RESTRICTEDWORLD TRADE
ORGANIZATIONIP/Q/BGR/1
27 October 1998
(98-4192)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION ON COPYRIGHT AND RELATED RIGHTS
Bulgaria1
The present document reproduces the introductory statement made by the delegation of
Bulgaria, the questions put to it and the responses given in the review of legislation at the Council's
meetings of 12 May and 16 July 1998.2
_______________
I. INTRODUCTORY STATEMENT
Copyright law is an important branch of Bulgarian legislation with traditions of long standing.
The first Bulgarian Copyright Law dates back to 1921.  The second Law on Copyright was enacted in1951 and was effective until 1 August 1993, when the new Law on Copyright and Neighbouring
Rights came into force.
In the process of elaboration of the new Law on Copyright and Neighbouring Rights, the
Bulgarian lawmakers followed the principles of the European copyright system, particularly the
French system, while referring mostly to the Spanis h law as a model.  The main provisions of the
directives of the European Communities relating to copyright and neighbouring rights which were
adopted in 1992-1993 have also been incorporated into the Law on Copyright and Neighbouring
Rights.
In order to achieve comprehensive approximation of the Law on Copyright and Neighbouring
Rights with the legislation of the European Union and its Member States, the competent Bulgarianministries are preparing a Draft Law on Amendments to the Law.  The amendments will extend the
term of protection of copyright from 50 to 70 years after the death of the author, a new neighbouring
right – the right of film producers, will be introduced, etc.
Bulgarian legislation in the area of copyright and neighbouring rights also includes
regulations of the Council of Ministers on the system of verification of the right of reproduction  and
distribution of audio and video recordings, adopted in 1996-1998.
                                                     
1 As regards laws and regulations relevant to the areas of copyright and related rights as notified by
Bulgaria under Article 63.2 of the Agreement, reference is made to documents IP/N/1/BGR/1, and
IP/N/1/BGR/C/1 and Addendum 1.
2 The minutes of these meetings can be found in documents IP/C/M/18 and 19.IP/Q/BGR/1
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II. REPLIES TO QUESTIONS POSED BY THE EUROPEAN COMMUNITIES AND 
THEIR MEMBER STATES
1. Please explain whether and how Bulgarian le gislation provides aut hors (including their
successors in title) of computer programs and cinema tographic works with the right to authorize or to
prohibit the commercial rental to the public of original s or copies of their copyright works (Article 11 of
the  TRIPS Agreement)?
The provisions of the Law on Copyright and Ne ighbouring Rights of the Republic of Bulgaria
concerning renting of computer programs and ci nematographic works are in compliance with the
requirements of Article 11 of the TRIPS Agreement.
The Law on Copyright and Neighbouring Rights tr eats computer programs as copyright objects
and provides for their protection in Article 3, para graph 1, subparagraph 1.  The copyright over such a
program belongs to the person, whose work has resulte d in the creation of the computer program.  In
case the computer program was created under an empl oyment contract and unle ss otherwise agreed, the
copyright over it shall belong to the employer (Article 14 of the Law on Copyright and Neighbouring
Rights).
Article 18 of the Law on Copyright and Neighbourin g Rights stipulates that the author of a
computer program or cinematographic work is entitled to the exclusive right to use the work created by
him and to permit its use by other persons.  Para graph 2.4 of the Additional Provisions of the Law
provides that renting of computer programs and cine matographic works is a form of distribution of the
work, that is qualified as a form of use of the work under Article 18.2.
Under the provisions of Article 18.4 of the Law on Copyright and Neighbouring Rights the
author shall reserve for himself the right to perm it renting the originals or copies of the work,
notwithstanding to the tr ansfer of the ownership.
Article 25 of the Law on Copyright and Neighbour ing Rights stipulates that no copies of
computer programs for personal use are allowed.
2. Article 3, paragraph 2 of the Law on Copyright  and Related Rights seems to grant copyright
protection to folklore works whereas Article 4 seem s to exclude such protection.  Please clarify and
explain.
The provisions of Article 3.2 of the Law on C opyright and Neighbouring Rights stipulate that
translations and interpretations of folklore works of art are subject to copyright, while Article 4 excludes
folklore works of art themselves from the list of thos e, subject to protection.  These provisions are not in
contradiction because Article 3.2 of the Law is re lated to the copyright of "secondary" products –
translations and interpretations.  The folklore work of art itself is not and cannot be considered as subject
to protection.
3. Article 18, paragraph 3 of the Law on Copyright  and Related Rights provides for protection of
the work only "when done in such a way, as to e nable an unlimited number of people to perceive the
work".  Please explain how this complies with Article 9 of the TRIPS Agreement in conjunction with
Articles 11, 11bis and 12 of the Berne Convention?
