LAW ON COPYRIGHT AND NEIGHBOURING RIGHTS
(Published in State Gasette No 56/1993; amended No 63/1994, No I 0/1 998,
No 2812000, No 77/2002)
TITLE ONE
COPYRIGHT
Chapter One
GENERAL PROVISIONS
Subject Matter ofthe Law
Art. 1. This Law shall govern the relations, related to the creation and distribution of works of literature, art and science.
Arising ofCopyright
Art. 2. Copyright on works of literature, art and science shall arise for the author upon creation of the work.
Chapter Two
SUBJECT MATTER OF COPYRIGHT
Protected Subjects
Art. 3. (1) Subject matter of copyright shall be any work of literature, art and science, which is a result of creative activities and is expressed in whatever manner and in whatever form, such as:
9. graphic design of publications;
(2) Subject of copyright shall also be the following:
1. translations and adaptations of pre-existing works and folklore;
2. arrangements of musical works and folklore;
3. periodicals, encyclopedias, collections, anthologies, bibliographic works, databases and others, which include two or more works or products.
Exceptions
Art. 4. The following shall not be subject of copyright:
1. legislative and individual enactments of government bodies and official translations thereof;
Chapter Three
COPYRIGHT OWNERS
Authors and Other Copyright Owners
Art. 5. The author shall be the natural person whose creative endeavours have resulted in the creation of a literary, artistic or scientific work. Other natural or legal persons may be owners of copyright only where this Law so provides.
Presumption ofAuthorship
Art. 6. Until otherwise is proved, the author of a work shall be deemed to be the person whose name or other identifying mark is shown in the customary manner on the literary, artistic or scientific work.
Authorship of Works Disclosed under a Pseudonym or Anonymously
Aft. 7. (1) A work may be made available to the public under a pseudonym or anonymously.
Joint authorship
Art. 8. (l) The copyright in a work created by two or more persons shall belong jointly to them irrespectively whether the work is indivisible or consists of parts of autonomous significance.
Copyright in Translations and Adaptations
Art. 9. The copyright on translation or adaptation shall belong to the person, who has made the translation or adaptation without prejudice to the rights of the author of the original work. This shall not deprive other persons of the right to make independently their own translation or adaptation of the same work.
Copyright in Periodicals and Encyclopaedias
Aft. 10. The copyright in periodicals and encyclopaedias shall belong to the physical person or the legal entity responsible for the creation and publication of the work. The copyright in individual components included in such publications, having the nature of literary, artistic or scientific works shall belong to the individual authors thereof.
Copyright in Collections,
Anthologies, Bibliographic Works and Databases
Art. 11. (l) The copyright in collections, anthologies, bibliographic works, databases and other similar material shall belong to the person who has collected or arranged the works and/or material contained therein unless otherwise agreed in a contract. The copyright in the individual parts of which such a work may consist and which themselves constitute works of literature, art and science shall belong to the individual authors thereof.
(2) Unless provided otherwise by law, works and parts of works thereof may not be included in collections without the consent of their authors.
Copyrightin Works ofFineArtandArchitecture
Art. 12. The copyright in works of fine art and architecture shall belong to the person who has created the work, including where the works are the property of another person.
Copyright in Portraits
Art. 13. The copyright in a work of fine art or photography, constituting the portrait of a person other than the author, shall belong to the author of the work. The author may negotiate terms for the use of such works with the person who appears in the portrait.
Copyright in Computer Programs and Databases
Developed under an Employment Contract
Art. 14. Unless otherwise agreed, the copyright in computer programs and databases developed under an employment contract shall belong to the employer.
Chapter Four
CONTENTS OF COPYRIGHT
Section I
Moral Rights
Types ofMoral Copyright
Aft. 15. (1) The author shall be entitled to:
(2) The author of an architectural design shall not be entitled to object to the wish of the owner of the completed structure to destroy it, to reconstruct it, to add a superstructure or annex to it as long as such actions are undertaken in compliance with the relevant laws in effect.
Non-Transferability ofMoral Rights
Art. 16. Moral rights under items 2 and 4 of paragraph (1) of the preceding Article shall be non-transferable. Transfer of other moral rights may only be explicit and in writing.
Exercise ofMoral Rights
After the Death ofthe Author
Art. 17. After the author's death and until the expiration of the term of copyright protection, the moral rights, except for the rights under Art. 15 (1), items 6 and 8, shall be exercised by the author's successors.
Section II
Economic Rights
Types ofEconomic Copyright
Art. 18. (1) The author shall have the exclusive right to use the work created by him and to permit its use by other persons unless this Law provides otherwise.
(2) Acts such as those listed below shall be considered use within the meaning of paragraph (1):
and the making of any alterations to it, as well as the use of the work for the purpose of creating a new derivative work.
(3) There shall be use under paragraph (2) items 3 to 8 inclusive, whenever the acts described above have been performed in such a manner as to enable an unlimited number of people to perceive the work.
Termination ofthe Distribution Right
Art.18a (1) The first sale or other transfer of ownership in the original of the work or a copy thereof by the right owner or with his consent on the territory of Bulgaria shall terminate the distribution right regarding the work or copies thereof with the exception of the right to authorize further rental.
(2) The provision under paragraph 1 shall not prejudice the right provided for by Art. 20.
(3) The provision of paragraph 1 shall not refer to transmission of originals of the
work or copies thereof in a digital form with regard to material copies of the work made by the user with the consent of the right owner.
Right to Compensation For All Types ofUse
Art. 19. The author shall be entitled to compensation for all types of use of his work and for each subsequent use of the same type.
