Part One
COPYRIGHT
Chapter One
GENERAL PROVISIONS
Subject of the Act

Article 1. This Act regulates the relationships which are related to the creation and distribution of literary, artistic and scientific works.
Inception of Copyright
Article 2. The copyright over literary, artistic and scientific works shall arise for the author with the creation of the literary, artistic or scientific work.

Chapter Two
OBJECTS OF COPYRIGHT
Protected Objects

Article 3. (1) Any literary, artistic and scientific work resulting from a creative endeavour and expressed by any mode and in any objective form shall be the object of copyright such as:
1. literary works, including works of scientific and technical literature, publicism and computer software;
2. musical works;
3. performing arts works: dramatic or dramatico-musical works, entertainments in dumb show, choreography, etc.;
4. films and other audio-visual material;
5. works of fine art, including works of applied art, design and crafts;
6. architectural works;
7. photographic works to which are assimilated works expressed by a process analogous to photography;
8. blueprints, maps, sketches, plans and others related to architecture, urban planning, geography, topography, museum research and any other area of science and technology;
9. graphic design of publications;
10. (new, SG No. 29/2006) cadastral maps and state topographic maps.
(2) The following shall also be considered objects of copyright:
1. translations and adaptations of existing works and folklore;
2. arrangements of musical works and folklore;
3. periodicals, encyclopaedias, collected works, anthologies, bibliographies, data bases and other similar objects that include two or more works or products.
(3) Parts of works under paragraphs 1 and 2, preliminary drawings, diagrams, etc., may also be objects of copyright.

Exceptions
Article 4. The following shall not be considered objects of copyright:
1. normative and individual acts of government bodies and official translations thereof;
2. ideas and concepts;
3. works of folklore;
4. news, facts, information and data.

Chapter Three
COPYRIGHT PROPRIETORS
Authors and Other Copyright Proprietors

Article 5. An author is a natural person whose creative endeavors have resulted in the creation of a literary, artistic or scientific work. Other natural or legal persons may be copyright proprietors only in the cases provided for under this Act.
Presumption of Authorship
Article 6. (1) (Previous Article 6, amended and supplemented, SG No. 99/2005) Until proved otherwise, the person whose name or other identifying mark is inscribed in the customary manner on the original of a work, replicas or copies thereof and/or the packaging, shall be considered its author.
(2) (New, SG No. 99/2005) Paragraph (1) shall also apply respectively to holders of copyright in the cases referred to in sentence one of Article 10, sentence one of Article 11 (1) and Article 14.
Authorship of Pseudonymous or Anonymous Works
Article 7. (1) Literary, artistic or scientific works may be made available to the public under a pseudonym or anonymously.
(2) Until the identity of the author is disclosed his copyright shall be exercised by the natural or legal person who for the first time made the work available to the public with the author's consent.
(3) The provision of paragraph 2 shall not apply if the pseudonym leaves no doubt as to the identity of the author.

Joint Authorship
Article 8. (1) Copyright over works created by two or more persons shall belong to them jointly irrespective of whether the said works constitute one indivisible entity or consist of separate parts each having individual significance.
(2) The consent of all authors shall be required for every instance of use or revision of the work. In the event that the authors fail to reach agreement among themselves the issue shall be resolved by the court.
(3) If authorization has been granted to use a literary, artistic or scientific work in a given manner, or a court ruling has been rendered to that effect, none of the joint authors is entitled without reasonable grounds to object to that work's use in the said manner.
(4) The compensation due to the authors for the use of their work, shall be distributed among them in shares by mutual agreement. In the event that no agreement exists, it shall be considered that all the joint authors' shares are equal. In case of disputes, individual shares shall be determined in court pursuant to the contribution of each of the authors.
(5) Whenever a work created by joint authors consists of components each having individual significance, each of the joint authors may permit the individual use of his own component unless the authors have agreed otherwise and if this does not hinder the use of the work as a whole.

Copyright over Translations and Adaptations
Article 9. Copyright over translations and adaptations shall belong to the person that has made them and shall not prejudice the rights of the original author of the work. This shall not deprive other persons from the right to make their own translations or adaptations of the same work.