The provisions of Article 18.3 of the Law on Copyright and Neighbouring Rights are to be
considered in relation to Article 18.1 of the same  Law, according to which any author possesses the
exclusive right to use his creation and to permit the us e thereof by other persons.  In order to allow the
existence of such a use regarding the forms enlisted in Article 18, paragraph 2, subparagraphs 3-8 of the
Law, it is necessary that the relevant actions are done in a way as to enable an unlimited number ofIP/Q/BGR/1
Page 3
people to perceive the work.  The public presentation, performance, display of the work are to be carried
out in a broadly accessible manner.  In the cases it is not so (watching video films, listening to musical
works, reading a translation in a circle of friends or the family), use under Article 18 of the Law is not
present.
The above-mentioned provisions of the Law on Copyright and Neighbouring Rights conflict
neither with Article 9 of the TRIPS Agreement, nor with the provisions of th e Berne Convention for the
Protection of Literary and Artistic Works.  The above stated in the text of the question
Articles 11, 11 bis, 12 contain a similar requirement for public accessibility.  For example in Article 11,
paragraph (1), subparagraph (i) - there are provis ions for "public performance";  in Article 11,
paragraph (1), subparagraph (ii) – for "communication to the public of the performance";  in
Article 11 ter, paragraph (1), subparagraph (i) – for "publ ic recitation of works";  in Article 11 ter,
paragraph 1, subparagraph (ii) – for "any communication to the public of the recitation".
[Follow-up question]
How are the rights of authors, creato rs, performers, producers of phonograms and
broadcasting organizations protected in cases of distribution, presentation, broadcasting, transmission
and public exhibition to a limited number of peopl e (e.g. showing of a video in hotel rooms)?
Article 18, paragraph 2, subparagraph 1 of the Law on Copyright and Neighbouring Rights
stipulates that the reproduction of work, regardless of  whether it is related to distribution, presentation,
broadcasting, transmission or public  exhibition and whether it is addressed to a limited or unlimited
number of people, is considered as a use of this work.  Article 18, paragraph 2, subparagraph 1 of the
Law on Copyright and Neighbouring Rights in relation to Article 18, paragraph 1 of the Law entitles the
author to the exclusive right to use the work created by him and to permit its use by other persons,
including the reproduction of the work, regardless of whether it is addressed to a limited or unlimitednumber of people.  The author has the right of protection provided in the Law on Copyright and
Neighbouring Rights also in cases of reproduction of his work and public exhibition to a limited number
of people.
Article 76, paragraph 1, subparagraph 1 of the Law on Copyright and Neighbouring Rights
provides protection of the exclusive right of performing artist to permit for compensation the
broadcasting of a performance of his by wireless, cab le or other technical means, as well as a sound or
video recording of the performance, the reproduction of the recording on audio or video carriers and
their distribution.  Article 76, paragr aph 1, subparagraph 2 of the Law sti pulates the exclusive right of a
performing artist to permit for compensation public performance, broadcasting by wireless, cable or
other technical means of such recordings.
Article 76, paragraph 3 of the Law on Copyrigh t and Neighbouring Rights provides protection
of rights of the producers of sound recordings over  recording of performances and distribution of sound
recordings.
In cases of distribution, presentation, broadcasti ng, transmission or public exhibition to a limited
number of people, the above-stated provisions of Article 76 of the Law on Copyright and Neighbouring
Rights with respect to the protection of rights of  performing artists and producers of sound recordings
are applicable.
The provisions of Article 91 of the Law on C opyright and Neighbouring Rights with respect to
the protection of rights of radio and television organizations over their programmes are applicable in
cases of broadcasting or retransmi ssions to a limited number of people.IP/Q/BGR/1
Page 4
4. Article 23, paragraphs 3-8 of the Law on Copyri ght and Related Rights does not provide for the
obligation to mention the source and the name of th e author in cases of permitted reproduction.  Please
explain how this complies with Article 9 of th e TRIPS Agreement in conj unction with Articles 10 and
10bis of the Berne Convention?
The provisions of Article 23, subparagraphs 3-8 of the Law on Copyright and Neighbouring
Rights shall be considered in relation to Article 15.4 of the Law, which stipulates the possibility for the
author to require as a non-property right the iden tification of his/her name, pseudonym or other
identifying mark in each case of use of the work.  The above-mentioned is applied also to the cases
enlisted in Article 23, subparagraphs 3-8 of the Law, in which free use is allowed.
The provisions of the Law on Copyright and Neighbouring Rights (Article 23 in relation to
Article 15) are in compliance with Articles 10 and 10 bis of the Berne Convention, as well as with
Article 9 of the TRIPS Agreement.
5. Article 29 of the Law on Copyright and Related Rights does not seem to require the consent of
the author to disclose films or other audiovisual works.  Please explain how this complies with Article  9of the TRIPS Agreement in conjunction wi th Article 7 of the Berne Convention?
The provisions of Article 29 of the Bulg arian Law on Copyright and Neighbouring Rights
stipulate the duration of a copyright over films and other audiovisual works.  The copyright over films
and other audiovisual works is protected for fifty years after the work was made available to the public.In paragraph 2.1 of the Additional Provisions of the La w, there is a legal definition of the term "to make
available to the public of the work" – it means bringing of the work with the consent of its author to the
attention to an unlimited number of persons for the first time, irrespective of the form or manner in
which this may be done.  The disclosure of cinematographic works may only be done with the consent
of their author.
