ORGANISATION MONDIALE
DU COMMERCEIP/N/1/BGR/C/2
4 septembre 2000
(00-3437)
Conseil des aspects des droits de propriété
intellectuelle qui touchent au commerceOriginal:  anglais
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES
À LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES
AU TITRE DE L'ARTICLE 63:2 DE L'ACCORD
BULGARIE
Par des communications de sa Mission permanente, datées du 5 mai et du 24 juillet 2000, la
Bulgarie a fait parvenir au Secrétariat la notification ci-après:
_______________
Conformément à l'article 63:2 de l'Accord sur les aspects des droits de propriété intellectuelle
qui touchent au commerce (ADPIC) et aux pro cédures convenues par le Conseil des ADPIC en
novembre 1995, la République de Bulgarie notifie au Conseil, par la présente, qu'une nouvelle loi a
été adoptée par l'Assemblée nationale en matière de protection du droit d'auteur et des droits voisins.
La Loi complétant et modifiant la Loi sur le droit d'auteur et les droits voisins, publiée au Journal
officiel n° 28 du 4 avril 2000, est entrée en vigueur le 6 mai 2000.
Le texte1 de la Loi de 1993 sur le droit d'auteur et les droits voisins (voir le document
IP/N/1/BGR/C/1), y compris les modifications publiées au Journal officiel n° 63 de 1994 (voir le
document IP/N/1/BGR /C/1/Add.1), n° 10 de 1998 et n° 28 de 2000, est reproduit ci-après.
                                                     
1 En anglais seulement.  Les délégations intéressées peuvent consulter le texte, dans sa langue d'origine,
au Secrétariat de l'OMC.IP/N/1/BGR/C/2
Page 2
REPUBLIC OF BULGARIA
COPYRIGHT AND NEIGHBOURING RIGHTS ACT
Promulgated State Gazette No. 56/2.06.1993
Amended SG Nos. 63/1994; 10/1998; 28/2000
Part One
COPYRIGHT
Chapter One
GENERAL PROVISIONS
Subject of the Act
Art. 1. This Act regulates the relationships which are related to the creation and
distribution of literary, artistic and scientific works .
Inception of Copyright
Art. 2. The copyright over literally, artistic and scientific works shall arise for the author
with the creation of the literary, artistic or scientific work.
Chapter Two
OBJECTS OF COPYRIGHT
Protected Objects
Art. 3. (1) Any literary, artistic and scientific work resulting from a creative endeavor
and expressed by any mode and in any objective form shall be the object of copyrightsuch as:
1. literary works, including works of scientific and technical literature, publicism and
computer software;
2. musical works;
3. performing arts works: dramatic or dramatic or musical works, entertainments in
dumb show, choreography etc.;
4. films and other audio-visual material;
5. works of fine art, including works of applied art, design and crafts;
6. architecture works;7. photographic works to which are assimila ted works expressed by a process analogous
to photography;
8. blueprints, maps. sketches, plans and others related to architecture, urban planning,
geography, topography, museum research  and any other area of science and
technology;
9. graphic design of publications;
(2) The following shall also be considered objects of copyright:IP/N/1/BGR/C/2
Page 3
1. translations and adaptations of existing works and folklore;
2. arrangements of musical works and folklore:
3. periodicals, encyclopedias, collected works, anthologies, bibliographies, data bases
and other similar objects that include two or more , works or products.
(3) Parts of works under paragraphs 1 and 2, preliminary drawings, diagrams,
etc., may also be objects of copyright.
Exceptions
Art. 4. The following shall not be considered objects of copyright:
1. normative and individual acts of government bodies and official translations thereof;
2. ideas and concepts;
3. works of folklore;
4. news, facts, information and data.
Chapter Three
COPYRIGHT PROPRIETORS
Authors and Other Copyright Proprietors
Art. 5. An author is a natural person whose creative endeavors have resulted in the
creation of a literary, artistic or scientific work. Other natural or legal persons may becopyright proprietors only in the cases provided for under this Act.
Presumption of Authorship
Art. 6. Until proved otherwise, the person whose name or other identifying mark is
inscribed in the customary manner on the literary, artistic or scientific work, shall be
considered its author.
Authorship of Pseudonymous or Anonymous Works
Art. 7. (1) Literary, artistic or scientific works may 'be made available to the public under
a pseudonym or anonymously.
(2) Until the identity of the author is disclosed his copyright shall be exercised by
the natural or legal person who for the first time made the work available to the public
with the author's consent.
(3) The provision of paragraph 2 shall not apply if the pseudonym leaves no
doubt as to the identity of the author.
Joint Authorship
Art. 8. (1) Copyright over works created by two or more persons shall belong to them
jointly irrespective of whether the said works constitute one indivisible entity or consist
of separate parts each having individual significance.IP/N/1/BGR/C/2
Page 4
(2) The consent of all authors shall be required for every instance of use or
revision of the work. In the event that the authors fail to reach agreement among
themselves the issue shall be resolved by the court.
(3) If authorization has been granted to use a literary, artistic or scientific work in
a given manner, or a court ruling has been rendered to that effect, none of the joint
authors is entitled without reasonable grounds to object to that work's use in the saidmanner .
(4) The compensation due to the authors for the use of their work, shall be
distributed among them in shares by mutual agreement. In the event that no agreementexists, it shall be considered that all the joint authors' shares are equal. In case of
disputes, individual shares shall be determined in court pursuant to the contribution of
each of the authors.
(5) Whenever a work created by joint authors consists of components each
having individual significance, each of the joint authors may permit the individual use of
his own component unless the authors have agreed otherwise and if this does not hinderthe use of the work as a whole.
Copyright over Translations and Adaptations
Art. 9. Copyright over translations and adaptations shall belong to the person that has
made them and shall not prejudice the rights of the original author of the work. This
shall not deprive other persons from the right to make their own translations oradaptations of the same work.
Copyright over Periodicals and Encyclopedias
(Amended SG. No. 28/2000)
Art. 10. Copyright over periodicals and encyclopedias shall belong to the natural or legal
person responsible for the creation and publishing of the publication. Copyright overindividual components included in such publications having the nature of literary, artisticor scientific works, shall belong to their individual authors.
Copyright over Collections, Anthologies, Bibliographies and Data Bases
(Amended SG. No. 28/2000)
Art. 11. (Amended SG. No. 28/2000) (1) Copyright over collections, anthologies,
bibliographies, data bases and other similar materials shall belong to the person who hascollected or arranged the works and/or material contained therein, unless agreed upon
otherwise in a contract. Copyright over the individual parts of which such a work may
consist and which themselves constitute literary, artistic or scientific works, shall belongto their individual authors.
(2) The permission of the authors shall be required, unless provided otherwise by
a law, for the inclusion of works or parts thereof into collections.
Copyright over Works of Fine Art and Architecture
Art. 12. Copyright over works of fine art and architecture shall belong to the person who
has created those works even in such cases when the said works are property of another
person.IP/N/1/BGR/C/2
Page 5
Copyright over Portraits
Art. 13. Copyright over works of fine art or photography constituting a portrait of a
person different from the author shall belong to the author. The author may negotiate
with the person who appears on the portrait the terms of the use of such works.
Copyright over Computer Software and Data Bases Developed under an
Employment Contract
Art. 14. Unless agreed upon otherwise, copyright over computer software and data bases
developed under an employment contract shall belong to the employer.
Chapter Four
CONTENT OF COPYRIGHT
Section I
Non-Economic Rights
Types of Non-Economic Copyright
Art. 15. ( 1) The author shall be entitled to:
1. decide whether the work created by him may be made available to the public and to
determine the time, place and manner in which this may be done, with the exceptions ofthe objects under Article 3, paragraph 1, items 4, 6 and 8, for which such rights shall be
arranged by contract;
2. claim the copyright over such works;
3. decide whether such works shall be ma de available to the public anonymously or
pseudonymously;
4. require there his name, pseudonym or other identifying mark be identified in a
suitable manner whenever his work is used;
5. require that the entirety of his work is preserved and oppose any changes therein as
well as any other actions that may violate his legitimate interests or personal dignity;
6. make alterations in the work in as much as this does not prejudice rights acquired by
other persons;
7. have access to the original of the work when it is in the possession of another person
and whenever such access is necessary for exercising non-economic or economic rights
under this Act;
8. halt the use of the work due to changes in his beliefs, with the exception of already
implemented architectural works, providing compensation for the damages incurred by
persons who have lawfully obtained the right to use the work.
(2) The author of an architectural design shall not be entitled to oppose the wish
of the owner of the already completed structure to destroy the latter, reconstruct it, add
a superstructure or an annex thereto, as long as such actions are undertaken in
conformity with existing regulations.IP/N/1/BGR/C/2
Page 6
Non-Transferability of Non-Economic Rights
Art. 16. Non-economic rights under items 2 and 4 of paragraph 1 of the preceding article
are non-transferable. Transfer of other non-economic rights may only be explicit and inwriting.
Exercising Non-Economic Rights after the Death of the Author
Art. 17. After the death of the author and until the expiration of the term of copyright
protection, the non-economic rights, with the exception of those under Article 15,paragraph 1, items 6 and 8, shall be exercised by the author's heirs.
