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.

Copyright formalities

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?

Not applicable.

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.