Article 29.2 provides for a specific case in rela tion to the duration of copyright protection over
films, which were not made available to the public.  In this case the initial moment of the period for
protection is the creation of the work.
The provisions of Article 29 and paragraph 2.1 of the Additional Provisions of the Law
reproduce the text of Article 7, paragraph 2 of the Berne Convention, and thus they comply with the
requirement of Article 9 of the TRIPS Agreement.
6. Does Bulgarian legislation protect the ri ght of performers and br oadcasting organizations to
communicate their performances and their televi sion broadcasts to the public as required under
Article 14 of the TRIPS Agreement?  Please explain in detail.
Article 76.1 of the Law on Copyright and Neighbour ing Rights stipulates that the performers
have the exclusive right to authorize against payment of remuneration:
- the broadcasting of his/her performance by wireless, cable or other technical means,
as well as a sound or video recording of the performance, the reproduction of the
recording on audio or video carriers and their distribution;
- the public performance, broadcasting by wireless, cable or other technical means of
such recordings.
Article 91 of the Law provides that the broad casting organizations, as far as their programmes
are concerned, have the right to permit their rebroa dcasting, retransmission, recording, reproduction and
distribution.IP/Q/BGR/1
Page 5
The above-mentioned provisions of Article 76.1 and Article 91 of the Law on Copyright and
Neighbouring Rights concerning the rights of perfo rmers and broadcasting organizations comply with
the requirements of Article 14 of the TRIPS Agreement.
7. Are the rights of performers and producers of phonograms protected after the fixation is made
or the performance takes place, but before their respective publication (Articles 82 and 89 of the Law on
Copyright and Related Rights)?  If this is not th e case, please explain how Bulgarian legislation
complies with Article 14.5 of the TRIPS Agreement?
The rights of performers and producers of phonograms, whose recorded performances and
sound recording respectively, have not been publishe d, are protected under the provisions of the Law on
Copyright and Neighbouring Rights.  Only the initial moment of the fifty-year  period of protection is
specific.
According to Article 82 of the Law, concerni ng performances (recorded but not published), an
initial moment is considered to be the beginning of the year, following the year in which the first
performance was held.
According to Article 89 of the Law, concerning the phonograms, which have not been
published, the initial moment is the beginning of the year, following the year in which the phonogram
was made.
The above-mentioned provisions are in confor mity with Article 14.5 of the TRIPS Agreement.
8. Articles 31, 82, 89 and 92 of the Law on Copyright and Related Rights state that the term of
protection only begins to run from  1 January of the year following the death of the author, publication
etc.  How are authors, performers, producers of phonograms and broadcasting organizations protected
before the term of protection begins to run?
Article 27.1 of the Law on Copyright and Neighbourin g Rights stipulates that copyright shall be
protected for the life of the author  and fifty years after his death.
The initial moment of the protection period (first of January of the year following the respective
event) envisaged in the Law is in compliance with  Article 7.5 of the Berne Convention and is motivated
by the desire to expand to the highest degree the peri od of protection of the works, as well as by the aim
to facilitate the calculation of the above-mentioned terms.
During the period between the death of the aut hor, publication etc. until the first of January of
the following year, the protection of the work is subject to the general procedure and does not possess
anything specific.
[Follow-up question]
Reference is made to the "general procedure"  for the protection of works during the period
between the death of the author or publication and th e beginning of the following year.  What is meant
by the "general procedure"?
The term "general procedure" used in the re ply to question 8 means that during the period
between the death of the author and the beginning of the following year his copyright and neighbouring
rights are protected in the same manner as during the period after the 1 January of the year following the
author's death.  In the indicated interim period, as in the period after the beginning of the time-limit, aIP/Q/BGR/1
Page 6
permission for use of the author's work, respectivel y the subjects of neighbouring rights, is granted by
the inheritors, and in cases of no inheritors – by the Ministry of Culture.
9. Please explain whether and how Bulgaria prov ides full "retroactive protection" to works,
phonograms and performances from other WTO Members, as required by Articles 9.1, 14.6 and 70.2 of
the TRIPS Agreement which incorporate by referen ce or rely upon Article 18 of the Berne Convention.
Please give the retroactive date to which such protection extends with respect to each category of
subject matter.
Paragraph 6 of the Transitional and Final Prov isions of the Law on Copyright and Neighbouring
Rights stipulates that the Law is also applied to works, performances, phonograms, video recordings,
radio and television programmes made or performed pr ior to the entry into for ce of the Law, unless the
respective protection terms have expired.  Copyright acquired prior to the entry into force of the Law
remain in force.
A specific retroactive date for such prot ection is not provided for in the Law.
However, the Republic of Bulgaria has ratified  the International Convention for the Protection
of the Performing Artists, the Producers of Phonog rams and Broadcasting Organizations (Rome, 1961)
with reservations with regard to the application of Article 12.  The legal basis for this reservation is in
Article 16.1(a), items 3 and 4 and it is in compliance with Article 14.6 of the TRIPS Agreement.