Section II
Economic Rights
Types of Economic Copyright
Art. 18. (1) The author shall be entitled to the exclusive right to use the work created by
him and to permit its use by other persons except in the cases when this Act provides
otherwise.
(2) Actions such as the ones listed below shall be considered as uses within the
meaning or paragraph 1 :
1. reproduction or the work;2. distribution of the original of the work or copies thereof among an unlimited number
of persons;
3. public presentation or performance of the work;
4. wireless transmission of the work;
5. transmission of the work by cable or other technical means;
6. public display of a work of art or a work created by photographic or similar means;7. translation of the work into another language;
8. (Amended SG. No. 28/2000) revision of the work. Revision  shall be the adapting of
the work and the introduction of any modifications thereto as well as the use of the work
to create a new derivative work;
9. implementation of an architectural design through the building or manufacture of the
object described in it;
10. (New SG. No. 28/2000) transmission by wireless, cable or other technical means of
access to the work or part thereof for an unlimited number of persons in a manner which
permits that access to occur from a place and at a time individually chosen by each of
them.
(3) Use under paragraph 2, items 3 through 8 shall be considered as having
occurred whenever the actions described above have been performed in such a manner
as would enable an unlimited number of people to perceive the work.IP/N/1/BGR/C/2
Page 7
(4) The first sale or other transaction, performed by the copyright proprietor or
with his consent, with which 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 theexception of the right to permit their further leasing. This provision shall not prejudicethe rights under Article 20.
Right to  Compensation for All Types of Use
Art. 19. The author shall be entitled to compensation for all types of use of his work and
for each successive use of the same type.
Rights at Subsequent Sales
Art. 20. (1) For a second and subsequent sales of the original of a work of fine art,
sculpture or engraving through an intermediary or at a public auction, the author shallbe entitled to compensation to the amount of five per cent of the selling price, unless a
higher percentage has been agreed upon.
(2) (Amended SG. No. 28/2000) The intermediary or auction organizer shall inform the
author two months prior to the sale of the work and shall pay him the compensation due
either directly or through an organization conducting collective copyright management,providing him with information about the price at which the work has been sold. Theauthor and the collective copyright management organization shall not disclose this
information, if the new owner has wished so.
Permitted Cable Transmissions
Art. 21. (Amended SG. No. 28/2000) The permission for wireless broadcasting of a work
shall include a permission to the same organization to broadcast the work by cable orother technical means without paying additional compensation, provided that the
transmission is conducted simultaneously with the broadcasting, in an unchanged form
and does not extend beyond the territory for which the right to broadcast has beengranted.
Permitted Transmission by Telecommunications Satellite
Art. 22. (Amended SG. No. 28/2000) (1) The permission to broadcast a work by wireless
means shall include the right of the broadcasting organization to transmit the work by
signal to a satellite and back to Earth in a manner permitting its reception by the publiceither directly and individually or through an intermediary organization different from thetransmitting authority. This shall be permissible provided that it is received through an
intermediary organization only if the author has agreed to grant to the receiving
organization the right to broadcast the work by wireless means, to transmit it by cable oranother technical means, or to present it to the public in another manner. In such
instances no compensation shall be required from the organization which transmits the
signal to the satellite.
(2) (Amended SG. No. 28/2000) When the signal under paragraph 1 is encoded
the permission shall be considered granted only if the decoding device has been provided
by the broadcasting organization or with its consent.IP/N/1/BGR/C/2
Page 8
Chapter Five
FREE USE OF WORKS
Permissible Free Use
Art. 23. No permission from the author and no compensation shall be due in the case of:
1. the use of quotations from works by other persons provided that due indication is
given of the source and name of the author if it is disclosed. Quotations shall be made in
the customary manner and their volume shall be justified by their purpose;
2. (Amended SG. No. 28/2000) the use of parts of published works or of a moderate
number of small works, with the exception or computer programs and data basest in
other works in such a volume as is necessary for the purposes of an analysis,commentary or another kind of scientific research. Such use shall be permissible only forscientific and educational purposes shall include reference to the source and name of the
author, and only when it does not prejudice the normal use of the work and does not
result in unjustified damage to the legitimate interests of the authors;
3. the use as current news in the press and other media of addresses, reports, sermons
and others or parts thereof delivered at public gatherings, as well as speeches deliveredin the course of legal proceedings;
4. reproduction by photographic, cinematographic or similar manner, as well as audio or
video recordings of works related to a current event for the use of such works by themedia in a limited volume for the purpose of providing news coverage;
5. reproduction of works that are on permanent display on streets, squares and other
public places without their being subjected to mechanical contact copying, as well astheir broadcasting by wireless means, by cable or other technical means, if this is done
for the purpose of providing information or for other non-commercial purposes:
6. the public performance of published works in educational institutions if this does not
involve the collection of revenues from such performance and if the participants in the
preparatory work and the actual public performance do not receive compensation;
7. reproduction by copier or other similar means of parts of published works or of small
works, as well as the recording of parts of films and other audio-visual works on audio or
video media by educational Institutions and their use for educational purposes;
8. reproduction of works already made available to the public through Braille script or
similar method if this is done for non-profit purposes;
9. reproduction in small quantities of already published works, with the exception of
computer software and data bases, by using copier , photographic or other means by
public libraries, document centers, research institutions, etc. , if this is done for scientificpurposes or to preserve the works and if the copies are not. circulated outside theframework of the organization which has made them;
10. use of details, fragments and individual components of buildings and architectural
designs by providing reference to the name of the author if such has been disclosed.Such uses shall conform to the customary practice and their volume shall not exceed
that justified by the purpose.IP/N/1/BGR/C/2
Page 9
Permitted Recording for Single Transmission
Art. 24. Radio and television organizations granted by the author the right to broadcast
his work by wireless means shall be entitled to make an audio or video recording for thepurposes of the single broadcast without seeking the consent of the author and without
providing separate compensation to him for such recordings. A subsequent transmission
of such a recording shall be permitted only with the consent of the author and forcompensation as provided by Article 40.
Free Copying for Personal Use
Art. 25. The copying of already published works shall be made without the consent of the
author and without compensation only if it is done for personal use. This shall not be
valid for computer software and architectural designs.
Compensation for Recordings for Personal Use
2
Art. 26. (1) (Amended SG. No. 28/2000) The authors of works recorded on sound or
video media, as well as the performers whose performances have been recorded, the
phonogram producers and the producers of the initial recording of recorded films shall be
entitled to compensation whenever their recordings are recorded for personal use. Suchcompensation shall also be due to the authors and publishers of all types of printedworks when these works have been reproduced reprographically for personal use.
(2) (Amended SG. No. 28/2000) The compensation under paragraph 1, sentence
one. shall be due from the persons who manufacture or import blank audio or video
media and recording machines, while the compensation under paragraph 1, sentence
two, shall be due from the persons who manufacture or import machines designed forreprographic reproduction. The compensation shall amount to five per cent of themanufacturer's price of the media produced in the country, and to two per cent of the
manufacturer's price of the machines produced in the country, or of the customs dutiable
value of imported media and machines.
(3) (Amended SG. No. 28/2000) The compensation payments shall be made to an
organization, established according to the procedure stipulated in Article 40 by
interested organizations representing individual categories of right-holders under thisAct, which shall then distribute the compensations among these organizations. Prior to
any such distribution. twenty per cent of all sums collected shall be set aside and
credited to the account of the “Culture" National Fund.
(4) (Amended SG. No. 28/2000) The distribution of the sums thus collected
among the various categories of right-holders shall be made as follows:
1. of compensations under paragraph 1, sentence 1 :
a). one third for the authors;
b). one third for the performing artists;
c). one third for the producers;
                                                     
2 (1 Amendments to Article 26 specified in § 8 of Act on the Amendments and Supplements  to the
Copyright and Neighbouring Rights Act promulgated in SG No 28/2000 shall become effective as of
January 1, 2001. )IP/N/1/BGR/C/2
Page 10
2. of compensations under paragraph 1, sentence 2:
a) fifty per cent for the authors:
b) fifty per cent for the publishers.
(5) (New SG No.28/2000) The sums collected under paragraph 1 shall be
refunded by the collecting organization:
1. whenever the levied blank audio or video media:
a) have subsequently become an object of an export transaction, without any
recordings on them;
b) have subsequently been fixed with recordings made within the country by a
person who has legitimately acquired the right to make such recordings and has settled
all copyright and neighbouring rights matters related to the recording;
c) have been purchased by radio or TV organizations holding legal licenses and
have been fixed with recordings and kept by these organizations for the needs of theirown broadcasts;
d) have been purchased by film-makers or creators of other types of audio-visual
works and have been fixed with recordings and used by them for their own production oradvertising needs;
2. whenever the levied machines designed for recording or reprographic reproduction
have subsequently become the object of an export transaction, and if this transactionhas been conducted prior to the machines being used in the country .
(6) (New SG No.28/2000) Machines designed for recording under this Article shall
be all the machines designed for the recording of works on sound or video media fromphonograms or video-recordings, or from radio or TV broadcasts, while machines
designed for reprographic reproduction shall be all the machines designed for the
copying of printed materials by photocopying or any other manner producing a similarresult.