Resale Right
Art. 20. (l) In case of second and subsequent sales of the original of a work of fine art, sculpture or engraving through a dealer or by public auction, the author shall be entitled to compensation in the amount of five per cent of the selling price, unless a higher percentage has been agreed upon.
(2) The dealer or auctioneer shall inform the author two months prior to the sale of his work, and shall pay him the compensation due, either directly or through a collective management society of authors' rights, providing him with information about the price at which the work has been sold. The author and the collective management society of authors' rights shall not disclose this information if that is the wish of the new owner.
Permitted Cable Transmissions
Art. 21. (l) The authorization for broadcasting of the work by wireless means shall also include authorization for transmission of the work by cable or other technical means by the same organization without payment of separate compensation, provided the transmission takes place simultaneously with the broadcasting in an unabridged and unaltered form, and does not exceed the boundaries of the area that the broadcasting right has been granted for.
(2) Besides the cases referred to in (l), permission for retransmission of the work by cable or other technical means, simultaneously with its broadcasting or transmission, in an unabridged and unaltered form by another organization, shall be granted only through a collecting society.
Permissible Transmission Via Telecommunication
Satellite
Art. 22. (I) Permission to broadcast a work by wireless means shall also include the right of the broadcasting organization to transmit the work by a signal sent to a satellite and back to earth in a manner permitting its reception by the public, either directly and individually or through an intermediary other than the transmitting authority. This shall only be permissible where the signal is received through an intermediary, if the author has agreed to grant to the receiving organization the right to broadcast the work by wireless means, transmit it by cable or other technical means or otherwise communicate it to the public. In such instances no compensation shall be required from the organization that transmits the signal to the satellite.
(2) When the signal under (l) is encrypted, the permission shall be considered granted only if the decrypting device has been provided by the broadcasting organization or with its consent.
Chapter Five
FREE USE OF WORKS
Permissible Free Uses
Art. 23. Free use of works shall be permissible only in the cases specified in this Law, provided that it does not conflict with the normal exploitation of the work and does not prejudice the legitimate interests of the copyright holder.
Permissible Free Use without Payment ofCompensation
Art. 24. The following shall be permissible without the consent of the copyright holder and without payment of compensation:
(2) The provisions under paragraph 1 shall not refer to computer programs. The provisions of Art. 70 and Art. 71 shall be applicable to computer programs.
Permissible Use Against Compensation
Art. 25 (1) The following shall be permissible without the consent of the copyright holder and against payment of compensation:
1 . Reproduction on paper or similar medium by reprographic or another analogous process of works with the exception of sheet music, and for no commercial purposes.
2. Reproduction of works on any medium made by a natural person for his private use and for no commercial purposes.
(2) The provision under paragraph 1, item 2 shall not refer to computer programs and works of architecture. The provisions of Art. 70. and Art.71 shall be applicable to computer programs.
Binding the Free Use with Preserving Technical Means ofProtection
Art. 25a. The use of works under Art. 24 (1) and Art. 25 (l) may not be carried out in a manner accompanied by removal, damage, destruction or disruption of technical means of protection without the consent of the copyright holder.
Compensation for Permissible Free Use
Art. 26. (1) The authors of works recorded on sound or video carriers, as well as the performers, whose performances are recorded and the producers of sound recordings, and the producers of the first fixation of recorded films, shall be entitled to a compensation where the recordings are re-recorded for personal use. The authors and the publishers of any printed works shall also be entitled to such compensation when these works are reproduced in a reprographic way for personal use.
2. When the levied apparatuses intended for recording or reproduction in a reprographic way:
(6) Apparatuses intended for recording within the meaning of this article shall be any apparatuses that are intended for recording of works on a sound or video carrier from a sound or video carrier or from a radio or television broadcast. Apparatuses designated for reproduction in a reprographic way shall be any devices designated to make copies from printed materials by means of photocopying or any other means achieving such a result.
Chapter Six
DURATION OF COPYRIGHT
General Rule
Art. 27. (1) Copyright shall be protected for the lifetime of the author and for seventy years after his death.
(2) For works created by two and more authors the term specified in paragraph (1) shall start upon the death of the last surviving co-author.
Anonymous and Pseudonymous works
Art. 28. The copyright in anonymous or pseudonymous works shall be protected for 70 years after the works are first made available to the public. If the author's identity is revealed before the end of this term, or if the pseudonym leaves the author's identity in no doubt, the provisions of the preceding Article shall apply.
Computer Programs and Databases
Art. 28a. The copyright in a computer program or database under Art. 14 shall be protected for 70 years after the work is made available to the public. If the author's identity is established before the end of that term, the provisions of Art. 27 shall apply.
Films
Art. 29. (1) The copyright in a film or other audiovisual work shall be protected for 70 years after the death of the last survivor of the group comprising the director, the author of the screenplay, the director of the photography and the author of the dialogue, and also the composer if the music was specially made for the film.
Collective Works
Art. 30. (1) The copyright in encyclopaedias, periodicals and other works under Art. 3 (2), item 3, shall be protected for 70 years after their publication.
(2) In the case of works that are published in volumes, parts, issues or instalments, the term under paragraph (1) shall be calculated for each one individually.
Commencement ofTerms
Art. 31. The terms under the preceding Articles of this Chapter shall start to run on January 1 of the year following the year of the author's death or, as the case may be, the year in which the work under Articles 27 to 30 inclusive was made, or made available to the public, or published.
Inheritance ofCopyright
Art. 32. (1) After the author's death the copyright shall transfer to his successors by testamentary provision or by operation of the provisions of the Law on Inheritance.
(2) Copyright may be inherited until the expiration of the term of protection.
