Copyright Questionnaire 2017

21 How do you apply for a copyright registration?

The registration of architectural works is made by collective management organisations.

22 What are the fees to apply for a copyright registration?

The fees are determined by  the respective collective management organization.

23 What are the consequences for failure to register a copyrighted work?

It appears  that in the absence of registration of an architectural work, no copyright should arise.

Ownership and transfer

24 Who is the owner of a copyrighted work?

Under Bulgarian copyright, the ‘owner’ is considered as the person who has the right in rem over the material carrier. Rights in rem are not rel- evant for copyright. Rights in rem and copyright do not interfere except in certain cases expressly provided for by law (eg, the exhaustion of the right of distribution, transfer of ownership over works of fine art and works created in a process analogous to photography, etc).

The relevant figures for copyright  purposes  are  the author and other copyright holders.

By law, the author is always the natural person as a result of whose creative endeavours the work is created. The author is always a natural person (ie, they may never be a legal entity).

As a general  rule, the author  is by law the only one who may originally hold the entire copyright (the complete set of economic and moral rights). As an exception to that rule, the entire copyright may originally be held by holders of copyright (including legal entities) other than the author  only in cases expressly provided by law (eg, the employer for computer programs and  the (natural or legal) person responsible for the creation and publication of a periodical).

25 May an employer own a copyrighted work made by an employee?

The copyright  in a work created in the context of employment vests with the author  unless otherwise provided for by law (eg, computer programs). However,  by law, the employer has the exclusive right to use the work for its own purposes  without the author’s permission and without compensation (unless otherwise agreed  in the employment agreement). The employer is entitled to exercise this right to the extent it corresponds to its usual activity.

The employment agreement must be in writing.