TO IT RIGHTS

(PROM. - SG 74/05)

§ 8. This law shall enter into force one month from its promulgation in the State Gazette,

except Section III of Chapter Two and Section II of Chapter Three, which shall enter into force

from the 1st of January 2006.

Transitional and concluding provisions

TO THE LAW FOR AMENDMENT AND SUPPLEMENTATION OF

THE LAW ON THE COPYRIGHT AND RELATED RIGHTS

(PROM. - SG 99/05, IN FORCE FROM 10.01.2006)

§ 56. Everywhere in the Law the words "Ministry of Culture and Tourism" shall be

replaced by "Ministry of Culture".

§ 57. (1) The provisions of § 1 about Art. 6 and of § 21 about Art. 72b shall be applied also

to the works and subject matter referred to in Art. 72, created or realized before this Law enters

into force.

(2) The provisions of § 4 about Art. 20 and of § 5 about Art. 20a shall be applied for sales

taken place after entering into force of this Law.

§ 58. (1) Sale or other transaction implemented on the territory of a Member State of the

European Union outside the Republic of Bulgaria before § 3, item 1 enters into force shall

terminate the right of distribution referred to in Art. 18a, para 1.

(2) Claims based on the provisions of § 37, about Art. 94a, and of § 38, about Art. 95, may

be submitted if the verbal contests at the first instance have not finished before this law enters

into force.

(3) The provisions about the evidence and the conditions for their admission under Art. 95c

and 95d shall be applied also to facts which have taken place before entering into force of this

law.

§ 59. The administrative and the administrative punitive proceedings initiated before

entering into force of this Law shall be finished according to the previous order.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

§ 62. This Law shall enter into force on month after its promulgation in the State Gazette

except:

1. § 12 which shall enter into force 6 months the promulgation of the Law in the State

Gazette;

2. § 3, item 1, § 34, § 46, § 47 – regarding Art. 99a, para 2, § 48 – 52 and § 54, item 4

which shall enter into force from the date of entering into force of the Treaty of Accession of the

Republic of Bulgaria to the European Union.

Transitional and concluding provisions

TO THE TAX-INSURANCE PROCEDURE CODE

(PROM. – SG 105/05, IN FORCE FROM 01.01.2006)

§ 88. This Code shall enter into force from the 1 January 2006, except Art. 179, Para 3, Art.

183, Para 9, § 10, item 1, letter "e" and item 4, letter "c", § 11, item 1, letter "b" and § 14, item 12

of the transitional and concluding provisions which shall enter into force from the day of

promulgation of the code in the State Gazette.

Transitional and concluding provisions

TO THE ADMINISTRATIVE PROCEDURE CODE

(PROM. – SG 30/06, IN FORCE FROM 12.07.2006)

§ 142. This Code shall enter into force three months after its promulgation in State Gazette,

with the exception of:

1. division three, § 2, item 1 and § 2, item 2 – with regards to the repeal of chapter third,

section II "Appeal by court order", § 9, item 1 and 2, § 15 and § 44, item 1 and 2, § 51, item 1, §

53, item 1, § 61, item 1, § 66, item 3, § 76, items 1 – 3, § 78, § 79, § 83, item 1, § 84, item 1 and

2, § 89, items 1 - 4§ 101, item 1, § 102, item 1, § 107, § 117, items 1 and 2, § 125, § 128, items 1

and 2, § 132, item 2 and § 136, item 1, as well as § 34, § 35, item 2, § 43, item 2, § 62, item 1, §

66, items 2 and 4, § 97, item 2 and § 125, item 1 – with regard to the replacement of the word

"the regional" with the "administrative" and the replacement of the word "the Sofia City Court"

with "the Administrative court - Sofia", which shall enter into force from the 1st of May 2007;

2. paragraph 120, which shall enter into force from the 1st of January 2007;

3. paragraph 3, which shall enter into force from the day of the promulgation of the code in

State Gazette.

Transitional and concluding provisions

TO THE LAW ON AMENDMENT AND SUPPLEMENTATION OF

THE LAW FOR THE MARKS AND THE GEOGRAPHIC NAMES

(PROM. - SG 73/06, IN FORCE FROM 06.10.2006)

§ 28. This Law shall enter into force one month after its promulgation in the State Gazette

except § 7, § 12, § 21 and § 26 which shall enter into force from the date of the accession of the

Republic of Bulgaria to the European Union, and § 17 which shall enter into force from 13 July

2006.

Transitional and concluding provisions

TO THE CIVIL PROCEDURE CODE

(PROM. – SG 59/07, IN FORCE FROM 01.03.2008)

§ 61. This code shall enter into force from 1 March 2008, except for:

1. Part Seven “Special rules related to proceedings on civil cases subject to application of

Community legislation”

2. paragraph 2, par. 4;

3. paragraph 3 related to revoking of Chapter Thirty Two “a” “Special rules for recognition

and admission of fulfillment of decisions of foreign courts and of other foreign bodies” with Art.

307a – 307e and Part Seven “Proceedings for returning a child or exercising the right of personal

relations” with Art. 502 – 507;

4. paragraph 4, par. 2;

5. paragraph 24;

6. paragraph 60,

which shall enter into force three days after the promulgation of the Code in the State

Gazette.

Transitional and concluding provisions

TO THE LAW ON AMENDMENT AND SUPPLEMENTING OF THE

TAX-INSURANCE PROCEDURE CODE

(PROM. – SG 12/09, IN FORCE FROM 01.05.2009; SUPPL. - SG 32/09)

§ 68. (suppl. - SG 32/09) This Law shall enter into force from 1 May 2009 except § 65, 66

and 67, which shall enter into force from the date of promulgation of the Law in the State Gazette

and § 2 - 10, § 12, Items 1 and 2 - regarding Para 10 and 11, Item 8, Letter "a", Items 9 and 12

and § 53 - 64, which shall enter into force from 1 January 2010.

بلغاريا

BG001

Law on Copyright and Neighboring Rights (SG No. 56/1993, as amended up to January 1, 2010)