Exercise ofRights in the Absence ofSuccessors
Art. 33. Where the author has no successors or all of them die prior to the expiration of the term of protection, copyright shall revert to the State, which shall exercise it through the Ministry of Culture until the term expires. In case the deceased author or his successor has been a member of a collective management society of rights under this Law, that organization shall exercise such rights at its own expense until they expire.
Use of Works After the Copyright Has Expired
Art. 34. After the expiration of the term of copyright protection, the works may be used freely provided that the use does not violate the rights under Art. 15, items 4 and 5, which are of unlimited duration. The bodies under Art. 33 shall monitor the observance of these rights and may, exceptionally, permit changes to be made in such works.
Protection ofUnpublished Works
Art. 34a. Any person who makes a work available to the public after the term of copyright protection has expired shall enjoy the rights under Art. 18 if the work has not been published previously. That right shall be protected for 25 years as from January 1 of the year following that in which the work is made available to the public.
Chapter Seven
USE OF WORKS
Section I
General Provisions
Author's Consent for the Use ofHis Work
Art. 35. A literary, artistic or scientific work may be used with the consent of the author unless otherwise provided by this Law.
Contracts for Use
Art. 36. (1) Under a contract for use of his work the author grants the user the exclusive or non-exclusive right to use the work created by him on specific terms and for compensation.
Effect and Duration ofthe Contracts
Art. 37. (1) A contract under which the author grants the right to use all the works he may create for the remainder of his lifetime shall be considered null and void.
(2) The duration of the contract for use of a work shall be up to ten years. In case a longer term of duration has been stipulated in the contract, it shall remain in force for 10 years only. This limitation shall not apply to contracts for architectural designs.
Amount ofCompensation
Art. 38. (1) The compensation of the author may be defined as a portion of the revenue derived from the use of his work, payable as a fixed lump sum or otherwise.
(2) In case the compensation determined as a lump sum proves to be clearly out of proportion to the revenue derived from the use of the work, the author may claim an increase in that compensation. If no agreement can be reached between the parties, the dispute shall be resolved by the court ruling ex aequo et bono.
Escape from a Contract Before Performance Has Commenced
Art. 39. (1) Where a contract granting exclusive rights does not specify a deadline by which the user should start to use the work, the author may escape from the contract if use of his work has not started within two years of the conclusion of the contract or of the delivery of the work, whichever date is later.
(2) Paragraph (I) shall not apply to architectural designs.
Collective Administration Societies
Aft. 40. (1) Authors may on their own mmative establish societies for collective administration of authors' rights and to entrust them with the right to conclude contracts for the use of their works in one or more ways and to collect compensations.
Work Created under an Employment Contract
Art. 41. (1) Copyright in works created in an employment relationship shall belong to the author, unless otherwise provided by this Law.
Commissioned Work
Art. 42. (1) The copyright in a commissioned work shall belong to the author of the work unless otherwise provided in the commission contract.
(2) Unless otherwise agreed, the commissioner shall have the right to use the work without the permission of the author, for the purposes for which it has been commissioned.
Section II
Publishing Contract
Definition
Art. 43. Under a publishing contract the author grants the publisher the right to reproduce and distribute his work, and the publisher undertakes to perform these acts and to pay the compensation due to the author.
Types
Art. 44. A publishing contract may grant the right to reproduce and distribute a work that has already been written, or one that the author has undertaken to write.
Expanding the Field ofApplication
Art. 45. (1) Where under a publishing contract the author has granted a publisher the right to use the work for other purposes in addition to publishing, the publisher may license the use of the work for those purposes to third persons if this is explicitly agreed upon.
(2) The publisher shall be obliged to notify the author in writing about the transfer of rights under paragraph (I).
Form
Art. 46. A publishing contract shall be concluded in writing.
Special Non-Mandatory Rules
Art. 47. Unless provided otherwise in the publishing contract, it shall be assumed that:
Amendments
Art. 48. Prior to undertaking a second printing, the publisher shall enable the author to make any amendments and additions to the work that may be deemed necessary.
Return ofOriginals Providedfor Publication
Art. 49. Unless agreed otherwise in writing, the publisher shall return the originals of works of fine art, original documents and illustrations and other originals, which have been provided to him for publication.
Perished Copies
Art. 50. If the reproduced but not yet offered for sale copies of the work perish entirely or partly through no fault of the publisher, the latter may, within a period of one year, replace the perished copies without having to pay any compensation to the author.
Termination ofa Contract
Art. 51. Unless agreed otherwise, a publishing contract shall be terminated on the date of its expiration or when the print-run is sold out, or when the last print-run is sold out, if two or more print-runs have been agreed upon.
Cancellation Prior to Expiration ofthe Contractual Term
Art. 52. (1) Unless agreed otherwise, the author may unilaterally cancel the publishing contract, by a notice in writing, where the publishing contract has been concluded for more than one print-run and the last print-run has been sold out Without subsequent reproduction and distribution of the work having been undertaken by the publisher within one year, provided that the author requested the publisher to do so within the same period. A print-run shall be considered sold out whenever the number of unsold copies amounts to no more than five per cent of the total circulation.
(2) In the cases under paragraph (1), the author shall not be required to refund any compensation already received.
Publication at Author's Expense
Art. 53. (1) The author may, at his own expense, place an order with a publisher for the reproduction and distribution of a given number of copies of his work.
(2) An author may agree with a publisher to reproduce and distribute copies of the work, assuming part of the expenses and participating in the distribution of the revenue.