(7) (New SG. No.28/2000) The Council of Ministers shall adopt a regulation on
the implementation of this Article.
Chapter Six
DURATION OF COPYRIGHT
General Rule
Art. 27. (1) (Amended SG. No.28/2000) Copyright shall be protected for the life of the
author and seventy years after his death.
(2) For works having two or more authors the term specified in paragraph 1 shall
commence from the death of the last surviving author.IP/N/1/BGR/C/2
Page 11
Pseudonymous or Anonymous Works
Art. 28. (Amended SG. No. 28/2000) Copyright over  anonymous or pseudonymous
works shall be protected for seventy years after the works have been first madeavailable to the public. In the event that within the said term the author’s identity is
disclosed, or if the pseudonym throws no doubt upon the author's personality, the
provisions of the preceding article shall apply.
Computer Programs and Data Bases
Art. 28a. (New SG. No. 28/2000) The copyright over a computer program or a data base
under Article 14 shall be protected for seventy years after making the work available to
the public. If the author's identity has been established within this term, the provisions
of Article 27 shall apply.
Films
Art. 29. (Amended SG. No. 28/2000) The copyright over a film or some other audio-
visual work shall be protected for seventy years after the death of the last survivor
among the director, the author of the screenplay, the director of photography, the
author of the dialogue. or the composer. if the music had been specially made for thefilm.
Collected Works
Art. 30. (1) Copyrights over encyclopaedias periodicals and other works under Article 3,
paragraph 2, item 3 shall be protected for seventy years after their publication.
(2) (New SG. No. 28/2000) With respect to works which are published in
volumes, parts, issues, or episodes, the term under paragraph 1 shall be calculated for
each one individually.
Commencement of Terms
Art. 31. The terms mentioned in the preceding articles of this chapter shall commence as
of January 1 of the year following the year of the author’s death, or, respectively, theyear when the work under Articles 27 through 30 was made, or made available to the
public or published.
Inheriting Copyrights
Art. 32. (1) Upon the death of the author copyrights shall be passed on to his heirs by
last will or by operation of law under the Inheritance Act.
(2) Copyrights may be inherited until the term or their protection expires.
Exercising Rights in the Absence of Heirs
Art. 33. In the event that an author does not have hairs, or any such heirs die prior to
the expiration of the term of protection, copyrights shall be passed on to the state whichshall exercise such rights until they expire through the Ministry of Culture. In the eventthat the deceased author had been member of an organization conducting collective
management of rights under this Act, that organization shall at its own expense exercise
such rights until they expire.IP/N/1/BGR/C/2
Page 12
Use of Works after Copyrights have Expired
Art. 34. After the term of copyright protection has expired literary, artistic and scientific
works may be used freely inasmuch as that does not violate rights under Article 15,items 4 and 5, which are of unlimited duration. The bodies under Article 33 shall monitor
the observance or such rights and may, as an exception, permit changes to be made in
such works.
Protection of Unpublished Works
Art. 34a. (New SG. No. 28/2000) Every person who makes a work available to the public
after the term or copyright protection has expired shall enjoy the rights under Article 18,
if the work had not been published by then. This right shall be protected for twenty-five
years as of January 1 of the year following the year in which the work has been madeavailable to the public.
Chapter Seven
USE OF WORKS
Section I
General Provisions
Author's Consent for the Use of His Work
Art. 35. A literary, artistic of scientific work may be used with the consent of the author
unless otherwise provided for by this Act.
Contracts on Use
Art. 36. (1) By concluding a contract on the use or his work, the author shall grant the
user exclusive or non-exclusive rights to use the said work on specific terms and forcompensation.
(2) Whenever an author grants a user exclusive rights to use a work he himself
may not use it in the manner, for the term and in the territory agreed upon in thecontract, nor shall he grant such rights to third parties.
(3) Whenever an author grants a user non-exclusive rights to use a work, he may
continue using it himself, as well as grant non-exclusive rights for its use to third parties.
(4) The granting of exclusive rights under paragraph 2 shall be explicit and in
writing. Whenever no such provision exists, it shall be considered that non-exclusiverights have been granted.
(5) If no term has been specified in the contract, it shall be assumed that the
right to use a work has been granted for a period of three years, or five years forarchitectural designs.
(6) If the contract does not specify a territory on which a user may use a work,
the country of which the user is a national or the country of his seat, if he is a legalperson, shall be considered as such territory.IP/N/1/BGR/C/2
Page 13
Effect and Duration of Contracts
Art. 37. (1) A contract under which an author has granted use of all works which he may
create for the rest or his life shall be considered null and void.
(2) A contract on the use of a work may not be concluded for a term exceeding
ten years. Whenever such a contract has been concluded with a longer term of validity,it shall remain in force for ten years only. This limitation shall not apply to contracts for
architectural designs.
Amount of Compensation
Art. 38. (1) The compensation of the author may be defined as a portion of the revenues
resulting from the use or his work, as a fixed onetime amount or in other forms.
(2) Whenever the one-time compensation proves obviously incommensurate with the
revenues resulting from the use or his work, the author may claim an increase of the
said compensation. If no agreement can be reached between the parties, the issue shallbe resolved through the courts ex aque et bono.
Avoiding a Contract when the Performance has not Commenced
Art. 39. (1) In the event that a contract granting exclusive rights does not specify a
deadline by which the user should commence the use or the work, the author may avoid
the contract if use of his work has not started within two years of the conclusion of thecontract, or of the date of handing over the work, whenever such date is subsequent to
the one on which the contract was concluded.
(2) Paragraph 1 shall not apply to architectural designs.
Collective Management Organizations
Art. 40. (1) Authors may at their own free will establish organizations for the collective
management of copyrights and grant to such organizations the right to conclude
contracts on the use or their works in one or more ways and to collect moneys due.
(2) A publisher who has been granted by th e author rights other than the right to
publish may transfer the management of these rights to an organization described in the
preceding paragraph.
(3) The organizations carrying out collective management of copyrights may only
be associations or authors and other proprietors of such rights. These organizations shall
not operate for profit and shall distribute all money received from users among theirmembers after making the deductions necessary for their own operation. The
establishment and functioning of such organizations shall be carried out under the
established procedures for non-profit associations.
(4) All organizations under paragraph 1 shall submit to the Ministry of Culture a
copy of the court ruling of incorporation and of any subsequent changes thereof within
one month. The Ministry of Culture shall keep a register of such organizations.
(5) An organization under paragraph 1 shall not refuse membership to any person
who is proprietor of such rights as that organization manages.IP/N/1/BGR/C/2
Page 14
(6) The regulations on the distribution of the compensations collected by the
organizations described in paragraph 1 among the eligible members shall be proposed by
the elected governing body of the organization and adopted by the general meeting of itsmembers.
(7) (Amended SG No. 28/2000) The organizations under paragraph 1 may
represent their own members, the filial organizations abroad with which they haveconcluded mutual representation contracts, and the members thereof, before all juridical
or administrative bodies whenever the rights they manage are to be protected. For the
protection of these rights, the organizations under paragraph 1 may take on their behalfany legal action, including filing claims under Articles 94 and 95, or demand theimposition of safeguard measures under Article 96a, as well as measures under Articles
96b, 96c, and 96d.
(8) (New SG No. 28/2000) In cases where this Act stipulates that the author's
consent shall be granted only through a collective copyright management organization,
the organization managing the respective rights shall also act on behalf of non-member
authors and shall settle its relations with these authors in the manner it does with itsmembers.
Works Created Under an Employment Relationship
Art. 41. (1) Copyright over works created under an employment relationship shall belong
to the author unless provided for otherwise in this Act.
(2) (Amended SG No. 28/2000) The employer shall have the exclusive right,
without permission from the author and without paying compensation to the extent the
contract of employment does not provide otherwise, to use such a work for his ownpurposes. The employer may exercise this right in a  manner and to a degree
corresponding to his custom activity.
(3) Whenever the compensation to the author for the work under paragraph 1
proves incommensurate with the revenues under Article 38, paragraph 2 collected as aresult of the use of the work, the author may demand additional compensation. If no
agreement can be reached between the parties, the issue shall be resolved through the
courts ex aque et bono .
Works Created by Special Order
Art. 42. (1) Copyright over works created by special order shall belong to the authors
unless otherwise provided for in the contract.
(2) Unless agreed upon otherwise, the ordering party may use the work without
the permission of the author for the purposes for which it was ordered.
Section II
Publishing Contract
Definition
Art. 43. With a publishing contract the author grants the publisher the right to reproduce
and distribute his work, and the publisher is obliged to perform these acts and to pay the
compensation due to the author.IP/N/1/BGR/C/2
Page 15
Types
Art. 44. A publishing contract may grant the right to reproduce and distribute a work
which has already been written, or one which the author has undertaken to write.
Expanding the Field of Application
Art. 45. (1) Whenever by means of a publishing contract an author has granted a
publisher the right to use the work for purposes other than publishing as well, the
publisher may grant the use of the work for the said purposes to third parties if this isexplicitly agreed upon.