According to it, the producers of phonograms are entitled to compensation, in cases of wireless
broadcasting and public performance, only if they are citizens of a state, party to the Convention.  The
amount and the term of the compensation are the same as provided in their native state for the protection
of phonograms accomplished for the first time in Bulgaria.
10. Does the Law on Copyright and Related Rights provide for measures, including provisional
measures, to prevent the entry into the channels of commerce in Bulgaria of imported goods that involve
the infringement of an intellectual property right, immediately after customs clearance of such goods?
Please explain in detail.  (Artic les 44 and 50 of the TRIPS Agreement)
The Law on Copyright and Neighbouring Rights does not contain such prov isions.  Provisional
measures are envisaged in the Code of Civil Pr ocedure and may be ordered by the court in case of
existence of the conditions and prerequisites provided in the Code of Civil Procedure.  Such provisional
measures are securing of proofs and claims.
Securing of proofs is done through its preliminar y collecting.  This measure is applied in case
there is a risk that a certain proof might be  lost or its acquisition could be hampered.
Referring the means of collecting proofs the ge neral rules of civil procedure are applied
(Article 169 of the Code of Civil Procedure).  There is a specific possibility that the proofs can be
collected in advance on a pending law suit or on a fort hcoming law suit.  In this case the application for
ensuring of proofs shall be submitted to the regional court in charge in the permanent residence of the
claimant or the location of the real estate concer ned (Article 166 of the Code of Civil Procedure).
The securing of claims aims at  protection of infringed rights during the suit is pendant, as well
as it is possible to be applied for a future claim.
The procedure for securing of claims agains t infringements of IPRs may be initiated on a
request of the interested party (the holder of IPRs),  submitted to the district court before which the law
suit is pending and in case of future claim – to the regional court in charge in the permanent residence of
the claimant or in the location of the real estate which will serve as ensurance (Article 309 of the CodeIP/Q/BGR/1
Page 7
of Civil Procedure).  In this case, the court define s a time-limit for submission of the claim and if it is
not complied with, the ensuring shall be repealed.
The required securing measure and the price of  the claim shall be indicated in the request.
The securing is admitted in case when without it for the claimant it will be impossible or very
difficult to exert his rights after enacting the decision of  the court.  Serious guarantees are provided for a
possible abuse of this opportunity.  The claim sh all be supported by written proofs or a guarantee
defined by the court shall be paid (Article 310 item B of the Code of Civil Procedure).
Aiming at effectiveness and rapidity with respect to the imposition of provisional measures, the
court enacts its decision on the acceptance of the request in camera  in the day of its submission.
The securing of claims is accomplished through imposition of the provisional measures enlisted
in Article 316 of the Code of Civil Procedure (distr aint on real estate property;  distraint on movable
property and receipts of the defendant – the infringer of IPRs;  as well as other appropriate measures,
defined by the Court).  Several types of provisional measures may be admitted, the total amount ofwhich shall be equal to the amount of the claim.
11. Does the Law on Copyright and Related Rights pr ovide for administrative penal provision for
all exclusive rights conferred to authors, perf ormers, producers and broadcasting organizations?
Please explain in detail.  (Article 41 of the TRIPS Agreement).
Article 97 of the law on Copyright and Neig hbouring Rights provides for eight types of
administrative infringements against objects of  copyright and neighbouring rights, as follows:
(a) Reproduction and distribution for commercial purposes of video carriers with
recordings of films or other audio visual works;
(b) Reproduction and distribution for commercial purposes of audio carriers with
recordings of works;
(c) Organizing public showings of films or other audiovisual works;
(d) Offering for commercial purposes of sound or video recording services with the aim
to produce single copies of objects protected by the Law;
(e) Organizing live or recorded public performances or presentations of a work;
(f) Broadcasting, wireless or by cable, of works or radio or television programmes;
(g) Publishing or distribution of already published works;
(h) Distribution or possession of computer programs knowing or having grounds to
suppose that this is illegal.
Article 98.1 of the Law stipulates that the establishment of the administrative infringements is
performed by inspectors at the Ministry of Culture.  The administrative penalties (a fine amounting
2 000 000 BGL for the first infringement and a fine from 1 000 000 to 5 000 000 BGL for second and
subsequent infringements, as well as deprivation on behalf of the State of the subject of the
infringement) are imposed by a penal regulation, issued by the Minister of Culture or by other persons
duly authorized by him.IP/Q/BGR/1
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III. REPLIES TO QUESTIONS POSED BY JAPAN
1. Please explain whether and how the Copyright Law of Bulgaria provides protection for
works, phonograms and performances of other WTO Members, and please describe the provision in
the Copyright Law of Bulgaria  which provides for the national treatment (NT) and
most-favoured-nation treatment (MFN) as required  by TRIPS Article 3, Article 4 and Article 9.1
incorporating Berne Article 5.1.
Articles from 99 to 102 of the Bulgarian La w on Copyright and Neighbouring Rights (in force
since 1 August 1993)  provide for protection of works, phonograms and performances of citizens of
other WTO Member States and comply with the re quirements of Articles 3, 4 and 9.1 of the TRIPS
Agreement.