Contracts for Reproduction and
Distribution ofPhonograms
Art. 54. (1) Unless otherwise provided in the contract for reproduction and distribution of the work in the form of a phonogram, and unless the author has entrusted the administration of the rights to a society for collective administration of rights, it shall be understood that:
1 . the user shall make the recording within 6 months of the date of delivery of the work, in a form suitable for recording, and to proceed with the reproduction and distribution within 6 months after the recording has been made;
(3) The right granted by the author for the recording, reproduction and distribution of his work in the form of phonograms shall not include the right to use the recorded work for public performance, or for broadcasting by wireless, cable or other technical means. The inclusion of these rights shall be explicitly agreed upon between the parties.
Section III
Contract for Public Presentation or Performance
Definition
Art. 55. Under a contract for public presentation the author of a work of the performing arts grants a user the right to present the work, and the user undertakes to present it and pay compensation to the author.
Non-Mandatory Rules
Art. 56. Unless otherwise provided by contract, it shall be deemed that:
Contracts for the Use by Wireless, Cable or Other Technical Means
Art. 57. The provisions of items 1, 2 and 3 of Art. 56 shall apply also to contracts for broadcasting by wireless, cable or other technical means of works of the performing arts and of musical or literary works that have not been made available to the public. Unless otherwise agreed in the contract, it shall be assumed that the author has granted the user the right to make a single broadcast of the work.
Contracts for Public Performance
Art. 58.(1) Consent to the public performance, live or recorded, and to the broadcasting by wireless, cable or other technical means of musical and literary works, which have already been made available to the public, shall be given in writing by the author or by a duly authorized organization engaged in collective administration of authors' rights, which shall negotiate, collect and pay the compensation due. When the consent is given by a society for collective administration of rights, the user shall submit to the latter a precise account of the works used and of the authors thereof.
(2) Consent under paragraph (l) for the retransmission of works by cable or other technical means shall be given only by the society for collective administration of rights.
Section IV
Contract for Publication in a Periodical
Right to Use a Commissioned Work
Art. 59. (1) The author of a commissioned work shall not be entitled, without the consent of the publisher, to offer the same work or parts thereof for publication as an independent work or for wireless broadcasting prior to its being released by the publisher.
(2) Unless otherwise agreed, the restrictions under the preceding paragraph shall not apply where fifteen days for newspapers and three months for magazines have elapsed since the manuscript was handed in without the publisher having either published or informed the author within those periods of time that he will publish, specifying the issue of the periodical in which it will be done.
Right to Repeated Use
Art. 60. Unless otherwise agreed in writing, the author shall be entitled to use his work, which has already been published in a periodical after the date of the publication.
Return ofMaterials Offeredfor Publication
Art. 61. The publishers of periodicals shall be obliged to return originals of works of fine art, original documents and illustrations, offered for publication unless otherwise agreed upon in writing.
Section V
Creation and Use of Films
And Other Audiovisual Works
Right owners
Art. 62. (1) Copyright in a film or other audiovisual work shall belong to the director, the author of the screenplay and the director of photography. The copyright in cartoons shall belong also to the artist-director.
Contracts for Production and Use
Art. 63. (1) The authors under Art. 62 shall conclude contracts in writing with the producer under which, unless otherwise agreed upon or provided for by this Law, shall be deemed that the producer is granted the exclusive right to make copies of the work, show it in public, broadcast it by wireless, cable or other technical means, reproduce and distribute it on video carriers and authorize its translation, dubbing and subtitling, both within the country and abroad.
(2) The producer shall pay the authors as defined in the preceding Article
compensation for the rights granted. In that case the provisions of Articles 41 (2) and 42 (2) shall not apply.
Secondary Use
Art. 64. The producer may grant third parties, provided that they assume the obligations under Art. 65, the right to broadcast the work by wireless, cable or other technical means, to reproduce it on video carriers for distribution or public showing, but shall notify in writing the authors under Art. 62 (1) accordingly, within a period of one month, unless otherwise provided by this Law.
Compensation
Art. 65. (1) The director, the author of the screenplay, the director of photography and the composer, as well as the artist-director of cartoons shall be entitled to compensation other than that provided for in Art. 63 (2) for each type of use of the audiovisual work, and the other authors mentioned in Aft. 62 shall be eligible for such compensation if that has been specifically agreed.
Reporting to Authors
Art. 66. At the request of the persons mentioned in Article 62, the producer shall provide them at least once a year a statement of the revenue collected for each type of use of the work.
Use ofParts ofFilms
Art. 67. The producer may use parts of the work or individual frames to the extent justified by the purposes of advertising the film without seeking the consent of the authors and without paying compensation to them. The producer may use such parts or frames for other purposes only with the consent of the authors under Art. 62 (1), and shall pay them compensation. Other persons may use parts or frames only with the consent of the authors under Art. 62 (1), and shall pay them compensation.
Section VI
Use of Works of Fine Art, Architecture
And Photography
Presumption ofGranted Rights to Public Display
Art. 68. (1) The transfer of ownership in works of fine art and photographic works, or works expressed by a process analogous to photography shall include, unless otherwise agreed in writing, transfer of the right to display the works in public.
(2) The transfer of the right to use an architectural design shall include, unless otherwise agreed in writing, transfer of the right to display the design in public.
Subsequent Use ofArchitectural Designs
Art. 69. For each subsequent use of an architectural design of an already constructed building or other facility, the written consent of the author shall be required.
Section VII
Use of Computer Programs
Non-Mandatory Rules
Art. 70. Unless otherwise agreed, it shall be understood that the person who has lawfully acquired the right to use a computer program may use that program, display it on screen, operate it, transmit it, store it in the memory of his computer, translate it and make adaptations and other alterations to it, provided this is necessary for achieving the purpose for which the right to use the program has been acquired, as well as for the elimination of errors.
