Copyright Questionnaire 2017
12 Are performance rights covered by copyright? How?
Performance rights are not covered by copyright. They are protected as one of the categories of neighbouring rights. Under Bulgarian law, the official legal term is ‘rights of artists-performers’ whereby the legal definition is natural persons who perform works (ie, anyone who presents, plays (music; a role; a variety, puppet, illusionistic show), dances, recites, conducts, comments, etc).
13 Are other ‘neighbouring rights’ recognised? How?
Neighbouring rights under Bulgarian law are expressly listed. They cover the following categories: (i) rights of artists-performers regarding their performances; (ii) producers of phonograms regarding their phonograms; (iii) producers of the initial recording of a film or another audio-visual work regarding the original and copies obtained as a result of such recording.
14 Are moral rights recognised?
Yes, they are recognised both in respect of copyright and neighbouring rights. Their scope, however, is different for copyright and neighbouring rights, on the one hand, and for each category of neighbouring rights on the other hand.
15 Is there a requirement of copyright notice?
Copyright notice is just a legal possibility rather than a legal requirement or obligation.
16 What are the consequences for failure to display a copyright notice?
The copyright arises, exists and is subject to proof irrespective of any copyright notice. The use of copyright notice or information is, how- ever, not entirely without any legal consequences.
Generally, the copyright holder or the person who is granted the exclusive right to exploit the work is entitled to use the © mark before their own name or the name of the work or the date the work is made available to the public.
In addition, there is a rebuttable presumption that the author is the person whose name or other identifying sign is indicated in the customary manner on the original, copies or duplicates of the work or its packaging.
A pseudonym or anonym may also be used. If they do not disclose the author’s identity the copyright is exercised by the natural or legal person who or which has for the first time communicated the work to the public with the author’s consent.
17 Is there a requirement of copyright deposit?
No, there is no such requirement.
18 What are the consequences for failure to make a copyright deposit?
19 Is there a system for copyright registration?
No, generally there is no such system. As an exception, there is a highly controversial reference contained in the legal definition of architectural works that implies the need for registration in the absence of which no copyright should arise (see question 11).
20 Is copyright registration mandatory?
No, generally it is not mandatory. As an exception, it appears that registration is mandatory for architectural works only.