(1) With respect to copyright (Article 99)
National treatment with respect to c opyright is applied to the following:
- works whose authors are permanent residents of the Republic of Bulgaria regardless
of where the works concerned have been published for the first time;
- works published for the first time in the territory of the Republic of Bulgaria or in a
state,  with which the Republic of Bulgaria has concluded an international copyright
treaty, regardless of the nationality of the authors;
- works published for the first time in the territory of a state with which the Republic of
Bulgaria has not signed an international copyright treaty, in case such works have
been published simultaneously or within 30 days in the territory of the Republic of
Bulgaria, or in the territory of a state, with which the Republic of Bulgaria has signed
a treaty.
The Republic of Bulgaria is a party to the Berne Convention as well as to the Universal
Copyright Convention and accords national treatment to the countries that are parties to those
conventions based on reciprocity.
When the Law on Copyright and Neighbouring Rights is applied to works created by foreign
citizens or published for the first time abroad, the copyright holder, according to Article 99.2, isdefined under the relevant foreign law.
(2) With respect to neighbouring rights
(performing artists (Article 100)):
A national treatment regime is applied to the rights of performing artists over performances
when they are:
- permanent residents of the Republic of Bulgaria regardless of the place of their
performance;
- foreign artists, whose performances are made in the territory of the Republic of
Bulgaria;
- foreign artists, whose performances are made in the territory of a state, which is a
party to the Rome Convention;IP/Q/BGR/1
Page 9
- foreign artists, whose performances are defined as a constituent part of a phonogram
which, according to the Rome Convention, is under protection in the territory of
Bulgaria;
- foreign artists, whose performances are not recorded, but are included in a
programme under protection in Bulgaria, according to the Rome Convention.
(producers of phonograms (Article 101)):
A national treatment regime is applied to the following phonograms:- made by natural persons or legal persons with a seat in the territory of Bulgaria,
regardless of the place where such phonograms have been made;
- made or simultaneously published by foreign persons in the territory of Bulgaria;
- made by persons, citizens of or with a seat in a state with which the Republic of
Bulgaria is a party to the Rome or Geneva Conventions, regardless of the place wherethe phonograms were made;
- published for the first time in a state, with which the Republic of Bulgaria has not
signed an international treaty concerning producers’ rights, but have simultaneously
or within 30 days been published in the territory of a state party to the
Rome Convention.
The International Convention for the Protection of the Performers, Producers of Phonograms
and Broadcasting Organizations (Rome, 1961) was ratified by the Republic of Bulgaria with the
following reservation with regard to the applicati on of Article 12:  the producers of phonograms are
entitled to compensation, in case of wireless broadcasting and public performance, only if they are
citizens of a state, party to the Convention.  The amount and the term of the compensation are thesame as provided for in their native state for the protection of phonograms made for the first time in
Bulgaria.
(radio and TV organizations (Article 101)):
A national treatment regime is applied to the following programmes:- broadcasted by legal persons with a seat in the territory of Bulgaria;- broadcasted by legal persons with a seat in a state party to the Rome Convention,
regardless of the place where the broadcasting was accomplished;
- broadcasted by a transmitter, located in the territory of a state party to the
Rome Convention, regardless of the seat of the broadcasting organizations.
Article 102 of the Law on Copyright and Neighbour ing Rights stipulates that the rights of
foreign performing artists, producers of phonograms and radio and television organizations, other than
those referred to in Article 100.2 and Article 101, shall be protected under the international treatiescovering rights neighbouring to copyright to which the Republic of Bulgaria is a party.
2. Please explain exceptions or exemptions for NT and MFN, if any, in the Copyright Law of
Bulgaria as permitted by Articles 3 and 4 of the TRIPS Agreement.IP/Q/BGR/1
Page 10
As described in the reply to the previous question, the Republic of Bulgaria ratified the
International Convention on Protection of Performers, Producers of Phonograms and Broadcasting
Organizations with reservations with regard to the application of its Article 12. The legal basis for this
reservation is in Article 16.1(a), items 3 and 4.  The producers of phonograms are entitled to
compensation for wireless broadcasting or public performance, only if they are citizens of a stateparty to the Convention.  The amount and the term of  the compensation are the same as provided for
in their native state for the protection of phonograms made for the first time in Bulgaria.
3. Please explain whether and how the Copyright Law of Bulgaria provides protection for
"computer programs", and whether such protection covers computer programs in both source and
object code, as required by Article 10.1 of the TRIPS Agreement.
The Law on Copyright and Neighbouring Rights treats computer programs as copyright
objects and provides for their protection (Article 3.1.1).
The copyright belongs to the person, whose creative work has resulted in the creation of the
computer program.  In case the computer progra m was created under an employment contract and
unless otherwise agreed, the copyright over it shall belong to the employer - Article 14 of the Law on
Copyright and Neighbouring Rights.