Mandatory Rules
Art. 71. The person who has lawfully acquired the right to use a computer program need not seek the consent of the author or pay additional compensation in order to:
Management andcontrolofsoftware assets by the bodies ofthe central andlocal state administration
Art. 71a The management and control over the use of the software assets acquired by the state bodies and their administration, as well as by the local executive bodies and their administration shall be conducted in a manner set forth by the Council of Ministers.
TITLE TWO RIGHTS NEIGHBOURING TO COPYRIGHT AND SPECIFIC RIGHTS
Chapter Eight
GENERAL PROVISIONS
Owners and Subject Matter ofNeighbouring Rights
Art. 72. The following shall have rights neighbouring to copyright in their works:
3. the producer of the initial recording of a film or other audiovisual work in the original copy, as well as in the copies produced as a result of such recording:
4. radio and television organization in their programs.
Conflict with Copyright
Art. 72a. A neighbouring right may not be exercised in a manner which might result in infringing or restricting copyright.
Exercising Neighbouring Rights through Collective
Administration Societies
Art. 73. The economic rights of performing artists, producers of phonograms, film producers, and radio and television organizations may be exercised by duly empowered societies engaged in the collective administration of rights under Art. 40.
Chapter Nine
RIGHTS OF PERFORMING ARTISTS
OWNER OF THE RIGHT
Art. 74. A performing artist is a person who presents, sings, plays, dances, recites, acts, directs, conducts, comments upon, dubs into another language or otherwise performs a work, circus or variety act, a puppet show or a work of folklore.
Moral Rights
Art. 75. (1) The performing artist shall enjoy the following moral rights:
(2) The right under item I of the preceding paragraph shall be inalienable. Waiving the requirement under item 2 may only be explicit and in writing.
Economic Rights
Art. 76. (1) A performing artist shall have the exclusive right to permit for compensation:
Secondary Use
Art. 77. The amount of compensation for the performing artists and producers of sound recordings for broadcasting by wireless, cable or other technical means or for the public performance using audio or other equipment, of works that have already been made available to the public shall be determined according to Additional Provisions 5, with one half of the amount payable to the performing artists and the other half to the producers of sound recordings.
Participation in Filming
Art. 78. (1) Unless otherwise agreed in the performance contract, it shall be deemed that the performing artist who has taken part in the shooting of afilm or other audiovisual work has thereby granted the producer of the work the right to show the recorded work in public, and also the right to broadcast it by wireless, cable or other technical means, as well as the right to reproduce and distribute it on video carriers.
Permission by Groups ofPerformers
Art. 79. The participants in collective' performances such as choirs, orchestras, ensembles or other groups of performers, shall authorize in writing one person to grant the permissions under this Chapter for the use of their performances. Soloists and conductors and also directors of stage works shall grant permission individually.
Announcing Names for Collective Performances
Aft. 80. In case of collective performances the name of the ensemble or group as a whole shall be mentioned or announced in the customary manner; the names of the soloists, the conductor and the director of the stage performance shall be announced individually, unless otherwise agreed with these persons.
Performance Under an Employment Contract
Art. 81. The permission under Art. 76 (1) to use a performance given under an employment contract shall be granted by the employer unless otherwise agreed with the performer.
Duration
Art. 82. The rights of the performers shall remain in force for fifty years. The term shall run from the first of January of the year following the year in which the recording of the performance was published, or, and where the recording has not been published or the performance has not been recorded -at the beginning of the year, following that in which the first performance was held.
Protection ofthe Names ofGroups ofPerformers
Art.83. (1) The names of groups of performers shall be registered with the Ministry of Culture in the manner specified by the Council of Ministers. Fees for filing requests for registration, for enquiries concerning register entries and for the issue of documents containing information on register entries shall be charged at a rate laid down in a tariff adopted by the Council of Ministers.
Application by Analogy
Art. 84. The provisions of articles 18a, 21, 22, 23, Art. 24 (1), items 1,6,8,12 and 14,
Art. 25 (1), item 2, Art. 25a, 26, 32, 33, 34, 36, 37 and Art. 58 (1) shall apply respectively to the rights of performers and Art. 66 -to the rights of the persons referred to in Art. 78 (3).
Chapter Ten
RIGHTS OF PRODUCERS OF PHONOGRAMS
Right owners
Art. 85. Producer of a phonogram shall be the physical person or the legal entity that organizes the first recording and finances it.
Economic Rights
Art. 86. (1) The producer shall have the exclusive right to grant permission against compensation for:
commercial quantities, irrespective of whether they have been manufactured legally or in violation of the rights under item 1;
3. the public performance and broadcasting by wireless, cable or other technical means;
4. the offering to an unlimited number of persons, by wireless, cable or other technical means, of access to the recording or a part thereof in a manner permitting the access to be had from any place and at any time individually chosen by each one of those persons.
(2) The producer may grant by contract certain rights under paragraph (1) to third persons, including the author and performers of the works recorded.
Moral Rights
Art. 87. (1) The producer may require that his name appear in the customary manner on the sound carriers and their packaging whenever recordings made by him are reproduced and distributed.
(2) In the absence of proof to the contrary it shall be deemed that the producer of the recording is the person whose name or other identifying mark is indicated on the phonogram in the customary manner.
Secondary Use
Art. 88. The compensation to producers of phonograms already made available to the public for the broadcasting thereof by wireless, cable or other technical means, or public performance by means of sound equipment or by other means, shall be determined and paid as set forth in Art. 77.