Copyright over Periodicals and Encyclopaedias
(Title supplemented, SG. No. 28/2000)
Article 10. (Supplemented, SG. No. 28/2000) Copyright over periodicals and encyclopaedias shall belong to the natural or legal person responsible for the creation and publishing of the publication. Copyright over individual components included in such publications having the nature of literary, artistic or scientific works, shall belong to their individual authors.

Copyright over Collections, Anthologies,
Bibliographies and Data Bases
(Title amended, SG. No. 28/2000)
Article 11. (Amended, SG. No. 28/2000) (1) Copyright over collections, anthologies, bibliographies, data bases and other similar materials shall belong to the person who has collected or arranged the works and/or material contained therein, unless agreed upon otherwise in a contract. Copyright over the individual parts of which such a work may consist and which themselves constitute literary, artistic or scientific works, shall belong to their individual authors.
(2) The permission of the authors shall be required, unless provided otherwise by a law, for the inclusion of works or parts thereof into collections.

Copyright over Works of Fine Art and Architecture
Article 12. Copyright over works of fine art and architecture shall belong to the person who has created those works even in such cases when the said works are the property of another person.
Copyright over Portraits
Article 13. Copyright over works of fine art or photography constituting a portrait of a person different from the author shall belong to the author. The author may negotiate with the person who appears on the portrait the terms of the use of such works.
Copyright over Computer Software and Data Bases Developed under an
Employment Contract
Article 14. Unless agreed upon otherwise, copyright over computer software and data bases developed under an employment contract shall belong to the employer.

Chapter Four
CONTENT OF COPYRIGHT
Section I
Non-Economic Rights
Types of Non-Economic Copyright

Article 15. (1) The author shall be entitled to:
1. decide whether the work created by him may be made available to the public and to determine the time, place and manner in which this may be done, with the exceptions of the objects under Article 3, paragraph 1, items 4, 6 and 8, for which such rights shall be arranged by contract;
2. claim the copyright over such works;
3. decide whether such works shall be made available to the public anonymously or pseudonymously;
4. require that his name, pseudonym or other identifying mark be identified in a suitable manner whenever his work is used;
5. require that the entirety of his work is preserved and oppose any changes therein as well as any other actions that may violate his legitimate interests or personal dignity;
6. make alterations in the work inasmuch as this does not prejudice rights acquired by other persons;
7. have access to the original of the work when it is in the possession of another person and whenever such access is necessary for exercising non-economic or economic rights under this Act;
8. halt the use of the work due to changes in his beliefs, with the exception of already implemented architectural works, providing compensation for the damages incurred by persons who have lawfully obtained the right to use the work.
(2) The author of an architectural design shall not be entitled to oppose the wish of the owner of the already completed structure to destroy the latter, reconstruct it, add a superstructure or an annex thereto, as long as such actions are undertaken in conformity with existing regulations.

Non-Transferability of Non-Economic Rights
Article 16. Non-economic rights under items 2 and 4 of paragraph 1 of the preceding article are non-transferable. Transfer of other non-economic rights may only be explicit and in writing.
Exercising Non-Economic Rights after the Death of the Author
Article 17. After the death of the author and until the expiration of the term of copyright protection, the non-economic rights, with the exception of those under Article 15, paragraph 1, items 6 and 8, shall be exercised by the author's heirs.