(2) Whenever rights are transferred under paragraph 1 above, the publisher shall
inform the author in writing.
Form
Art. 46. A publishing contract shall be concluded in writing.
Special Non-Mandatory Rules
Art. 47. Unless provided for otherwise in the publishing contract, it shall be assumed
that:
1. the publisher has been granted rights for one printing only;2. (Amended SG No. 28/2000) the publisher has been granted the right to publish the
work in a circulation not exceeding ten thousand copies;
3. compensation to the amount of fifteen per cent of the retail price of each sold copy of
the work shall be due to the author;
4. the number of copies which the publisher may provide to the author free of charge
may not be less than five for each printing;
5. the publisher shall publish the work in the language in which he has received it;6. the publisher may distribute the work only in the territory of his country of nationality
or the one in which his seat is situated if he is a legal person.
Amendments
Art. 48. Prior to undertaking a second printing, the publisher shall enable the author to
make any amendments and additions deemed necessary to the work.
Returning Originals Offered for Publication
Art. 49. The publisher shall return the originals of works of fine art, original documents,
illustrations and other originals offered for publication unless agreed upon otherwise in
writing.IP/N/1/BGR/C/2
Page 16
Destroyed Copies
Art. 50. In the event that reproduced but not yet offered for sale copies of the work are
fully or partially destroyed, but not through the publisher's fault, the latter may restorethe destroyed copies within one year without providing compensation to the author.
Termination of Contract
Art. 51. Unless agreed upon otherwise, a publishing contract shall be terminated on the
date of its expiration or when the run is sold out, or when the last run is sold out if morethan one printings have been agreed upon.
Cancellation Prior to Expiration of the Contractual Term
Art. 52. (1) Unless agreed upon otherwise, the author may cancel the publishing
contract unilaterally by written notice whenever that contract was concluded for more
than one printing and the run of the last printing was sold out and no subsequent
reproduction and distribution of the work was undertaken by the publisher within oneyear, provided that the author had requested the publisher to do so within the same
term. A print run shall be assumed sold-out whenever the number of unsold copies
amount to no more than five per cent of the total circulation.
(2) In the cases under paragraph 1 above, the author shall not be liable to refund
the compensation already received.
Publishing at the  Expense of the Author
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 conclude an agreement with a publisher to reproduce and
distribute copies of a work by assuming part of the expenses and participating in thedistribution of the revenues.
Contracts on Reproduction and Distribution of Phonograms
Art. 54. (1) (Amended SG No. 28/2000) Unless otherwise provided for in the contract on
reproduction and distribution of the work in the form of phonogram and the author has
not granted the management of these rights to a collective management organization, itshall be considered that:
1. the user shall make the recording within six months of the date when the author
handed over the work in a form permitting its recording, and for reproduction anddistribution, within six months after the recording was made;
2. the user has been granted the right to reproduce the work in a circulation not
exceeding five thousand copies;
3. the author shall be entitled to compensation equal to the respective part of 10 per
cent of the wholesale price of each piece of the sound medium sold, proportional to theduration of his work versus the total duration of the sound medium;
4. the user shall provide to the author five copies of each manufactured version of the
sound media free of charge.IP/N/1/BGR/C/2
Page 17
(2) (Repealed SG No.28/2000 )
(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 therecorded work for public performances, or broadcasting by wireless, cable or other
technical means. The inclusion of such rights shall be agreed upon explicitly by the
parties.
Section III
Contract on Public Presentation or Performance
Definition
Art. 55. With a contract on public presentation the author of a performing arts work shall
grant a user the right to present the work, and the user shall present the work and paycompensation to the author.
Non-Mandatory Rules
Art. 56. Unless provided for otherwise in a contract, it shall be assumed that:
the author may grant the right to public presentation to other users outside the city in
which the user has headquarters;
2. the contract shall remain in force for three years;3: the user shall present the work to the public within one year of  receiving it;
4. (Amended SG No. 28/2000) the author's compensation shall amount to fifteen per
cent of the gross revenues of  each presentation of  the work;
5. the user shall report to the author twice a year on the number of  public performances
and the amount of  revenues raised;
6. the author may cancel the contract whenever the user has halted the public
presentations of  the work for a period longer than one year.
Contracts on the Use through Wireless, Cable or Other Technical Means
Art. 57. The provisions of  items 1, 2, and 3 of  Article 56 shall also apply to contracts on
broadcasting by wireless, cable or other technical means of  performing arts works, as
well as of  musical or literary works that have not been made available to the public.
Unless agreed upon otherwise in the contract it shall be assumed that the author hasgranted the user the right to a single broadcast or the work.
Contract on Public Performance
Art. 58. (1) (Amended SG No. 28/2000) Consent on the public performance, live or
recorded, on broadcasting by wireless, cable or other technical means or musical and
literary works which have already been made available to the public, shall be provided inwriting by the author or by a duly authorized organization carrying out collectivemanagement of  copyrights which shall negotiate, collect and pay the compensations due.
When the consent is given by a collective management organization, the user shall
render to the latter a precise account or the works used and of the authors thereof.IP/N/1/BGR/C/2
Page 18
(2) (New SG No. 28/2000) Consent under paragraph 1 for  the retransmission or
works by cable or other technical means shall be given only by the collective copyright
management organization.
Section IV
Contract on Publishing in a Periodical
Right to Use a Work Written Under Contract
Art. 59. (1) An author who has written an ordered work may not, without the consent of
the publisher, offer  that work or parts thereof to other periodicals, for publishing as an
individual publication, or for  wireless broadcasting prior to its being published by the
publisher.
(2) Unless otherwise agreed upon the restrictions under the preceding paragraph
shall not apply whenever fifteen days, for newspapers, and three months, for magazines,
have elapsed since the turning in of the manuscript and the publisher has failed to
publish or to inform the author within those periods of time that he will publish and topoint out the number of the publication in which that will be done.
Right to Second Use
Art. 60. The author may use a work already published in a periodical after the date of
publication unless agreed upon otherwise in writing.
Return of Materials Offered for Publication
Art. 61. The publishers of periodicals shall return the originals of works of fine art,
original documents and illustrations offered for publication in writing unless it has beenotherwise agreed.
Section V
Making and Using Films and Other Audio-Visual Material
Proprietors of Rights
Art. 62. (1) Copyright over films and other audio-visual works shall belong to the
director, the author of the screenplay and the director of photography.
(2) The authors of the music, dialogue, the already existing literary work upon
which the audio-visual work was made, the costumes, the scenographers, and the
authors of all other materials contained in it shall retain copyrights over their individualworks.
(3) A producer within the meaning of this section shall be the natural or legal
person who shall organize the production of the work and provide its financing.
Contracts on Production and Use
Art. 63. (1) The authors under Article 62 shall conclude with producers written contracts
that, unless otherwise agreed or provided for in this Act, shall be deemed to grant
producers the exclusive right to reproduce, show publicly, broadcast by wireless, cable or
other technical means, reproduce and distribute on video media, authorize translation,dubbing and subtitling of the work within the country and abroad.IP/N/1/BGR/C/2
Page 19
(2) The producer shall pay the authors under the preceding article compensation
for the rights granted. In this case the provisions of Article 41 , paragraph 2 and Article42, paragraph 2 shall not apply.
(3) Whenever any of the authors under Article 62 refuses to complete his part of
the film or other audio-visual work, or rails to do so through no fault of his, he shall notprevent the use of the work already completed by him for the completion of the whole
project. That shall no1 prevent him from retaining copyright over the portion of the work
he has completed with all ensuing consequences.
(4) An audio-visual work shall be considered completed whenever by agreement
between the director and producer a final version has been established.
(5) Any changes in the final version through addition, elimination or change of
elements may only be made with the consent of the persons under paragraph 4.
(6) Should a producer go bankrupt, authors under Article 62 shall be entitled the
right to purchase the starting materials of the work at the highest offered price if he
wishes so in writing within three days of closing of tender.
(7) In the event that the producer decides to destroy the initial materials for the
final version he must before that offer these materials gratuitously to the persons under
Article 62, paragraph 1.
(8) (New SG No.28/2000) Within five years of the date on which the work has
been made available to the public, the producer or the persons who have become
owners of the initial materials for the final version of the work shall lodge these materialswith the National Film Library. This shall apply only to films whose producer is aBulgarian natural or legal person.
Secondary Use
Art. 64. The producer may grant to third parties; as long as they assume the obligations
under Article 65, the right to broadcast the work by wireless, cable or other technical
means, to reproduce it on video media for distribution and public showing. He shallhowever inform the authors under Article 62, paragraph 1 in writing within one month,
unless otherwise provided by this Act.
Compensation
Art. 65. (1) (Amended SG No. 28/2000) The director, the author of the screenplay, the
director of photography and the composer shall be entitled to compensation other thanthe compensation under Article 63, paragraph (2) and for each type of use of the film or
audio-visual work, while the other authors named in Article 62, shall be eligible for such
compensation if that has been specifically agreed upon.
(2) Compensations for different types of use of a work shall be provided by the
respective users and may, upon the authors' request, be received through the producer
or through an organization carrying out collective management of copyrights. In thelatter case, the producer shall include such a provision in the contracts concluded on theuse of the work.