Duration
Art. 89. The rights of the producers under this Chapter shall last for fifty years. The term shall run from the first of January of the year, following the year in which the phonogram was made. In case the phonogram has been lawfully published within this period, the term shall run from the first of January of the year, following the year of that publication. In case the phonogram has not been lawfully published but has been lawfully communicated to the public within the period, referred to in the second sentence, the term shall run from the first of January, following the year of that communication.
Application By Analogy
Art. 90. The provisions of Art. 8, Art. 1 8a, 21, 22, 23, Art.24 (1) items 1,3,6,8,11,12, 13, and 14, Art. 25 (1) item 2, Art. 25a, 26 and 36 shall apply respectively to phonogram producers.
Chapter Ten 'a'
RIGHTS OF FILM PRODUCERS
Content ofthe Rights
Art. 90a. (1) The producer of the initial recording of a film or other audiovisual work shall have, with respect to the original of the film and the copies thereof produced as a result of such recording, the exclusive right to grant permission against compensation for:
1 . their duplication;
(2) The producer shall be entitled to require that the name or the title of the film be mentioned in the usual manner whenever the film is used.
Duration
Art. 90b. The rights of producers under this Chapter shall be protected for fifty years. That term shall commence on January 1 of the year following that in which the film was made available to the public; where the film has not been made available to the public, the term shall commence at the beginning ofthe year following that in which the film was made.
Application by analogy
Art.90c. The provisions of Art. 8, 18a, 21,22,23, Art.24 (1) items 1,3,6, 8, 11, 12, 13, and 14, Art. 25 (1) item 2, Art. 25a, 26 and 36 shall apply respectively to film producers.
Chapter Eleven
RIGHTS OF RADIO AND TELEVISION ORGANIZAnONS
Content ofRights
Art. 91. (1) The radio or television organization that has made the initial broadcast or transmission of its own program shall have the exclusive right to grant permission against compensation for:
1 . re-broadcasting of the program by wireless means or retransmission thereof by cable or other technical means;
2. recording of the program and reproduction and distribution of the recordings;
3. offering to an unlimited number of persons, by wireless, cable or other technical means, of access to the film or a part thereof in a manner permitting the access to be had from any place and at any time individually chosen by each one ofthose persons.
Duration
Art. 92. The rights of the radio and television organizations under this Chapter shall remain in force for fifty years. The term shall commence on the first of January of the year following that in which the program was first broadcast or transmitted.
Application by Analogy
Art. 93. The provisions of Art. 8, 18a, 21, 22, 23, Art. 24 (1), items 1,2,3,8,12 and 13 and Art. 36 shall apply respectively to radio and television organizations.
Chapter Eleven "a"
Rights of Database Authors
Holder OfThe Right
Art. 93b (1) Holder of the right in databases shall be their maker.
(2) Database maker under this Chapter shall be the natural person or legal entity that has taken the initiative and run the risk of investing in the compilation, verification or use of the contents of a database, provided such investment is substantial, evaluated qualitatively or quantitatively.
Contents ofthe Right
Art. 93c (1) The database maker shall be entitled to prohibit:
with regard to insubstantial parts of its contents, in case these acts are repeated and systematic in a manner that conflicts with the normal exploitation of the database or may prejudice the legitimate interests of its maker.
Exhaustion Ofthe Right
Art. 93d. (1) The first sale of a material copy of a database on the territory of Bulgaria by the holder of the right under Art. 93c or with his consent shall exhaust the right to control resale of that copy within the country.
(2) The transmission of a database in a digital form, including such in a communication network, shall not exhaust the right of distribution as regards material copies of the database made by the user with the consent of the right holder under Art.93c.
Collision With Other Rights
Art. 93e (1) The right referred to in Art. 93c shall arise irrespective of the eligibility of the database or parts of its contents for protection by copyright or other rights.
(2) The right referred to in Art. 93c shall be exercised without prejudice or limitation of copyright or neighbouring rights in the database contents.
Rights and Obligations ofLawful Users
Art. 93f (1) Where a database is made available to the public in whatever manner, the maker may not prevent the extraction or re-utilization of an insubstantial part of its contents for whatever purposes by the person who has lawfully acquired access to it. In case a lawful user has the right to extract and utilize only part of the database, this provision shall apply only in respect to that part.
Exceptions
Art. 93g. A lawful user of a database which is made available to the public in whatever manner may, without the authorization of its maker, extract or re-utilize according to Art. 93c a substantial part of its contents:
1. | In | case | of extraction for private | use | of the | contents | of a | non-digital | ||
---|---|---|---|---|---|---|---|---|---|---|
database. | ||||||||||
2. | In | case | of extraction for the | purposes of illustration for teaching | or |
scientific research to an extent justified by the purpose, provided the source is indicated.
3. In case of extraction or re-utilization for the purposes of national security or in an administrative or judicial procedure.
Duration
Art. 93h (1) The rights referred to in Art. 93c shall last for fifteen years. The term shall run from the first of January following the year during which the database has been completed.
TITLE THREE PROTECTION OF COPYRIGHT AND NEIGHBOURING RIGHTS
Chapter Twelve CIVIL REMEDIES
Action for Compensation
Art. 94. (1) Any person who infringes copyright or a right, neighbouring to copyright, or a right under Art. 93c shall be liable to compensation for the damages incurred by the right owner or the person to whom exclusive user rights have been granted.
(2) When the grounds of the claim have been established, but there is not sufficient information about the amount of the compensation, the persons under paragraph
(l) may demand the following in place of compensation:
1. the revenue received as a result ofthe infringement;
Other Actions
Art. 95. Where a work or subject matter under Art. 72 is used in violation of the provision of this Law, the right owners or the person to whom the user right has been exclusively granted may bring an action in court for:
1 . an injunction restraining the unlawful use;
4. delivery to him ofthe articles mentioned in item 2.