Section II
Economic Rights
Types of Economic Copyright

Article 18. (1) The author shall be entitled to the exclusive right to use the work created by him and to permit its use by other persons except in the cases when this Act provides otherwise.
(2) Actions such as the ones listed below shall be considered as uses within the meaning of paragraph 1:
1. reproduction of the work;
2. distribution of the original of the work or copies thereof among an unlimited number of persons;
3. public presentation or performance of the work;
4. wireless transmission of the work;
5. (amended, SG No. 99/2005) cable transmission and retransmission of the work;
6. public display of a work of art or a work created by photographic or similar means;
7. translation of the work into another language;
8. (supplemented, SG. No. 28/2000) revision of the work. Revision shall be the adapting of the work and the introduction of any modifications thereto as well as the use of the work to create a new derivative work;
9. implementation of an architectural design through the building or manufacture of the object described in it;
10. (new, SG. No. 28/2000, amended, SG No. 99/2005) transmission by wireless or cable of access to the work or part thereof for an unlimited number of persons in a manner which permits that access to occur from a place and at a time individually chosen by each one of them.
11. (new, SG. No. 77/2002) import or export of production specimens in commercial quantity regardless of whether manufactured legally or in violation of the privilege described in item 1.
(3) Use under paragraph 2, items 3 through 8 shall be considered as having occurred whenever the actions described above have been performed in such a manner as would enable an unlimited number of people to perceive the work.
(4) (Repealed, SG. No. 77/2002).
Termination of Right of Distribution
Article 18a. (New, SG. No. 77/2002) (1) (Amended, SG No. 99/2005 - Effective as from the date of entry into force of the Treaty concerning the Accession of the Republic of Bulgaria to the European Union) The first sale or other transaction on the territory of the European Union member-states by virtue of which ownership of the work or copy thereof by the author of the copyright or with his consent shall result in termination of such distribution on the territory, with the exception of the right to permit further leasing thereof.
(2) (Supplemented, SG No. 99/2005) The provision in Paragraph (1) shall not apply to the privilege referred to in Article 20 and Article 22a (2).
(3) The provision in paragraph 1 shall not apply to the cases of providing originals of the work or copies thereof by digital means in respect of materialized copies of the work which had been made by the recipient with the consent of the holder of the copyright.
Right to Compensation for All Types of Use
Article 19. The author shall be entitled to compensation for all types of use of his work and for each successive use of the same type.
Right to Royalty at Resale of Works of Art
Article 20. (Supplemented, SG No. 28/2000, amended, SG No. 99/2005) (1) Upon resale of an original work of art, when one of the parties to the transaction or the intermediary is an art dealer, including an art gallery or auction house, the author of the work shall be entitled to receive royalty on the sale price.
(2) For the purposes of this Act, `original work of art' means works of graphic or plastic art such as pictures, collages, paintings, drawings, engravings, prints, lithographs, sculptures, tapestries, ceramics, glassware and photographs, provided they are made by the artist himself or are copies considered to be original works of art in pursuance to § 4 of the Supplementary Provisions.
(3) The right referred to in Paragraph (1) shall be inalienable, except in the case of inheritance.
(4) Paragraph (1) shall not apply to resale at a price lower than the equivalent in BGN of EUR 300.
(5) Paragraph (1) shall not apply to acts of resale where the seller has acquired the work directly from the author less than three years before that resale and where the resale price does not exceed the equivalent in BGN of EUR 10,000.
(6) Any waiver of the right referred to in Paragraph (1) shall be invalid.
(7) The right referred to in Paragraph (1) shall continue until the copyright of the work is protected.

Payment of Royalties at Resale of Works of Art
Article 20a. (New, SG No. 99/2005) (1) The royalty provided for in Article 20 (1) shall be set at the following rates:
1. five per cent for the portion of the resale price between the BGN equivalent of EUR 300.01 and EUR 3,000, plus
2. four per cent for the portion of the resale price between the BGN equivalent of EUR 3,000.01 up to EUR 50,000, plus
3. three per cent for the portion of the resale price between the BGN equivalent of from EUR 50,000,01 to EUR 200,000, plus
4. one per cent for the portion of the resale price between the BGN equivalent of from EUR 200,000,01 to EUR 350,000, plus;
5. zero point five per cent for the portion of the resale price the BGN equivalent of from EUR 350,000,01 to EUR 500,000, plus
6. zero point twenty-five per cent for the portion of the resale price exceeding the BGN equivalent of EUR 500,000.
(2) In case prior to the payment of the royalty the seller and/or intermediary pays any tax whatsoever on the occasion of resale, the sum of the tax shall be deducted from the sale price upon application of Paragraph (1).
(3) Royalty shall be calculated for each resold object individually.
(4) The total amount of the royalty for one object may not exceed the BGN equivalent of EUR 12,500.
(5) Royalty shall be owed solidarily by seller and intermediary, if any.
(6) The seller or intermediary, if any, shall be obligated to notify the right holder referred to in Article 20 (1) of the resale within two months thereof and to pay said holder the royalty due within the same period by means of an organisation for collective rights management or directly.
(7) Rightholders and their organisations for collective management of rights may, within a period of three years following resale, require from any dealer in works of art who has participated therein to provide any information they may need to ensure reception of the royalty referred to in Article 20 (1).
(8) For the purposes of this article seller shall mean any natural or legal person in whose name the sale is made.

