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How to protect copyright in Bulgaria?

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How to protect copyright in Bulgaria? Copyright attorney in Bulgaria - Mr.Atanas Kostov.

 

 

An author is any natural person who, as a result of his creative activity, creates a work in the field of literature, science or technology. 

The author is presumed to be the person whose name or other identifying sign appears on the work.  In some cases, the author is a legal person - for example, in the case of computer programs created within the framework of an employment relationship (according to Article 14 of the Bulgarian Copyright and Related Rights Act).

 

What works are covered by copyright in Bulgaria?

 

 In principle, copyright applies to all works that are

 

- Resulting from a creative activity (i.e. not mechanically copied);

- works of literature, art and science;

- that are objectified in any way (published, exhibited, sung, performed, etc.)

 

 

Despite this general description, Article 3 of the Bulgarian Copyright and Neighbouring Rights Act specifically lists all works that are subject to copyright. These are:

 

1. literary works, including works of scientific and technical literature, works of journalism and computer programs;

2musical works;

3stage works - dramatic, musical-dramatic, pantomime, choreographic, etc;

4films and other audiovisual works;

5works of art, including works of applied art, design and folk crafts;

6works of architecture and planning;

7photographic works and works created in a manner analogous to photography;

8approved architectural projects, approved land-use projects, maps, diagrams, plans and other documents relating to architecture, land-use planning, geography, topography, museums and any scientific and technical field;

9the graphic design of a printed publication;

10cadastral plans and topographic maps of the State;

11translations and adaptations of existing works and folklore;

12arrangements of musical and folkloric works;

13periodicals, encyclopaedias, collections, anthologies, bibliographies, databases and others, which include two or more works or materials.

 

The law also explicitly states which works do not give rise to copyright, namely:

 

- statutory and individual acts of state bodies, court acts and their official translations

- ideas and concepts;

- works of folklore;

- news, facts, information and data.

 

What is copyright and what are the author's rights under Bulgarian law?

 

With the creation and communication of a work, the author of the work obtains legal protection of his copyright. 

What does this mean? 

It means that the work you create can only be used by you, that you alone can dispose of it and that you can forbid any third party to use it without your permission. And that when a third party uses your work, they owe you a fee for each use. 

This last point is one of the main advantages of copyright, namely the possibility of renting the use of your work to third parties in return for remuneration through a copyright licence agreement.

 

Legal protection. If someone infringes your copyright by using your work without your permission, this is an intellectual property violation

However, you can hold the infringer legally liable by ordering him/her to stop using your work (Article 95b paragraph 1 indent 2 of the Bulgarian Copyright and Neighbouring Rights Act), to stop the damage, and to pay you compensation (Article 95 of the Bulgarian Copyright and Neighbouring Rights Act). 

The author may also ask the court to establish the infringement (Art. 95b para. 1 indent 1 of the Bulgarian Copyright and Neighbouring Rights Act) and to seize any copies of illegal reproductions of the work (Art. 95b para. 1 indent 3 of the Bulgarian Copyright and Neighbouring Rights Act) or the recording and decoding devices used to commit the infringement (Art. 95b para. 1 indent 4 of the Bulgarian Copyright and Neighbouring Rights Act). 

 

The various actions described in the Bulgarian Copyright and Neighbouring Rights Act provide the author with an adequate means of defending his or her work and intellectual work before the courts. 

The competent courts in copyright matters are the territorial courts of first instance.

 

Administrative and criminal appeals. Copyright infringers are subject to administrative and criminal liability (see Articles 96e and 97 of the Bulgarian Copyright and Neighbouring Rights Act) as well as criminal liability. 

The former is administered and enforced by the Ministry of Culture, while for the latter, a complaint under Article 172a of the Bulgarian Criminal Code may be filed with the territorially competent prosecutor's office.

 

Copyright registration regime. In the European legal doctrine, there is no registration regime for copyrights and copyrighted works, as these rights come into existence on the date of their public objectification under the law. 

However, in recent years it has become common practice to register copyrighted works (including those of Bulgarian subjects of law) in the United States. 

This registration regime makes it easier to prove the temporal objectification of your work, with legal protection covering all 165 Berne Convention member states, including Bulgaria and most EU member states. 

Registration is done with the U.S. Copyright Office, by carrying out a specific administrative registration procedure for the copyrighted work in question - with the U.S. Library of Congress. 

In this way, the author is able to register his or her copyright internationally, with protection extending to almost all developed industrial countries that have signed the Berne Convention.

 

 

 

Please ask your copyright question here: This email address is being protected from spambots. You need JavaScript enabled to view it. or directly by calling our English-speaking lawyer Atanas Kostov at +359 888915215

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