Competent Courts
Art. 96. The disputes under this Law shall be settled by the district courts.
Guarantee measures
Art, 96a. (l) When copyright or a neighbouring right has been infringed or when there are sufficient grounds to consider that such infringement will be committed or evidence will be lost, destroyed or concealed, the court, at the request of the right holder or of the person to whom the exclusive use right has been granted, may, without informing the other party, permit some of the following guarantee measures:
1 . prohibition of the performance of the activity alleged to constitute or to be about to constitute an unlawful use of a work or subject matter under Art. 72;
measure on the defendant. The property seized, together with a checklist, shall be handed over to be kept by the plaintiff who may use it only as evidentiary material.
Chapter Twelve "a"
Border Measures
Grounds and Field ofApplication
Art. 96b. (1) A copyright holder of a neighbouring right or a right under Art. 93c, or the person to whom an exclusive right to use has been granted, may request the customs authorities to suspend any goods transported across the state border of the Republic of Bulgaria regarding which there is reasonable grounds to consider that they infringe rights protected by this Law. To cover suspense expenses, charges shall be payable at a rate laid down in a tariff adopted by the Council of Ministers.
(2) When the state of residence or the registered office of the petitioner is outside
this country, an address for service within the territory of the Republic of Bulgaria shall be provided.
quantities for non-commercial purposes, to small parcels sent by parcel post or to goods in transit.
Procedure ofSuspension
96c. (1) Suspension shall be effected on the basis of a petition in writing lodged by a person under Art. 96b (1) which petition shall contain proof of the petitioner's rights, and also of the ground to consider that the rights have been infringed.
(5) The competent authorities before which the legal procedure under paragraph (4)
has been initiated shall decide, upon request by the interested party, whether the suspension measure is to be confirmed, modified or revoked.
(6) Where after the request for suspension no procedure under paragraph (4) is initiated or where the request proves to have been groundless, the aggrieved party shall be entitled to indemnification.
Actions Initiated by Customs Authorities
96d. (I) The customs authorities may on their own initiative or upon request by another government agency suspend goods regarding which they have reasonable ground to consider that they infringe the rights protected by this Law.
Additional Regulation
96e. The Council of Ministers shall issue a regulation on the implementation of this Chapter.
Chapter Thirteen
ADMINISTRATIVE-PENAL PROVISIONS
Penalties
Art. 97. (1) Any person who in violation of the provisions of this Law:
5. organizes the live or recorded public performance or presentation of works;
9. reproduces or distributes or otherwise uses a computer program;
10. reproduces or distributes works of applied art, design and crafts, photographic works or works made in a manner comparable to photography;
shall be liable to a fine or pecuniary sanction ranging from 200 to 2,000 BGN, unless the infringement is subject to more severe penalty; subject matter of the infringement, regardless of whose property may be, shall be seized in favour of the State and shall be handed over for destruction by agencies ofthe Ministry ofInterior.
destroy or disrupt technological means of protection, or persons who provide services for such circumvention with commercial purposes.
2. distributes, including import for the purposes of distribution, performs in public, broadcasts by wireless or transmits via cable or other technical means subject matter of copyright or neighbouring rights, offers an unlimited number of persons access to subject matter in a manner whereby that access may be had from a place and at a time individually chosen by each of those persons, knowing that the information in electronic form on the regime of rights in the subject matter has been removed or modified without authority.
(9)"Rights management information" as used in Art.7 means information which identifies the subject matter of copyright or neighbouring right, the holder of such a right, information about the terms and conditions of use of such subject matter, and any numbers or codes that represent such information, when any of these items of information is attached to a copy of the subject matter or appears in connection with its disclosure to the public.
Establishment ofInfringements,
IssueofActsforEstablishmentandPenal Ordinances Art. 98. (1) The acts establishing infringements under Art. 97 shall be issued by bodies duly empowered by the Minister responsible for culture with the assistance of agencies of the Ministry of Interior.
TITLE FOUR
APPLICABLE LAW
Applicable Law for Literary, Artistic and Architectural Works
Art. 99. (l)This Law shall apply to:
Applicable Law for Performances
Art. 100. (1) This Law shall apply for the performances of the performers who are citizens of the Republic of Bulgaria or have a permanent address in the country, irrespective of where the performances have taken place;
(2) This Law shall apply also to the performances of foreign performers, which have taken place on the territory of the Republic of Bulgaria.
Applicable Law for Recordings, Programs and Films
Art, 101. This Law shall apply to subject matter under Art. 72 items 2, 3, and 4, made by physical persons who are citizens of the Republic of Bulgaria or have a permanent address in the country, or by legal entities, whose headquarters are located in the country, irrespective of where they have been made, as well as to the recordings made or simultaneously published for the first time by foreign persons on the territory of the Republic of Bulgaria.
Applicable Law to Database Makers
Art. 101 a (1) This Law shall apply to database makers in case they are citizens of the Republic of Bulgaria or have a permanent address in the country.
(2) The provision of paragraph I shall apply to legal entities, established in compliance with the legislation of the Republic of Bulgaria, which have their headquarters, central administration or main activities in the country. In case the legal entity has only its headquarters in the Republic of Bulgaria, it shall be required that its activities have a real connection with the economy of the country.
Application ofInternational Treaties
Art. 102 (1) The rights of the foreign performers, producers of phonograms and radio and television organizations and film producers other than those, set out in Art. 100 (2) and Art.