Permitted Cable Transmissions
Article 21. (1) (Supplemented, SG. No. 28/2000, previous Article 21, supplemented, SG No. 77/2002, amended, SG No. 99/2005) The permission for wireless broadcasting of a work shall include a permission to the same organization to broadcast the work by cable without paying additional compensation, provided that the transmission is conducted simultaneously with the broadcasting, in an unchanged form and does not extend beyond the territory for which the right to broadcast has been granted.
(2) (New SG. No. 77/2002, amended, SG No. 99/2005) Outside of the cases described in paragraph 1, the permission to re-transfer works by means of cable simultaneously with the broadcasting or transfer in full and in an unmodified form by a different organization may be granted only through an organization for collective management of copyrights.
(3) (New, SG No. 99/2005) Where an author has provided the right to cable retransmission of own work to a producer of sound recording or film, or of another audio-visual work, the cable operator who retransmits that work shall owe the author royalty other than any other. Any waiver of such payment on the part of an author shall be invalid. The right to collect said royalty may be extended by the author only to organisations for collective management of the respective category of copyrights.
(4) (New, SG No. 99/2005) The royalties referred to in Paragraph (3) shall be collected only though organisations for collective management of the respective category of copyrights. The amount and manner of payment thereof shall be determined by an agreement between said organisations and the obligated cable operators.
(5) (New, SG No. 99/2005) The provisions of Paragraphs (2), (3) and (4) shall not prevent the conclusion of agreements for permission to retransmit programme services between radio and television organisations effecting the initial broadcasting or transmission of own programme services and retransmitting cable operators. When the rights to retransmit works included in the programme services of radio and television organisations have been duly ceded, the permission given by the organisations shall also include these rights.

Permitted Transmission by Telecommunications Satellite
Article 22. (Amended SG. No. 28/2000) (1) (Amended, SG No. 99/2005) Permission to broadcast a work by wireless means shall also include the right to incorporate it in an uninterrupted communication chain leading to a satellite and from there back to Earth in a manner permitting its reception by the public. Reception of the signal by the public may also permissibly be effected through the intermediation of an organisation other than the broadcasting one, but only in case the author has ceded this intermediary organisation the right to broadcast the work by wireless means, transmit it by cable or perform it publicly in another manner. In these cases, the organisation broadcasting the signal to the satellite shall not owe royalty.
(2) (Amended, SG. No. 28/2000) When the signal under paragraph 1 is encoded, the permission shall be considered granted only if the decoding device has been provided by the broadcasting organization or with its consent.
Right to Royalty upon Rental or Lending
Article 22a. (New, SG No. 99/2005) (1) Where an author of a musical or audio-visual work has extended his right to rent audio- and video carriers containing his work to the producer of the respective sound recording or film, the person that rents such carriers shall owe the author fair remuneration separately from any other. Any refusal of such remuneration may be extended in advance by the author through organisations for collective management of rights or directly.
(2) For lending works or copies of mediums containing said works authors shall be entitled to a remuneration owed by the person lending said works.
(3) The provisions of Paragraph (1) and (2) shall not pertain to the works of architecture, applied arts and artistic folk crafts.
(4) Paragraph (2) shall not apply in the case of lending to state and municipal cultural organisations operating as libraries, school, university and community centre libraries.
(5) The remunerations referred to in Paragraph (2) shall only be collected through organisations for collective management of the respective categories of copyrights. The amount and manner of payment thereof shall be determined by an agreement between said organisations and the persons liable.