(3) Whenever an already announced work is shown to the public for an admission
fee, the compensation shall be proportional to the revenues of the producer.IP/N/1/BGR/C/2
Page 20
(4) Irrespective of the compensation under paragraph 3, the authors under
paragraph 1 shall be entitled to a percentage of every revenue of the producer.
Reporting to Authors
Art. 66. At the request of the persons under Article 62, the producer shall provide to
them at least once a year a statement on the revenues collected from each type of use
of the work.
Use of Parts of Films
Art. 67. The producer may use parts of the work or individual frames in such volume as
is necessary for advertising the film without seeking the consent of the authors andwithout providing compensation to them. He may use such parts or frames for otherpurposes only with the consent of the authors under Article 62, paragraph 1 and shall
pay them .compensation. Other persons may use parts or frames only with the consent
of the authors under Article 62, paragraph 1 and shall pay them compensation.
Section VI
Use of Works of Fine Art, Architecture and Photography
Assumption of Granted Rights to Public Display
Art. 68. (1) (Amended SG No. 28/2000) The transfer of ownership over 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 publicly display theworks concerned.
(2) (New SG No. 28/2000) The transfer of the right to use an architectural design
shall include, unless agreed upon otherwise in writing, transfer of the right to publiclydisplay the design.
Subsequent Use of Architectural Designs
Art. 69. The written consent of the author shall be required for every subsequent use of
the architectural design of an already completed building or other facility.
Section VII
Use of Computer Software
Non-Mandatory Rules
Art. 70. Unless otherwise agreed it shall be deemed that the person who has legally
acquired the right to use a computer program may use that program, display it onscreen, 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 theelimination of errors,IP/N/1/BGR/C/2
Page 21
Mandatory Rules
Art. 71. The person who has lawfully acquired the right to use a computer program shall
not seek the consent of the author and shall not pay additional compensation in orderto:
1. prepare a back-up copy of the program whenever one is necessary for the respective
use for which the program had been acquired;
2. 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 theprocess 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;
3. (Amended SG No, 28/2000) translate the programming code from one form into
another only if that is absolutely necessary for achieving compatibility of an existing
program with other programs and on the condition that the necessary information onhow 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 for the creation and distribution of programs, differinginsignificantly from the program, with translated programming code nor for any otheractions that may violate copyrights over the software.
Part Two
NEIGHBOURING RIGHTS
Chapter Eight
GENERAL PROVISIONS
Proprietors and Objects of Neighbouring Rights
Art. 72. (Amended SG No. 28/2000) The following persons shall have rights,
neighbouring to the copyright, over their works:
1. performing artists over their performances;
2. producers of phonograms over their recordings;
3. (New SG, No, 28/2000) producers of the initial recording of a film or another audio-
visual work over the original copy, as well as over the copies produced as a result of thisrecording;
4. radio and television organizations over their programs.
Collision with Copyright
(New SG. No. 28/2000)
Art.72.a The neighbouring right may not be exercised in a manner which might result in
infringing upon or restricting copyrights.IP/N/1/BGR/C/2
Page 22
Exercising Neighbouring Rights through Collective Management Organizations
Art. 73. (Amended SG. No. 28/2000) The economic rights of performing artists, of
producers of phonograms, of film producers, and of radio and television organizationsmay be exercised by duly empowered organizations conducting collective management
of rights pursuant to the provisions of Article 40.
Chapter Nine
RIGHTS OF PERFORMING ARTISTS
Proprietors of Rights
Art. 74. (Amended SG. No. 28/2000) A performing artist is a person who presents,
sings, plays, dances, recites, acts, directs, conducts, comments upon, dubs into anotherlanguage, or performs in another manner a work, circus or variety show number, one ina puppet show or a folkloric work.
Non-Economic Rights
Art. 75. (1) The performing artist shall enjoy the following rights:
1. to demand that his name, pseudonym or stage name are referred to or announced in
the customary manner during every live performance or use of a recording of that
performance in any manner whatsoever;
2. to demand the preservation of the entirety and integrity of a recorded performance at
the time of its reproduction or use in any other manner .
(2) The right under item 1 of the preceding paragraph shall be inalienable. Waiving the
requirement under item 2 may only be explicit and in writing.
Economic Rights
Art. 76. (1) A performing artist shall have the exclusive right to permit for
compensation:
1. the broadcasting of a performance of his by wireless, cable or other technical means,
as well as a sound or video recording of the performance, the reproduction of the
recording on audio or video media and Their distribution;
2. public performance, broadcasting by wireless, cable or other technical means of such
recordings.
3. (New SG. No.2812000) offering by wireless, cable or other technical means of access
for an unlimited number of persons to his recorded performance or pan thereof in a
manner permitting the access to occur from any place and at any time individuallychosen by each one of these persons.
(2) Performing artists shall grant the rights under the preceding paragraph by
means of a written contract. Compensation may be negotiated as 3 percentage of therevenues, one-time payment or in another manner.
(3) Unless agreed upon otherwise in the contract between the performing artist
and the producer of sound recordings, the former shall be entitled to permit otherpersons to record and distribute his performances as well. Any agreement limiting theIP/N/1/BGR/C/2
Page 23
performing artist's right to grant such permission shall be valid for a maximum of five
years.
(4) (Repealed SG No.28/2000).
Secondary Use
Art. 77. The amount of compensation of the performing artists and producers of sound
recordings for broadcasting by wireless, cable or other technical means or for public
performance through audio or other equipment for works which have already been madeavailable to the public, shall be determined pursuant to § 5 of the Additional Provisions,and half of the amount shall be paid to the performing artists, and the other half to the
producers.
Participation in Filming
Art. 78. (1) (Amended SG. No. 28/2000) Unless otherwise agreed in the performance
contract, it shall be deemed that the performing artist who has participated in themaking of a film or other audiovisual work has thereby granted the producer of the work
the right to public showing of that recorded work, as well as the right to broadcast it by
wireless, cable or other technical means, and to reproduce and distribute it on videomedia.
(2) A role played by a performing artist in a film or another audiovisual product
may carry the voice of another person only with the consent of the performing artist whohas played the pan.
(3) (New SG. No.2812000) The contracts under paragraph 1 concluded with
artists playing the leading parts provide for an additional compensation as a percentageof every gross income of the producer resulting from the use of the work. Such
compensations shall be paid to the artists, as agreed, either by the producer or by the
respective users. Whenever the compensations are paid by the respective users, theproducer shall make the relevant provisions in the contracts he concludes for using thework. If no compensations have been negotiated, they shall be determined on the basis
of an agreement between the artists' associations, on one hand, and the producers or
their associations, on the other.
(4) (New SG. No. 28/2000) The artists playing the leading parts under paragraph
3 shall be, until proof provided to the contrary, the persons whose names appear in thetitles of the film in a manner which indicates unambiguously that they are believed to beso. Whenever such indications are missing, possible explicit stipulations may be included
in the contract between the producer and the performing-artist; if there are no such
stipulations or the contract has not been presented, the explicit opinion of  the author of
the screenplay shall be taken into account, which shall be presented in writing at any
time.
Permission from Collective Performers
Art. 79. The participants in collective performances, such as choirs, orchestras,
ensembles and other artistic groups, shall empower in writing one person to grant thepermissions under this chapter regarding the use of their performances. The soloists andconductor, as well as the director of the staged performance shall provide permissions
individually.IP/N/1/BGR/C/2
Page 24
Announcing Names with Collective Performances
Art. 80. For collective performances the name of the ensemble or group as a whole shall
be indicated or announced in the customary manner; the names of the soloists,conductor and director of the staged performance shall be announced individually, unless
otherwise agreed with the persons already mentioned.
Performance under an Employment Relationship
Art. 81. The permission under Article 76, paragraph 1 to use a performance done under
an employment relationship shall be granted by the employer unless agreed uponotherwise with the performing artist.
Duration
Art.82. The rights of the performing artists shall remain in force for fifty years. This term
shall commence on January 1 of the year following the year in which the recording of the
performance was published, or whenever the recording has not been published or theperformance has not been recorded, on January 1 of the year following the year in which
the first performance was held.
Protection of Names of Artistic Groups
Art. 83. (1) (Amended SG. No. 28/2000) The names of artistic groups shall be registered
by the Ministry of Culture in a manner established by the Council of Ministers. Chargesfor lodging registration applications, for register inquiry services and for issuing
documents with information recorded in the register shall be collected at rate established
by a tariff adopted by the Council of Ministers.
(2) (New SG. No.28/2000) The names of artistic groups shall be registered in the
Cyrillic alphabet alone. If requested by the applicant, the registration may also contain
the same name in another alphabet.
(3) The name registered under paragraph 1 shall not be used by other groups.
(4) In the event that another group has used the same or a similar name prior to
the registration, it may seek the voiding of that registration.
(5) Disputes over similarities of names, or over which group was the first to use a
name, shall be settled by the courts.
(6) The right to a name under paragraph 1 shall be protected for ten years after
the artistic group has discontinued its operation. This term shall commence from January1 of the year following the one in which operation was discontinued.
