Copyright Questionnaire 2017



Agency

5    Is there a centralised copyright agency? What does this agency do?

No, there  is no such agency. The Ministry of Culture  has certain com- petencies in respect of collective   management, exercise of rights of deceased authors with  no successors, administrative-penal mea- sures, etc.

Subject matter and scope of copyright

6    What types of works are copyrightable?

An object of protection by copyright  is any work of literature, art and science which is the result of a creative endeavour and is expressed in any way or in any objective form.

The CNRA suggests a non-exhaustive list of copyrightable works:

  • literary works, including works of scientific  and technical literature, of publicity and computer software;
  • musical works;
  • stage works: dramatic or dramatico-musical works, mime, choreographic, etc;
  • films and other audiovisual works;
  • works of fine art, including works of applied art, design  and folk art crafts;
  • realised works of architecture and implemented spatial plans;
  • photographic works and works created in  a  process analogous to photography;
  • approved architectural projects, approved spatial planning projects,  maps, schemes, plans  and  others related to architecture, urban planning, geography, topography, museum research and any other area of science and technology;
  • graphic design of publications;
  • cadastral maps and state topographical maps.
  • translations  and adaptations   of existing works and works of folklore;
  •  arrangements of musical works and works of folklore;
  • periodicals, encyclopedia, collections, anthologies, bibliographies, databases and suchlike which include  two or more works or materials.

Objects of copyright protection may also be parts of works referred above, preparatory sketches, plans, etc.

7   What types of rights are covered by copyright?

It should be noted that the more appropriate legal term under Bulgarian law is ‘author’s right’. For consistency, however,  here we shall use the term ‘copyright’.

Copyright comprises economic and  moral rights  The author has essentially one economic right: the exclusive right to use the work and respectively to authorise its use by third parties  unless otherwise pro- vided for by law. The author has also the right to compensation for each type of use of the work and for each time of use of the same type of use. According to the case law of the Bulgarian Supreme Court of Cassation, the compensation is payable even if it has not been agreed  upon. This implies that the right to compensation is of imperative nature and may not be avoided  by contract (ie, a clause saying that the author waives their (agrees to no) compensation should be void).

Moral rights are expressly listed in the law. The most important of them  are the author’s right to be recognised as the author of the work and  the right to require  their  name, pseudonym or other identifying sign to be indicated in the respective manner upon each use of the work. Those rights are inalienable from the personality of the author and any contractual clause to the contrary shall be void.