- LAW ON COPYRIGHT AND NEIGHBOURING RIGHTS, No. 56/1993
- TITLE ONE - COPYRIGHT
- Chapter One - GENERAL PROVISIONS
- Chapter Two - SUBJECT MATTER OF COPYRIGHT
- Chapter Three - COPYRIGHT OWNERS
- Authors and Other Copyright Owners
- Presumption of Authorship
- Authorship of Works Disclosed under a Pseudonym or Anonymously
- Joint authorship
- Copyright in Translations and Adaptations
- Copyright in Periodicals and Encyclopaedias
- Copyright in Collections, Anthologies, Bibliographic Works and Databases
- Copyright in Works of Fine Art and Architecture
- Copyright in Portraits
- Copyright in Computer Programs and Databases Developed under an Employment Contract
- Chapter Four - CONTENTS OF COPYRIGHT
- Chapter Five - FREE USE OF WORKS
- Chapter Six - DURATION OF COPYRIGHT
- Chapter Seven - USE OF WORKS
- Section I - General Provisions
- Section II - Publishing Contract
- Definition
- Types
- Expanding the Field of Application
- Form
- Special Non-Mandatory Rules
- Amendments
- Return ofOriginals Provided for Publication
- Perished Copies
- Termination of a Contract
- Cancellation Prior to Expiration of the Contractual Term
- Publication at Author's Expense
- Contracts for Reproduction and Distribution of Phonograms
- Section III - Contract for Public Presentation or Performance
- Section IV - Contract for Publication in a Periodical
- Section V - Creation and Use of Films And Other Audiovisual Works
- Section VI - Use of Works of Fine Art, Architecture And Photography
- Section VII - Use of Computer Programs
- TITLE TWO - RIGHTS NEIGHBOURING TO COPYRIGHT AND SPECIFIC RIGHTS
- TITLE THREE - PROTECTION OF COPYRIGHT AND NEIGHBOURING RIGHTS
- TITLE FOUR - APPLICABLE LAW
- ADDITIONAL PROVISIONS
- TRANSITIONAL AND FINAL PROVISIONS
- TITLE ONE - COPYRIGHT
LAW ON COPYRIGHT AND NEIGHBOURING RIGHTS 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 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, 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 Art. 14. Unless otherwise agreed, the copyright in computer programs and databases developed under an employment contract shall belong to the employer.
Chapter Four Section I 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 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 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 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 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.
(Published in State Gasette No 56/1993; amended No 63/1994, No I 0/1 998,
No 2812000, No 77/2002)
works, pantomimes, choreographic works, etc.;
photography;
COPYRIGHT OWNERS
Anthologies, Bibliographic Works and Databases
Developed under an Employment Contract
CONTENTS OF COPYRIGHT
Moral Rights
After the Death ofthe Author
unlimited number of persons;
Satellite
FREE USE OF WORKS
b) Other lawful use of the work.
2. of the compensations under paragraph 1, second sentence:
DURATION OF COPYRIGHT