Unless otherwise agreed with respect to the use of a computer program, the person who has
lawfully acquired the right to use a computer program may use it, display it on screen, execute it,
transmit it, store it in the memory of his computer, translate it, revise it and effect other changes in it
as long as such actions are necessary for attaining the objective for which the right to use that program
was acquired, as well as for elimination of errors.  Copying of computer programs for personal use is
not permitted by the Law.
Article 71 of the Law explicitly defines the actions that a person, who has lawfully acquired
the right to use a computer program, may conduct without the consent of the author and not paying
additional compensation to him:
- to prepare a back-up copy of the program whenever it is necessary for the respective
use for which the program had been acquired;
- to observe, study and test the action of the program in order to determine the ideas
and principles which may be embodied in any of its elements as long as this is done
in the process of loading the software, its display on a screen, its execution,
transmission or storage in the computer memory and only if that person is entitled to
carry out such actions pursuant to Article 70;
- to translate the programming code from one into another, only if that is absolutely
necessary for achieving compatibility of an existing program with other programs andon the condition that the necessary information on how to do that is not provided and
that such actions are undertaken only in respect to such parts of the program as are
necessary for achieving compatibility.  The information thus obtained shall not be
used either for the creation and distribution of programs with a translated
programming code, or for any other actions that may infringe copyright over thecomputer program.IP/Q/BGR/1
Page 11
4. Please explain whether and how the Copyright Law of Bulgaria provides protection for
"compilations of data", as required by Article 10.2 of the TRIPS Agreement.
The Law on Copyright and Neighbouring Rights, in accordance with Article 10.2 of the
TRIPS Agreement, provides protection for "compilation of data" (Article 3.2.3).
Copyright over databases belongs to the person who has created the database concerned.
However, unless otherwise agreed, copyright over databases developed under an employment contract
shall belong to the employer - Article 14 of the Law on Copyright and Neighbouring Rights.
A law amending the Law on Copyright and Neighbou ring Rights is being drafted with a view
to achieve conformity with EU Directives 93 /98/EEC;  93/83/EEC;  92/100/EEC and 96/9/EEC (on
databases).
5. As Article 9a(1)5 of the Copyright Law of Bulgaria concerning rental rights of published
literary, artistic and scientific works does not explicitly refer to "originals and copies of computerprograms" and "unpublished computer programs", plea se explain whether rental rights of such works
are provided for in the Copyright Law of Bulgaria and please explain whether the Copyright Law
conforms to Article 11 of the TRIPS Agreement in this respect.
The reference made to Article 9a(1)5 concerns the Copyright Law of the Republic of Bulgaria
that was in force up to August 1993.  The present Law on Copyright and Neighbouring Rights hasbeen in force since 1 August 1993.  Under the provisions of the Law on Copyright and Neighbouring
Rights, computer programs are treated as enjoyi ng full rights of copyright - Article 3.1.1.
According to the provisions of the present Law on Copyright and Neighbouring Rights
(Article 18.1), the author is entitled to the exclusiv e right to use the work created by him and to permit
its use by other persons.  In accordance with paragraph 2.4 of the Additional Provisions of the Lawrenting, including computer programs and cinematographic works, is a form of distribution of the
work, that is qualified as a form of use of the work under Article 18.2 .
Under the provisions of Article 18.4 of the Law, the first sale or other transaction performed
by the right holder or with his consent, through whic h the ownership of the original of the work or a
copy thereof is transferred, shall terminate the right to distribute that work or copy, with the exception
of the right to permit their further renting.  The author shall reserve for himself the right to permit
renting the originals or copies of the work (including computer programs and cinematographic
works), notwithstanding to the transfer of the ownership.
The Law on Copyright and Neighbouring Rights, in accordance with the provision of
Article 11 of the TRIPS Agreement, guarantees th e authors of cinematographic works the rights to
permit or not to permit renting their works.
6. As Article 9a(1)1 of the Copyright Law of Bulgaria provides for rental rights only in respect
of videocassettes or other video carriers, please explain whether and how the Copyright Law of
Bulgaria provides for rental rights of originals of cinematographic works which are not made into
videocassettes or other video carriers.  Please explain also whether the Copyright Law conforms to
Article 11 of the TRIPS Agreement in this respect.
Please see the reply to question 5 above.IP/Q/BGR/1
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7. Since Article 14.4 of the TRIPS Agreement provides for rental rights for "any other right
holders in phonograms as determined in a Member’s  law" in addition to "producers of phonograms",
please specify such "any other right holders", if any, in the Copyright Law of Bulgaria.
Article 72 of the Law on Copyright and Neig hbouring Rights stipulates that holders of
neighbouring rights are the producers of phonograms over their recordings, the performing artists overtheir performances and radio and television organizations over their programmes.
The economic rights of the above mentioned holders of neighbouring rights may be exercised
by duly empowered organizations conducting the collective management of rights (Article 73 of the
Law on Copyright and Neighbouring Rights).