Chapter Five
FREE USE OF WORKS
Admissibility of Free Use

Article 23. (Supplemented, SG No. 28/2000, amended, SG. No. 77/2002) The free broadcast of works shall be admissible only in such cases as are described in the law on condition that it does not hamper the normal use of the work and does not harm the legitimate interests of the holder of the copyright.
Free Use Without Payment of Compensation
Article 24. (Amended, SG. No. 77/2002) (1) No permission from the author and no compensation shall be due in the case of:
1. (supplemented, SG No. 99/2005) temporary use of works if it is transitional and incidental by nature, is of no independent economic significance, constitutes an inalienable and important part of the technical process, and is conducted for the sole purpose of allowing:
a) transfer via network through an intermediary; or
b) other allowed use of a work.
2. the use of quotations from already announced works for critical appraisals or reviews by providing due indication of the source and name of the author, unless that is impossible to do; Quotations shall be made in the customary manner and their volume shall be justified by their purpose;
3. the use of parts of published works or of a moderate number of small works in other works in a volume that is required for the purposes of preparing an analysis, commentary, or other scientific research; such use shall be admissible only if it is done for scientific or educational purposes and if reference is made to the source and name of the author, if this is not impossible;
4. the use as current news in the press and other media of addresses, reports, sermons, and others or parts thereof delivered at public gatherings, as well as speeches delivered in the course of legal proceedings, if reference is made to the source and name of the author, if this is not impossible;
5. (amended, SG No. 99/2005) use by the mass media of articles on current economic, political, and religious topics in all cases where such reproduction is not expressly forbidden if reference is made to the source and name of the author, if this is not impossible
6. reproduction by photographic, cinematographic or similar manner, as well as audio or video recordings of works related to a current event for the use of such works by the media in a limited volume for the purpose of providing news coverage if reference is made to the source and name of the author, if this is not impossible;
7. use of works that are on permanent display in streets, squares, and other public places without mechanical contact copying, as well as their broadcast by wireless technology or cable broadcast or by other technical means, if such broadcast is carried out for informational or other non-commercial purpose;
8. the public presentation or performance of published works in educational institutions if this does not involve the collection of revenues from such performance and if the participants in the preparatory work and the actual public performance do not receive compensation;
9. (amended, SG No. 99/2005) reproduction of already published works by generally accessible libraries, research and educational institutions, museums, and archives for educational purposes or to ensure the preservation of the work inasmuch as such action is not undertaken for profit;
10. reproduction of works already made available to the public through Braille script or similar method if this is not done for profit;
11. providing access to natural persons to works that belong to collections of organizations as described in item 9 if this is not done for commercial purposes and not for profit;
12. temporary copying of works by radio and television organizations, to which the author has granted the right to use his work and broadcast it by their own technical means and for the purposes of their own broadcasts within the scope of the permission granted; copies that are of important documentary value may be kept in official archives;
13. use of works for the purposes of national security, in judicial or administrative proceedings, and in parliamentary practice;
14. use of works in religious ceremonies or official ceremonies organized by public authorities;
15. use of buildings that are considered works of architecture or of plans thereof for the purpose of the reconstruction of such buildings.
(2) The provisions of paragraph 1 shall not apply to computer applications. The provisions of articles 70 and 71 shall apply to them.
Free Use With Payment of Compensation
Article 25. (Amended, SG. No. 77/2002) (1) (Supplemented, SG No. 99/2005) Without the consent of the holder of the copyright, but with payment of fair compensation it shall be considered admissible:
1. to reproduce for non-commercial purposes printed works, with the exception of musical note material, on paper or other similar carrier through photocopying or other similar method that yields similar results;
2. reproduction of works regardless of the carrier by natural persons for their personal use if such reproduction is not done for commercial purposes.
(2) The provision in paragraph 1, item 2 shall not apply to computer software and architectural designs. The provisions contained in Articles 70 and 71 shall apply to computer software.
Tying Free Use With Maintaining Means of Technical Protection
Article 25a. (New, SG. No. 77/2002) (1) (Previous Article 25a, SG No. 99/2005) The use of works under Article 24, paragraph 1 and Article 25, paragraph 1 shall not involve removal, damage, destruction, or distortion of technical means of protection without the consent of the holder of the copyright.
(2) (New, SG No. 99/2005) Users who desire to apply the provisions of Article 24, Items 3, 9, 10, 12 and 13 of Paragraph (1) and of Article 25, Item 1 of Paragraph (1) but are deterred by technical means of protection, may request from the rightholder to provide them access to a degree permissible by the objective. This provision shall not apply in cases where works or other subjects of protection have become accessible by contractual means to an unlimited number of persons in a manner allowing that access from a location and at a time individually chosen thereby.