101, shall be protected in compliance with the international treaties on rights neighbouring to copyright to wh ich the Republic of Bulgaria is party.
(2) Foreign database makers shall be protected in accordance with the international treaties to which the Republic of Bulgaria is party.
ADDITIONAL PROVISIONS
§ 1. (1) The copyright owner or a person who has been granted the exclusive right to use a work protected by this Law, may place the Latin letter "C", encircled, in a suitable position on copies of the work, followed by his name and the year of the first publication.
(2) The producer of a phonogram or the person, who has been granted the exclusive right to reproduce a phonogram protected by this Law, may place a circled Latin letter "C", followed by his name or title and the year of the first publication.
§ lao (1) It shall not be permissible to acquire, appropriate or keep for commercial purposes durable material media containing copyright-protected subject matter that has been reproduced in violation ofthis Law.
(2) The durable material media under paragraph (1) shall be seized in favour of the State on the basis of an order issued by the relevant penal administrative body, or by a court, and shall be handed over for destruction by agencies of the Ministry of Interior.
§ 2. Within the meaning of this Law:
8. "phonogram" means the product of audio recording;
I3."a database" is a collection of independent works, data or other materials which are arranged in a systematic or methodical way and individually accessible by electronic or other means. Computer programs used in the making or operation of databases, the recordings of a separate audiovisual work, work of literature or musical work, as well as the compilation of recordings of musical performances on CD shall not be deemed databases within the meaning ofthis Law.
14. "technological measures" means any technology, device or component that, in
the normal course of its operation, is designed to prevent or restrict acts in respect of works or other subject-matter protected by this Law, which are not authorized by the right holder, if through these measures the use of protected subject matter is controlled by the right holder through an access code, scrambling or other transformation of the subject matter or a copy control mechanism.
§ 3. The definitions of items 1,2, 3,4 and 5 of the preceding paragraph shall also apply to the subject matter specified in Art. 72.
§ 4. (1) Each copy of a work of fine art signed personally by its author shall be deemed to be an original. The number of originals shall be determined by the author and shall be stated in an appropriate manner at the first disclosure of the work whereby it shall not be subject to subsequent change. Each copy shall carry a serial number.
(2) The provision of paragraph (1) shall not apply to works of applied art, design and craft works.
§ 5.(1) The amount of compensation payable to the copyright or neighbouring right owners for the use of their works, performances, phonograms and radio and television programs shall be negotiated in a contract between the right owners and the users.
(2) Whenever use is negotiated through a society for collective administration of rights, the amount of the compensation shall be fixed in a contract between the said society and the users or their associations.
§ 5a. (1) The manufacture of compact discs and matrices for their manufacture shall be carried out only by licensed persons.
(2) The licensing of manufacturers referred to in (1), as well as the terms and conditions for the manufacture and distribution of recorded CDs and other carriers, containing subject matter of copyright and neighbouring rights, and matrices for their manufacture shall be set forth by the Council of Ministers.
TRANSITIONAL AND FINAL PROVISIONS
§ 6.(1) This Law shall also apply to works, performances, phonograms, and radio and television programs, created or made prior to its entry into force if the terms for protection provided therein have not expired.
(2) The authors' rights acquired prior to the entry into force of this Law shall remain in force.
§ 7. The author of a literary text, which has been used without his consent in a musical work pursuant to Art. 7 (b) of the 1951 Copyright Law may not prevent the further use of the musical work together with the text if the two have already been made available to the public together.
§ 8. (1) The Copyright Agency is hereby abolished.
(2) The assets of the Copyright Agency shall pass to the Ministry of Culture.
(3) The Council of Ministers shall determine the terms and procedures for the distribution of the assets of the Agency among the organizations under Art. 40 of this Law.
§ 9. The following are hereby repealed:
§ 10. This Law shall enter into force on 1 August 1993.
§ 11. The implementation of this Law shall be entrusted to the Council of Ministers.
TRANSITIONAL AND FINAL PROVISIONS of the Law to Amend the Law on Copyright and Neighbouring Rights (Durzhaven vestnik N028/2000)
§51 (1) This law shall also apply to works and subject matter under Art.72 created or made prior to its entry into force, provided the terms of protection set forth in it have not expired yet.
(2) Copyright holders cannot lay claims regarding uses of their works occurring at a time when the term of protection of those rights had already expired as provided under the then existing law.
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§ 53. The words "ministry responsible for culture" shall be replaced by "Ministry of Culture".
§ 54. (1) This Law shall enter into force one month after its publication in Durzhaven vestnik with the exception of paragraph 8, which enters in force on 1 January 2000.
(2) The Council of Ministers shall adopt regulations to implement paragraph 8 within a six-month period upon entry into force of this Law, whose regulations will be retroactively in force since 1 January 2000.
TRANSITIONAL AND FINAL PROVISIONS of the Law to Amend the Law on Copyright and Neighbouring Rights (Durzhaven vestnik Non/2002)
§ 38 (1) The provisions of Art. 93b shall apply with regard to databases or parts thereof, whose creation was completed before this Law comes into effect, if the terms under Art. 93h have not expired.
(2) The right holders under Art. 93c shall not be entitled to laying claims regarding any actions carried out before this Law comes into effect.
§ 39. (In force as of 09.08.2002) The Council of Ministers shall adopt the regulations under paragraph 14 (new Art. 71a) and paragraph 37, item 2 (new paragraph Sa) by January 1, 2003.
§ 40. This Law shall enter into force as of January 1, 2003, excepting paragraph 39 which shall enter into force as of the day this Law is published in Durzhaven vestnik.