IV. REPLIES TO QUESTIONS POSED BY THE UNITED STATES
1. Please explain how national trea tment, as required by TRIPS Ar ticle 3 (generally, with respect
to all copyrights and neighbouring rights) and Article 9.1 (incorporating Berne Article 5(1)), is afforded
with respect to the distribution of blank tape l evies under Article 26 of th e Bulgarian Law on Copyright
and Neighbouring Rights.
Article 26 of the Law on Copyright and Neighbouring Rights is in compliance with TRIPS
Articles 3 and 9.1 (incorporating Article  5(1) of the Berne Convention).
According to Article 26.1 of the Law on Copyright and Neighbouring Rights, the authors of
works recorded on sound or video carriers, the perfo rmers whose performances have been recorded and
the producers of such recordings are entitled to comp ensation whenever their recordings are recorded for
personal use.  The compensation to be paid by the persons who manufacture or import blank audio or
video carriers amounts to five per cent of the manufactur er's price, respectively – of the customs dutiable
value of imported carriers.
The compensation payments are made to a society for collective management of copyrights (as
such the Minister of Culture of the Republic of  Bulgaria has designated by an Ordinance the
"Musicauthor" Society), which distributes them among the organizations representing individual
categories of copyright proprietors.  These collectiv e societies distribute the compensation sums among
their members, as regards the royalties for the fore ign authors – they pay the respective compensation
sum to foreign society on the grounds of contracts for mutual representation.
2. Does Bulgaria apply the "rule of the shorte r term" to phonograms and perf ormances from other
WTO Members?  If so, please explain how you justify such action under TRIPS Article 4.
According to Article 102 of the Law on Copyright and Neighbouring Rights, the rights of
foreign performing artists and producers of phonograms for which a national treatment is not applied,
shall be protected under the treaties relating to rights neighbouring to copyright to which the Republic ofBulgaria is a party:  the International Conven tion for the Protection of Performers, Producers of
Phonograms and Broadcasting Organizations (the Rome Convention 1961) and the Convention for the
Protection of Producers of Phonogra ms against Unauthorized Repr oduction of their Phonograms (the
Geneva Convention 1971).
3. Please explain whether and how Bulgaria protects against both the direct and indirect
reproduction of phonograms as required by TRIPS Arti cle 14.2, including by digital transmission in the
context of subscription or interactive services.
As required by Article 14.2 of the TRIPS Agreem ent, Article 86 of the Law on Copyright and
Neighbouring Rights provides for the exclusive right of the producer to grant a permission for:IP/Q/BGR/1
Page 13
(a) the reproduction and distribution of phonograms;
(b) the import and export of phonogram copies;
(c) public performance and broadcasting by wireless, cable or other technical means.
According to Article 76.1 of the Law on Copyright or Neighbouring Rights and in compliance
with Article 14.1 of the TRIPS Agreement, performing artists have the exclusive right to permit for
compensation:
(a) the broadcasting of own performance by wireless, cable or other technical means, as
well as a sound or video recording of the performance, the reproduction of the
recording on audio or video carriers and their distribution;
(b) public performance, broadcasting by wireless, cable or other technical means of such
recordings.
Holders of the above-mentioned rights can seek protection against the infringement of those
rights under the Civil Code procedure and in parallel, when the prerequisites required by the law are
available – under the Administrative and/or Criminal Code procedure.
4. Please confirm that S ection 6 of the Additional Provisions to the Copyright Law provides full
retroactive protection to works, phonograms and perfor mances from other WTO Members, as required
by TRIPS Articles 9.1, 14.6 and 70.2, each of which incorporate by reference or rely upon Berne
Article 18.  Please give the date back to which such protection extends with respect to each category of
subject-matter.
Paragraph 6.1 of the Transitional and Final Provisions of the Law on Copyright and
Neighbouring Rights provides that this Law also applies to works, performances, phonograms, video
recordings, radio and television programmes made or pe rformed prior to the entry into force of this Law
unless the respective protection periods have expired.
As a general rule, copyright protection lasts for 50 years counted as of the beginning of the year
following the year of author's death (Article 27.1 of the Law on Copyright and Neighbouring Rights)
and provides for variations of the starting point  for copyright protection for an exhaustive list of
hypotheses:
- collections, etc. works under Article 30 of the Law on Copyright and
Neighbouring Rights are to be protected as of their publication;
- films or other audio-visual works under Article 29 of the Law on Copyright
and Neighbouring Rights are to be protected as of being made available to the
public;
- works having two or more authors und er Article 27.2 of the Law on Copyright
and Neighbouring Rights – the term specified in Article 27.1 of the Law on
Copyright and Neighbouring Rights commences as from the death of the last
surviving author;
- anonymous or pseudonymous works under Article 28 of the Law on
Copyright and Neighbouring Rights are to protected as of first being madeavailable to the public.IP/Q/BGR/1
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In respect of related rights, the protection term is also 50 years.  It commences as follows:
- under Article 82 of the Law on Copyright and Neighbouring Rights –
performing artists – as of the beginning of the year following the year in
which the performance recording has been published, respectively, as of thebeginning of the year following the year in which the first performance was
held;
- under Article 89 of the Law on Copyright and Neighbouring Rights –
producers of recordings – as of the beginning of the year following the year in
which the phonogram has been published and if it was not published – as of
the beginning of the year following the year of its recording.