Compensation for Free Use[1]
(Title amended, SG. No. 77/2002)
Article 26. (1) (Amended and supplemented, SG. No. 28/2000, effective 1.01.2001) The authors of works recorded on sound or video media, as well as the performers whose performances have been recorded, the phonogram producers and the producers of the initial recording of recorded films shall be entitled to compensation whenever their recordings are recorded for personal use. Such compensation shall also be due to the authors and publishers of all types of printed works when these works have been reproduced reprographically for personal use.
(2) (Amended SG. No. 28/2000, effective 1.01.2001) The compensation under paragraph 1, sentence one, shall be due from the persons who manufacture or import blank audio or video media and recording machines, while the compensation under paragraph 1, sentence two, shall be due from the persons who manufacture or import machines designed for reprographic reproduction. The compensation shall amount to five per cent of the manufacturer's price of the media produced in the country, and to two per cent of the manufacturer's price of the machines produced on the country, or of the customs dutiable value of imported media and machines.
(3) (Amended SG. No. 28/2000, effective 1.01.2001, SG. No. 77/2002, SG No. 99/2005, effective 10.06.2006) Compensations in pursuance to sentence one of Paragraph (1) and to sentence two of Paragraph (1) shall be paid to different for the two separate categories of rights organisations, established under the procedure of Article 40 by associations representing the different categories of rightholders under this Act. Prior to any such distribution, 20 per cent of all sums collected shall be set aside and credited to the account of the "Culture" National Fund.
(4) (Amended SG No. 28/2000) The distribution of the sums thus collected among the various categories of right-holders shall be made as follows:
1. of compensations under paragraph 1, sentence 1:
a). one third for the authors;
b). one third for the performing artists;
c). one third for the producers;
2. of compensations under paragraph 1, sentence 2:
a) fifty per cent for the authors;
b) fifty per cent for the publishers.
(5) (New, SG No. 28/2000, effective 1.01.2001, amended, SG No. 77/2002) The sums collected under paragraph 1 shall be refunded by the collecting organizations within six months of the date on which reason to do so has arisen:
1. whenever the levied blank audio or video media:
a) have subsequently become an object of an export transaction, without any recordings on them;
b) have subsequently been fixed with recordings made within the country by a person who has legitimately acquired the right to make such recordings and has settled all copyright and neighbouring rights matters related to the recording;
c) have been purchased by radio or TV organizations holding legal licenses and have been fixed with recordings and kept by these organizations for the needs of their own broadcasts;
d) have been purchased by film-makers or creators of other types of audio-visual works and have been fixed with recordings and used by them for their own production or advertising needs;
e) (new, SG. No. 77/2002) have already been supplied or are due to be supplied subsequently with technical means for protecting rights;
2. (amended, SG. No. 77/2002) whenever the levied machines are designed for recording or reprographic reproduction:
a) have subsequently become the object of an export transaction, and if this transaction has been conducted prior to the machines being used in the country;
b) have been purchased from generally accessible libraries, educational institutions, museums, and archives;
c) have been purchased by the National Assembly, the National Intelligence Service, the National Protection Service, the Ministry of Defense, and the courts.
(6) (New, SG No. 28/2000, effective 1.01.2001) Machines designed for recording under this Article shall be all the machines designed for the recording of works on sound or video media from phonograms or video-recordings, or from radio or TV broadcasts, while machines designed for reprographic reproduction shall be all the machines designed for the copying of printed materials by photo-copying or any other manner producing a similar result.
(7) (New SG. No. 28/2000, effective 1.01.2001, repealed, SG. No. 77/2002)
(8) (New, SG No. 99/2005) Persons obligated to pay compensations in pursuance to Paragraph (2) shall be obligated to notify, within one month following the expiry of each half-year, the respective organisations referred to in Paragraph (3) as regards the quantity and types of produced and/or imported over the six-month period thereby media and machines referred to in Paragraph (2), as well as regarding their production, respectively customs taxable value. Persons who receive such information may not use said information for anything but collection and distribution of compensations.