Application by Analogy
Art. 84. (Amended SG. No. 28/2000) The provisions of Article 18, paragraph 4, Articles
21, 22, Article 23, items 4, 6, 7, and 8, Articles 24 through 26, Articles 32 through 34,
Article 37 and Article 58 shall be applied regarding the rights of the performing artists.IP/N/1/BGR/C/2
Page 25
Chapter Ten
RIGHTS OF PRODUCERS OF PHONOGRAMS
Proprietors of Rights
Art. 85. The producer of a phonogram shall be the natural or legal person who has
organized the first recording and has provided its financing.
Economic Rights
Art. 86. (1) The producer shall have the exclusive right to grant permission against
compensation for:
1. the reproduction and distribution of the phonogram;
2. the import and export of copies of the phonogram, irrespective of whether they have
been manufactured legally or in violation of the rights under item 1 ;
3. public performance and broadcasting by wireless, cable or other technical means.
4. (New SG. No. 28/2000) offering by wireless, cable or other technical means of access
for an unlimited number of persons to the recording or part thereof in a mannerpermitting the access to occur from any place and at any time individually chosen by
each one of these persons.
(2) The producer may grant under a contract some of his rights under paragraph 1 to
other persons, including the author and the performers of the recorded work.
Non-Economic Rights
Art. 87. (1) The producer may require that his name is featured in the customary
manner on the sound media and their wrappers or boxes  whenever recordings made by
him are reproduced and distributed.
(2) Until proved otherwise, the person whose name, title or other identifying
mark is inscribed on the phonogram in the customary manner shall be considered theproducer of that recording.
Secondary Use
Art. 88. The compensation to producers of phonograms which have already been made
available to the public for broadcasting by wireless. cable or other technical means, or
public broadcasting by sound equipment or by other means, shall be determined andpaid in the manner described in Article 77.
Duration
Art. 89. The rights of producers under this chapter shall be in force for fifty years. This
term shall commence on January 1 of the year following the year in which the
phonogram was published, or if the phonogram is not published, as of the beginning ofthe year following the year when the phonogram was made.IP/N/1/BGR/C/2
Page 26
Application by Analogy
Art. 90. (Amended SG. No. 28/2000) The provisions of Article 18, paragraph 4, Article
21 and 22, Article 23, items 4 and 7, Article 25, Article 26 and Article 58 shall applyregarding the producers of phonograms.
Chapter Ten
(New SG. No. 28/2000)
RIGHTS OF FILM PRODUCERS
Content of the Rights
Art. 90a. (1) The producer of the initial recording of a film or another audio-visual work
shall have, with respect to the original copy of the film and the copies thereof producedas a result of this recording, the exclusive right to grant permission against
compensation for:
1. their duplication;
2. their screening before the public;
3. their broadcasting by wireless;
4. their transmission by cable or other technical means;5. their reproduction;
6. their distribution;
7. their translation, dubbing into another language or sub-titling;
8. offering by wireless, cable or other technical means of access for an unlimited number
of persons to the film or part thereof in a manner permitting the access to occur from
any place and at any time individually chosen by each one of these persons.
(2) The producer shall be entitled to require that the name or the title of the film
be indicated in the usual manner every time the film has been used.
Duration
Art. 90b. The rights of producers under this Chapter shall be protected for fifty years.
This term shall begin as of January 1 of the year, following the year in which the film hasbeen made available to the public; whenever the film has not been made available to the
public, the term shall begin as of January 1 of the year, following the year in which the
film has been made.
Application by Analogy
Art. 90c. The provisions of Article 18, paragraph 4. Articles 21 and 22, Article 23, items
4, 6 and 7. Articles 24 through 26, and Article 58 shall apply to film producers as well.IP/N/1/BGR/C/2
Page 27
Chapter Eleven
RIGHTS OF RADIO AND TELEVISION ORGANIZATIONS
Content of Rights
Art. 91. (Amended SG. No. 28/2000) (1) The radio or television organization which has
first broadcast or transmitted a program shall have the exclusive right to grantpermission against compensation for:
1. rebroadcasting of the program by wireless or re-transmitting it by cable or other
technical means;
2. recording, reproduction and distribution of the recordings of the program;
3. offering by wireless, cable or other technical means of access for an unlimited number
of persons to the program or part thereof in a manner permitting the access to occur
from any place and at any time individual ly chosen by each one of these persons.
(2) The provision of the preceding paragraph shall also apply whenever a
program sent by a radio or television organization via signal to a communications
satellite, is rebroadcast, re-transmitted, recorded, reproduced or distributed by otherpersons.
(3) (New SG No.28/2000) Whenever the radio or television organization under
paragraph 1 or a duly authorized person thereby restrict the number of personsreceiving the program by encoding the signal which contains it, the consent shall be
considered given only if the decoding device has been provided by the broadcasting
organization, or with its consent.
(4) (New SG No.28/2000) At the time of every use of the program under
paragraph 1 the user-organization shall announce in a suitable manner the name of the
organization which has first broadcast or transmitted the program.
Duration
Art. 92. The rights of radio and television organizations under this chapter shall remain
in force for fifty years. This term shall commence as or January 1 of the year following
the year in which the program was broadcast or transmitted for the first time.
Application by Analogy
Art. 93. The provisions of Article 23, items 4 and 7 and Article 25 shall apply to radio and
television organizations.Art. 93a. (Repealed SG. No.28/2000).IP/N/1/BGR/C/2
Page 28
Part Three
PROTECTION OF COPYRIGHT AND NEIGHBOURING RIGHTS
Chapter Twelve
PROTECTION BY CIVIL LAW
Action for Compensation
(Amended SG No. 28/2000)
Art. 94. (1) Whoever violates copyright or a neighbouring right shall owe compensation
for the damages incurred to the proprietor of the right or the person to whom exclusiveuser rights have been granted.
(2) (New SG. No. 28/2000) When the grounds of  the claim have been established
but there is no sufficient information about the amount of the compensation, the personsunder paragraph 1 may demand the following instead of a compensation:
1. the revenues received as a result of the violation, or
2. the value of the  object of violation at retail prices, or
3, an amount ranging from  seventy BGL up thirty five thousand BGL .
Other Actions
Art. 95. (Amended SG. No. 28/2000) Whenever a work or the objects under Article 72
are used in violation of the provisions of this Act. the proprietor of the copyright or the
person to whom the user right has been exclusively granted may bring an action beforethe court for:
1. restraining the illegitimate use;
2. seizing and destroying illegitimately produced copies of the work, including negatives,
master copies. printing forms and others used for the purposes of copying;
3, (Amended SG. No. 28/2000) seizing and putting out of operation the copying,
decoding and reproducing equipment used exclusively for committing violations;
4. receiving the objects under item 2.
Competent Courts
Art. 96. Disputes arising out of the application of this Act shall be settled by the district
courts.
Safeguard Measures
(New SG. No. 28/2000)
Art. 96a. (1) When a copyright or a neighbouring right has been violated or when there
are sufficient grounds to believe that such violation will be committed or some evidencewill be lost, destroyed or concealed, the court upon request by the right-holder or by theperson to whom the exclusive user right has been granted, may without informing the
other party, permit some of the following safeguard measures:IP/N/1/BGR/C/2
Page 29
1. interdiction of the performance of activity which is claimed to constitute or to be going
to constitute an illegal use of a work or an object under Article 72;
2. seizing the copies of the work or the objects under Article 72 which are claimed to
have been illegally reproduced as well as the negatives, master forms, stereotype plates
and others designed for reproduction of the copies;
3. seizing out of use or interdict the use of machines which are claimed to have been
used or will be used to commit violations;
4. sealing the premises in which it is claimed that violations are being committed or will
be committed;
(2) The permission, imposition and revocation of safeguard measures shall be
done according to the procedures stipulated in Al1icles 165 through 170 and 308through 322 of the Code of Civil Procedure. with the exception of Article 317, paragraph
2, sentence one, and unless this Act provides for otherwise.
(3) The safeguard measure "interdiction of performance or the activity" shall be
imposed on the grounds of a law-court notification.
(4) The safeguard measures under paragraph 1, items 2, 3 and 4 shall be
imposed by an executive judge who shall perform the act simultaneously with serving
the notification of permission about the safeguard measure to the defendant. The
property seized, together with a check list, shall be handed over to be kept by theplaintiff who may use it only as an evidentiary material.
(5) The plaintiff or a representative thereof may be present and cooperate when
the safeguard measures are being imposed.
(6) The safeguard measures under paragraph 1, items 2, 3 and 4 shall be
imposed within three days of the day on which the executive judge has received the pleaof the plaintiff. Safeguard measures which have been permitted to prevent an impendingviolation shall be imposed within a term which takes account of their purpose
(7) If it is established that an imposed safeguard measure has been requested
without any ground, the aggrieved party may demand from the person who has
requested the measure to pay for the damages inflicted thereby.