- under Article 92 of the law on Copyright and Neighbouring Rights –
broadcasting organizations – as of the beginning of the year following the
year in which the first broadcasting has taken place.
In accordance with Articles 14.2 and 14.5 of the TRIPS Agreement in relation to Article 70.2
of the TRIPS Agreement and Article 18 of the Berne Convention, the Republic of Bulgaria provides
protection for works, performances and phonograms of authors from other WTO Members for 50 year
term preceding the date of Bulgaria's accession to WTO.
A drafting is underway for amending the La w on Copyright and Neighbouring Rights.  It
aims to provide for a 70 year term of copyright protection;  for film products the protection will
commence as of the beginning of the year following the year of the death of the last survived amongthe director, screenplay writer, cameraman, dialogue-writer and music-writer (if the latter has created
the music especially for the film product concerned).  Rights related to copyright will be introduced
for film producers.
5. Please explain how Bulgaria complies with Article 14.4 of TRIPS regarding rental rights for
producers of phonograms.
Phonogram producers' rental rights  are stipulated in Article 86.1.1 in relation to paragraph 2.4 of
the Transitional and Final Provisions of the Law on Copyright and Neighbouring Rights in compliance
with Article 14.4 of the TRIPS Agreement.
In particular, Article 86.1.1 and Article 86.2 of  the law on Copyright and Neighbouring Rights
provide for the producers the right to permit dist ribution of their phonograms.  At the same time
paragraph 2.4 of the Transitional and Final Provisions  defines renting as a form of distribution of a
work.
The Law on Copyright and Neighbouring Rights in compliance with TRIPS Article 14.4
provides for rental rights protection for producers of phonograms.
6. Article 25 of the Bulgarian Copyright Law provides an exemption for the reproduction for
personal use of published works other than computer software or architectural designs.  Please explain
how this provision complies with TRIPS Article 13 and Berne Article 9(2).
The permission under Article 25 of the Law on Copyright and Neighbouring Rights is in
compliance with Article 13 of the TRIPS Agre ement and Article 9.2 of the Berne Convention.
Article 25 envisages hypotheses of free copyin g of already published works only for personal
use.  This is a special case which does not conflict with the normal exploitation of the work and does notIP/Q/BGR/1
Page 15
unreasonable prejudice the legitimate interests of the right holders as required by Article 13 of the
TRIPS Agreement and Article 9.2 of the Berne Convention.
Article 26 of the Law on Copyright and Neighbourin g Rights specifies the cases in which the
authors of already recorded works, the perform ing artists and phonogram producers have the right to
compensation payments whenever their recordin gs are re-recorded (copied) for personal use.
7. Article 23.7 of the Bulgarian Copyright Law provides an exem ption for reproduction by copier
for educational purposes.  Please explain how this provision complies with TRIPS Article 13 and Berne
Article 9(2).
The exemption provided for in Article 23.7 of  the Law on Copyright and Neighbouring Rights
is in compliance with Article 13 of the TRIPS Ag reement and Article 9.2 of the Berne Convention.  It
applies to reproduction by copier, or other similar m eans of parts of published works or of small works,
as well as the recordings of parts and other audio-vi sual works on audio or vide o carriers by educational
institutions and their use for educational purposes .  Article 10.2 of the Berne Convention contains a
similar provision.
As pointed out in the reply to question 6 above,  this special case does not conflict with the
normal exploitation of the work and does not unreasonabl y prejudice the legitimate interests of the right
holder, as required by Article 13 of the TRIPS Agreement and Article 9.2 of the Berne Convention.
8. Articles 21 and 22 of the Bulgar ian Copyright Law provide t hat in certain circumstances
broadcasts may be retransmitted by cable and satellite without compensation to the copyright owner.
Please explain how this compli es with Berne Article 11bis(2), as incorporated into TRIPS by
Article 9.1.
The provisions of Articles 21 and 22 of the Law on Copyright and Neighbouring Rights are in
compliance with the provisions of TRIPS Article 9.1 (incorporating Article 11 bis(2) of the Berne
Convention).
In particular, Article 21 of the Law on Copyri ght and Neighbouring Rights provides that the
permission for wireless broadcasting of a work shall include a permission to broadcast the work,
solely under the condition that the transmission is  conducted simultaneously with the broadcasting in
an unchanged form and does not extend beyond the territory for which the broadcasting right has been
granted.  In all other cases the author has the right to equitable remuneration for the right to cable
broadcasting.
On the other hand, Article 22 of the Law on Copyright and Neighbouring Rights provides that
the permission to broadcast a work by wireless means includes the right to transmit the work by signal
to a telecommunications satellite permitting its reception through an intermediary organization
different from the transmitting authority.  This is only subject to the author's authorization of the
receiving organization to broadcast the work by wireless means, to transmit it by cable or another
technical means, or to present it to the public by any other means.  The receiving organization has topay remuneration to the author for broadcasting of the work via a signal to the telecommunication
satellite.
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