Chapter Six
DURATION OF COPYRIGHT
General Rule

Article 27. (1) (Amended SG. No. 28/2000) Copyright shall be protected for the life of the author and seventy years after his death.
(2) For works having two or more authors the term specified in paragraph 1 shall commence from the death of the last surviving author.
Pseudonymous or Anonymous Works
Article 28. (Amended and supplemented, SG No. 28/2000) Copyright over anonymous or pseudonymous works shall be protected for seventy years after the works have been first made available to the public. In the event that within the said term the author's identity is disclosed, or if the pseudonym throws no doubt upon the author's personality, the provisions of the preceding article shall apply.
Computer Programs and Data Bases
Article 28a. (New, SG No. 28/2000) The copyright over a computer program or a data base under Article 14 shall be protected for seventy years after making the work available to the public. If the author's identity has been established within this term, the provisions of Article 27 shall apply.
Films
Article 29. (Amended, SG No. 28/2000) The copyright over a film or some other audio-visual work shall be protected for seventy years after the death of the last survivor among the director, the author of the screenplay, the director of photography, the author of the dialogue, or the composer, if the music had been specially made for the film.
Collected Works
Article 30. (1) (Previous Article 30, amended, SG No. 28/2000) Copyrights over encyclopaedias, periodicals and other works under Article 3, paragraph 2, item 3 shall be protected for seventy years after their publication.
(2) (New SG. No. 28/2000) With respect to works which are published in volumes, parts, issues, or episodes, the term under paragraph 1 shall be calculated for each one individually.
Commencement of Terms
Article 31. The terms mentioned in the preceding articles of this chapter shall commence as of January 1 of the year following the year of the author's death, or, respectively, the year when the work under Articles 27 through 30 was made, or made available to the public or published.
Inheriting Copyrights
Article 32. (1) Upon the death of the author copyrights shall be passed on to his heirs by last will or by operation of law under the Succession Act.
(2) Copyrights may be inherited until the term of their protection expires.
Exercising Rights in the Absence of Heirs
Article 33. (Amended, SG. No. 77/2002, SG No. 28/2005) In the event that an author does not have hairs, or any such heirs die prior to the expiration of the term of protection, copyrights shall be passed on to the state which shall exercise such rights until they expire through the Ministry of Culture. In the event that the deceased author or his heir had been member of an organization conducting collective management of rights under this Act, that organization shall at its own expense exercise such rights until they expire.
Use of Works after Copyrights Have Expired
Article 34. After the term of copyright protection has expired literary, artistic and scientific works may be used freely inasmuch as that does not violate rights under Article 15, items 4 and 5, which are of unlimited duration. The bodies under Article 33 shall monitor the observance of such rights and may, as an exception, permit changes to be made in such works.
Protection of Unpublished Works
Article 34a. (New SG. No. 28/2000) Every person who makes a work available to the public after the term of copyright protection has expired shall enjoy the rights under Article 18, if the work had not been published by then. This right shall be protected for twenty five years as of January 1 of the year, following the year in which the work has been made available to the public.

Chapter Seven
USE OF WORKS
Section I
General Provisions
Author's Consent for the Use of His Work

