Copyright Questionnaire 2017
28 May rights be transferred?
Once it arises, the copyright may not be subject of translative succession; that is, copyright may not be subject to purchase-and-sale trans- actions, exchange (barter), donation, contribution in kind, etc.
The only legally provided exception is upon the author’s death when the copyright may be succeeded by the author’s successors (either by will or by law) save for two moral rights which by law may not be exercised by successors (ie, the right to modify the work, provided that this does not infringe rights acquired by other persons; and the right to stop the use of the work due to changes in beliefs).
29 May rights be licensed?
Under Bulgarian law, the legal terms ‘a licence’ and ‘to license’ formally (ie, by law) refer only to industrial property objects (eg, trademarks, patents, industrial designs, etc). It is incorrect to use those terms for copyright (and neighbouring rights). The proper terms regarding copy- right under Bulgarian law are ‘use’ or ‘exploit’.
Having regard to the above, the formal answer is that rights may not be ‘licensed’ in the strict sense of the term. What may be granted is the right of use.
In respect of the grant of the right of use, there are certain imperative limitations that may not be avoided by contract (eg, an agreement whereby the author grants the right of use of all author’s works to be created in future is void; the use may be granted for a maximum of 10 years (except for architectural works where this does not apply), etc).
It is also important to note that those limitations generally apply in cases where the author has created the work at the author’s own initiative and subsequently decides to grant the right of use of the ready- made work to a third party. As opposed to that, the scope of rights conferred by law (ie, not by contract) on employers and hiring parties (see questions 25 and 26) are not subject to time limitation unless otherwise agreed.
30 Are there compulsory licences? What are they?