Chapter Twelve
(New SG. No. 28/2000)
BORDER MEASURES
Rationale and Field of Application
Art. 96b. (New SG No. 28/2000) (1) A copyright-holder or proprietor of a neighbouring
right, as well as a person to whom the exclusive user right has been granted may
demand from the customs authorities to impound any goods transported across the state
border of the  Republic or Bulgaria for which there are grounds to believe that they
violate the rights protected by this Act. To Cover impounding expenses. charges shall bedue at a rate established by a tariff adopted by the Council of Ministers.IP/N/1/BGR/C/2
Page 30
(2) When the place of residence or the registered office of the claimant are
outside this country, he shall specify a judicial address within the territory of the
Republic of Bulgaria.
(3) The provisions of this Chapter shall also apply to temporary imports and
exports.
(4) The impounding measure shall not apply to goods transported by passengers
in small quantities for non-commercial purposes to small  parcels sent by parcel post, or
to transit goods.
Impounding Procedure
Art. 96c. (New SG No. 28/2000) (1) Impounding shall be effected on the basis of a claim
in writing lodged by a person under Article 96b, paragraph 1, which claim shall containproof of the rights or the claimant, as well as grounds to believe that these rights have
been violated.
(2) After establishing the presence of the circumstances under Article 96b,
paragraph 1, the customs authorities shall impound the goods and shall determine for
the claimant a guarantee in money or property, which shall cover his probable liability incase the impounding or goods turns out to be groundless.
(3) The customs authorities shall notify without delay the claimant, the consignor
and the consignee about impounding or the goods. The same persons are entitled toinspect the impounded goods and to receive information about them.
(4) If within ten working days or the date or being notified under paragraph 3
about the impounding or goods, the claimant does not present any proof that legalproceedings have been initialed by the relevant court for resolving the dispute in
substance or that a safeguard measure has been permitted, the customs authorities
shall release the impounded goods provided that all requirements for standard import orexport have been satisfied. The release or the guarantee presented shall be performedaccording to the procedure established by Article 322, paragraph 2 or the Code of Civil
Procedure. In case the claimant files a well grounded request, the term may be extended
by another ten working days.
(5) The competent authorities before whom the legal procedure under paragraph
4 has been initiated shall decide upon request by the interested party whether theimpounding measure should be confirmed, modified, or repealed.
(6) Whenever after the request for impounding no procedure under paragraph 4
is initiated or it turns out that the request has been groundless. the aggrieved party shallbe entitled to indemnification.
Customs Authorities Actions ex officio
Art. 96d. (New SG No. 28/2000) (1) The customs authorities may on their own initiative
or upon request by another government agency impound goods about which they have
grounds to believe that they violate the rights protected by this Act.
(2) In such cases the customs authorities shall inform without delay the persons
under Article 96b, paragraph 1, the consignor and the consignee and shall provide them
with the opportunity to inspect the impounded goods. The customs authorities mayIP/N/1/BGR/C/2
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demand from the right-holder or the proprietor of neighbouring rights any information
that may needed for an expertise.
(3) The decision under paragraph 1 may be appealed according to the procedure
established by the Administrative Procedure Act.
(4) If within 10 working days of the day on which the goods have been
impounded no procedure has been initiated by the relevant court for resolving the
dispute in substance or no ruling has been entered by the court on permitting a
safeguard measure, the customs authorities shall release the impounded goods,provided that all requirements for standard Import and export have been satisfied.
(5) The customs authorities shall bear no responsibility for  the actions they have
undertaken in good faith to impound the goods.
Additional Regulation
Art. 96e. (New SG No. 28/2000) (1) The Council of Ministers shall adopt a regulation on
the implementation of this Chapter.
Chapter Thirteen
PENAL ADMINISTRATIVE PROVISIONS
Penalties
Art. 97. (1) Whoever commits the following in violation of  this Act:
1. (Amended SG. No. 28/2000) reproduces and distributes video media with recordings
of films or other audio-visual works;
2. (Amended SG. No. 28/2000) reproduces and distributes audio media with recordings
of works;
3. organizes in any manner whatsoever public showings of  films or other audio-visual
works;
4. (Amended SG. No. 28/2000) offers sound or video recording services to third parties
consisting of the preparation of single copies of works or other objects protected by this
Act;
5. organizes live or recorded public performance or presentation of  a work;
6. broadcasts by wireless, cable or other means works or a radio or television program;7. (Amended SG. No. 28/2000) publishes or distributes already published works;
8. (Amended SG. No. 28/2000) owns a computer program knowing or having grounds to
suppose that this is illegal;
9. (New SG. No. 28/2000) reproduces, distributes or uses in another manner a computer
program;
10. (New SG. No. 28/2000) reproduces or distributes works of applied arts, design and
crafts, photographic works or works which have been made in a manner similar to that
of photography;IP/N/1/BGR/C/2
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11. (New SG. No. 28/2000) uses illegally a work under article 3, paragraph 1, item 8;
12. (New SG. No. 28/2000) hinders the imposition of a safeguard measure under Article
96a;
13. shall be liable to a fine from two hundred thousand to two million BGL, unless the
violation is punishable by a more severe penalty and the object of the violation,
regardless of whose property it may be, shall be seized in favor of the State and shall be
delivered to be destroyed by the bodies of the Ministry of the Interior.
(2) (Amended SG. No.28/2000) A second and subsequent violation under
paragraph 1 committed within one year of the imposition of the previous penalty, shall
be punished by a fine from one million to five million BGL and the object of the violation,regardless of whose property it may be, shall be seized in favor of the state and shall bedelivered to be destroyed by the bodies of the Ministry of the Interior.
(3) In the event of systematic violations the facility where these violations have
been committed, such as a store, studio, establishment, cinema, theatre, company
principal office, etc. shall be closed for three to six months.
(4) Organizations conducting collective management of rights under this Act
which act in violation of Article 40, paragraph 4 shall be fined from two hundred
thousand to two million BGL.
(5) (New SG. No.28/2000) The sanctions under paragraph 1 or 2 shall be
imposed on any person who produces, distributes, advertises or imports, as well as
possesses for commercial purposes a decoding device which may provide access to anencoded signal for persons who are outside the audiences specified by the broadcastingorganization.
(6) (New SG. No.28/2000) The sanctions under paragraph 1 or 2 shall be
imposed on any person who removes, damages, destroys or puts out of order, withoutbeing entitled to do so, any technological means used by right-holders whose rights are
protected by this Act.
(7) (New SG. No.28/2000) The sanctions under paragraph 1 or 2 shall also be
imposed on any person who, without being entitled to do So and being aware or having
the grounds to suppose that this act is going to cause permit, facilitate or conceal theviolation of a right protected by this Act:
1.removes or modifies information presented in an electronic form about the regime of
rights over an object of copyright or a neighbouring right.
2. distributes, including imports for the purposes of distribution, performs publicly,
broadcasts by wireless or transmits by cable or other technical means an object ofcopyright or a neighbouring right, offers access to all unlimited number of persons tosuch an object in a manner permitting the access to occur form a place and at a time
individually chosen by each one of these persons, knowing that the information
presented in an electronic form about the regime of rights over this object has beenremoved or modified without any right to do so.
 (8) Information about the regime of rights under paragraph 7 shall be the
information which makes it possible to identify the object of a copyright or aneighbouring right, the right-holder, as well as the information about the conditions forIP/N/1/BGR/C/2
Page 33
using such an object, including any number or code leading to such information provided
that any of these elements of information is present on the copies of the object or is
shown when the objects is made available to the public.
Establishment of Violations, Issuing of Fine Tickets and Penal Ordinances
(Amended SG. No. 28/2000)
Art. 98. (1) (Amended SG, No. 28/2000) The fine tickets establishing violations under
Article 97 shall be issued by bodies duly empowered by the minister responsible for
culture with the assistance of the bodies of the Ministry of the Interior.
(2) Penal ordinances shall be issued by the minister responsible for culture or by
other persons authorized by him.
(3) The establishment of the existence of violations, the issuing, appeal and
execution of penal ordinances shall be conducted under the Administrative Violations and
Penalties Act.
(4) (Amended SG. No. 28/2000) Fifty per cent of the funds from fines raised
under Article 97 shall be credited to the account of the "Culture" National Fund, while the
rest shall go to the budget of the Ministry of Culture and shall be disbursed on theprotection of copyright and the conditions and procedure for allocation of funds shall bespecified by the Council of Ministers.
Part Four
APPLICABLE LAW
Applicable Law for Literary, Artistic and Architectural Works
Art. 99. (1) This Act shall apply to:
1. works whose authors are citizens of the Republic of Bulgaria or permanent residents
thereof regardless of where the said works have been published for the first time;
2. works whose authors are nationals of a state with which the Republic of Bulgaria is
bound by a copyright treaty, or persons residing permanently in such a countryregardless of where the said works have been published for the first time:
3. works published for the first time or implemented as architectural designs in the
territory of the Republic of Bulgaria or in the territory of a state which has a copyrighttreaty with the Republic of Bulgaria, irrespective of the nationality of the authors;
4. works which have been published for the first time in the territory of a state with
which the Republic of Bulgaria is not bound by a copyright treaty, when such works have
been published simultaneously or within thirty days in the territory of the Republic of
Bulgaria, or in the territory of a state with which the Republic of Bulgaria has such anagreement.
(2) Whenever this Act is applied to works created by nationals or other states or
to works which have been published abroad first, the proprietor or the copyright shall bedetermined under the respective foreign law.IP/N/1/BGR/C/2
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(3) (New SG. No. 28/2000) With respect to works created by citizens or foreign
states, or to works which were first published abroad, the duration of copyright shall be
specified by the relevant foreign law, if it provides for protection terms shorter than theones specified in this Act.
Applicable Law for Performances
Art. 100. (1) This Act shall apply to the performances of performing artists who are
citizens of the Republic of Bulgaria or are permanent residents thereof irrespective or
where such performances have been made.
(2) This Act shall apply to the performances of foreign performing artists in the territory
or the Republic of Bulgaria.
Applicable Law for Recordings, Programs and Films
Art. 101. (Amended SG. No. 28/2000) This Act shall apply to the objects under Article
72, items 2, 3 and 4, made by natural persons who are citizens or the Republic ofBulgaria or are permanent residents thereof, or by legal persons whose seat is in the
territory of the country, irrespective of where such recordings may have been made, as
well as to recordings made or simultaneously published for the first time by foreignpersons on the territory or the Republic of Bulgaria.
Application of Treaties
Art. 102. (Amended SG. No. 28/2000) The rights of foreign performing artists, producers
of phonograms, radio and television organizations and film producers other than those
referred to in Article 100, paragraph 1 and Article 101, shall be protected under thetreaties covering neighbouring to copyright rights to which the Republic of Bulgaria isparty.
ADDITIONAL PROVISIONS
§ 1. (1) The copyright proprietor as well as a person who has been granted the exclusive
right to use a work protected by this Act, may place the Latin letter "C" surrounded by acircle at a suitable place on the copies of the work in front of their names or titles, or the
year of making available to the public.
(2) The producer of a phonogram as well as a person who has been granted the
exclusive right to reproduce a phonogram protected by this Act, may place the Latin
teller "C" surrounded by a circle at a suitable place on the copies of the work in front of
their names or titles, or the year of the first publication.
§ 1a. (New SG. No. 28/2000) (1) It is not permitted to acquire appropriate, or keep for
commercial purposes durable material media containing copyright-protected objectswhich have been reproduced in violation of the law.
(2) The durable material media under paragraph (1) shall be seized in favor of
the state on the basis of an act issued by the relevant penal administrative body, or bythe court. and shall be delivered to be destroyed by the bodies of the Ministry of theInterior.IP/N/1/BGR/C/2
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§ 2. For the purposes of this Act:
1. "making available to the public of a work" means the bringing of the publication with
the consent of its author to the attention of an unlimited number of persons for the firsttime, irrespective of the form or manner in which this may be done;
2. “publishing a work" means the bringing of a work to the attention of an unlimited
number of persons through reproduction and distribution of its copies, including in the
form of audio or video recordings, the number of which shall be adequate depending on
the nature of the work;
3. (Amended SG. No. 28/2000) "reproduction of a work" shall mean duplicating directly
or indirectly the work or part thereof in one more copies, In any manner and in any
form. permanent or temporary, including saving the work in a digital form on anelectronic medium;
4. "distribution of a work" means the sale. exchange, donation, renting or loaning, the
import and export, as well as the offer to sell or rent originals or copies of the work. Therenting or loaning of works of architecture, applied art and crafts shall not be considered
as distribution under this Act;
5. (Amended SG. No. 28/2000) "broadcasting of a work by wireless means" shall mean
its broadcasting on radio and television, or over ground as well as its transmission by
signal to a satellite and back to Earth permitting its reception either directly and
individually by the public, or through an intermediary organization different from thetransmitting authority;
6. (Amended SG. No. 28/2000) "users of a work" shall be natural or legal persons such
as publishers, theatres. concert organizers. radio or television organizations, publiccatering and entertainment establishments. producers of phonograms, film producers,
and others who bring the work to the attention of readers, viewers and listeners directly
or through the services of distributors;
7. "an audio recording" shall mean the fixing on a lasting material medium of a sequence
of sounds in such a manner as would permit their listening, reproduction, re-recording
and broadcasting by wireless, cable or other technical means;
8. "a phonogram" shall be the product of audio recording;
9. "architectural works" shall mean buildings and other equipment and their elements,
durable objects of the synthesis of architecture with other arts, as well as durable
interior decorations which meet the general terms under Article 3, paragraph 1.
10. (Amended SG. No. 28/2000) “a means of decoding” shall stand for any device,
appliance, mechanism or decoding card which has been made or specially adapted to
provide by itself, or in combination with others, access to an encoded signal in the formbefore the encoding has taken place.
11. (New SG. No. 28/2000) “an encoded signal" shall mean any radio or TV signal which
is broadcast, transmitted, re-broadcast or retransmitted through any technical meanswhose characteristics have been deliberately modified to restrict access to the signal fora specified audience alone;
12. (New SG. No. 28/2000) “audio-visual works" shall stand for series of interconnected
images fixed on any type of medium, with either a sound track or not, perceived as aIP/N/1/BGR/C/2
Page 36
mobile picture and used in any manner, which satisfy the general conditions stipulated in
Article 3, paragraph 1.
§ 3. (Amended SG. No. 28/2000) The definitions contained in items 1, 2, 3, 4, and 5 of
the preceding paragraph shall also apply to the objects under Article 72.
§ 4. (1) Each copy of a work of fine art signed personally by its author shall be
considered an original. The number of originals shall be established by the author and
shall be announced in a suitable manner at the first announcement of the work, and
cannot be the subject of subsequent change. Each copy shall carry a consecutivenumber.
(2) The provision or paragraph 1 shall not apply to works of applied art, design
and crafts.
§ 5. (1) The amount of compensation due to the proprietors of copyright and
neighbouring rights on the use of works, performances. phonograms, radio and
television programs shall be negotiated in a contract between the proprietors of therights and the users.
(2) Whenever use is negotiated by an organization conducting collective
management of rights, the amount of compensation shall be set out in a contractbetween that organization and the users or their associations.
TRANSITIONAL AND CONCLUDING PROVISIONS
§ 6. (1) (Amended SG. No. 28/2000) This Act shall also apply to works, performances,
phonograms, radio and television programs made or performed prior to the entry intoforce of this Act unless the respective protection periods have expired.
 (2) Copyright acquired prior to the entry into force of this Act shall remain in
force.
§ 7. The authors of literary texts which have been used without their consent in musical
works pursuant to Article 7 "b" of the Copyright Act of 1951, may not prevent the furtheruse of the musical work together with the text if it has already been made available to
the public together with it.
§ 8. (1) The Copyright Agency is hereby dissolved.
(2) The property of the Copyright Agency shall be transferred to the Ministry of
Culture.
(3) The Council of Ministers shall determine the terms and procedures for the
distribution of the property of the Agency among the  organizations under Article 40 of
this Act.
§ 9. This Act hereby revokes:
1. The  Copyright Act (promulgated, Izvestia, no.92 of 1951, corrected, no.10 of 1952,
amended, no.55 of 1956, amended, State Gazette, no.35 of 1972 and no.30 of 1990).IP/N/1/BGR/C/2
Page 37
2. Art. 270 through 278 of the Obligations and Contracts Act (promulgated State
Gazette, no.275 of 1950, corrected, no.2 of 1951, amended, no.69 of 1951, no.92 of
1952, no.85 of 1963, no.27 of 1973, no.16 of 1977, no.28 of 1988, no.30 of 1990 andno.12 of 1993).
§ 10. This Act shall enter into force on August 1. 1993.
§ 11. The implementation of this Act is assigned to the  Council of Ministers.
This Act was adopted by the 36th National Assembly on June 16, 1993 and was sealed
with the State Seal.
Chairman of the National Assembly: Alexander YordanovIP/N/1/BGR/C/2
Page 38
ACT ON THE AMENDMENTS AND SUPPLEMENTS TO THE
COPYRIGHT AND NEIGHBOURING RIGHTS ACT
Promulgated SG No. .56 1993,Amended SG Nos. 63/994; 10/1998. 28/2000
TRANSITIONAL AND CONCLUDING PROVISIONS
§ 51.(1) This Act shall also apply to the works and objects under Article 72, made or
performed prior to the entry into force of this Act, unless the protection periods
stipulated therein have expired.
(2) The right-holders may not have any claims on their works being used at a
time when the protection period for these works had expired under the then effective
legislation.
§ 52. This Act hereby revokes § 4 of the concluding provision of the Act on the
Amendments and Supplements to the Copyright and Neighboring Rights Act (SG No.
10/1998).
§ 53. Throughout this Act, the words the “Ministry responsible for culture" shall be
replaced by the “Ministry of Culture”.
§ 54. (1) This Act shall enter into force one month after being promulgated in the State
Gazette, with the exception of § 8 which shall become effective as of January 1, 2001.
(2) The Council of Ministers shall enact a Regulation on § 8 within six months
from the date of entry into force of this Act, which shall apply as of January 1, 2001.
This Act was adopted by the 38111 National Assembly on March 22, 2000, and was
sealed with the official seal of the National Assembly.
Chairman of the National Assembly: Yordan Sokolov
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