Article 35. A literary, artistic or scientific work may be used with the consent of the author unless otherwise provided for by this Act.
Contracts on Use
Article 36. (1) By concluding a contract on the use of his work, the author shall grant the user exclusive or non-exclusive rights to use the said work on specific terms and for compensation.
(2) Whenever an author grants a user exclusive rights to use a work he himself may not use it in the manner, for the term and in the territory agreed upon in the contract, nor shall he grant such rights to third parties.
(3) Whenever an author grants a user non-exclusive rights to use a work, he may continue using it himself, as well as grant non-exclusive rights for its use to third parties.
(4) The granting of exclusive rights under paragraph 2 shall be explicit and in writing. Whenever no such provision exists, it shall be considered that non-exclusive rights have been granted.
(5) If no term has been specified in the contract, it shall be assumed that the right to use a work has been granted for a period of three years, or five years for architectural designs.
(6) If the contract does not specify a territory on which a user may use a work, the country of which the user is a national or the country of his seat, if he is a legal person, shall be considered as such territory.
Effect and Duration of Contracts
Article 37. (1) A contract under which an author has granted use of all works which he may create for the rest of his life shall be considered null and void.
(2) A contract on the use of a work may not be concluded for a term exceeding ten years. Whenever such a contract has been concluded with a longer term of validity, it shall remain in force for ten years only. This limitation shall not apply to contracts for architectural designs.
Amount of Compensation
Article 38. (1) The compensation of the author may be defined as a portion of the revenues resulting from the use of his work, as a fixed one-time amount or in other forms.
(2) Whenever the one-time compensation proves obviously incommensurate with the revenues resulting from the use of his work, the author may claim an increase of the said compensation. If no agreement can be reached between the parties, the issue shall be resolved through the courts ex aque et bono.
Avoiding a Contract when the Performance has not Commenced
Article 39. (1) In the event that a contract granting exclusive rights does not specify a deadline by which the user should commence the use of the work, the author may avoid the contract if use of his work has not started within two years of the conclusion of the contract, or of the date of handing over the work, whenever such date is subsequent to the one on which the contract was concluded.
(2) Paragraph 1 shall not apply to architectural designs.
Collective Management Organizations
Article 40. (1) Authors may, at their own free will, establish organizations for the collective management of copyrights and grant to such organizations the right to conclude contracts on the use of their works in one or more ways and to collect moneys due.
(2) A publisher who has been granted by the author rights other than the right to publish may transfer management of these rights to an organization described in the preceding paragraph.
(3) The organizations carrying out collective management of copyrights may only be associations of authors and other proprietors of such rights. These organizations shall not operate for profit and shall distribute all moneys received from users among their members after making the deductions necessary for their own operation. The establishment and functioning of such organizations shall be carried out under the procedures established for non-profit associations.
(4) (Amended, SG No. 28/2005) All organizations under paragraph 1 shall submit to the Ministry of Culture a copy of the court ruling of incorporation and of any subsequent changes thereof within one month. The Ministry of Culture shall keep a register of such organizations.
(5) An organization under paragraph 1 shall not refuse membership to any person who is proprietor of such rights as that organization manages.
(6) The regulations on the distribution of the compensations collected by the organizations described in paragraph 1 among the eligible members shall be proposed by the elected governing body of the organization and adopted by the general meeting of its members.
(7) (Amended, SG No. 28/2000, SG No. 99/2005) The organizations under paragraph 1 may represent their own members, the kindred organizations abroad with which they have concluded mutual representation contracts, and the members thereof, before all juridical or administrative bodies whenever the rights they manage are to be protected. For the protection of these rights, the organizations under paragraph 1 may take on their behalf any legal action, including filing claims under Articles 94, 94a and 95, or demand the imposition of measures under Article 95c, 95d, 96a, 96b and 96d.
(8) (New, SG No. 28/2000) In cases where this Act stipulates that the author's consent shall be granted only through a collective copyright management organization, the organization managing the respective rights shall also act on behalf of non-member authors and shall settle its relations with these authors in the manner it does with its members.
Works Created Under an Employment Relationship
Article 41. (1) Copyright over works created under an employment relationship shall belong to the author unless provided for otherwise in this Act.
(2) (Amended, SG No. 28/2000) The employer shall have the exclusive right, without permission from the author and without paying compensation, to the extent the contract of employment does not provide otherwise, to use such a work for his own purposes. The employer may exercise this right in a manner and to a degree corresponding to his customary activity.
(3) Whenever the compensation for the author for the work under paragraph 1 proves incommensurate with the revenues under Article 38, paragraph 2 collected as a result of the use of the work, the author may demand additional compensation. If no agreement can be reached between the parties, the issue shall be resolved through the courts ex aque et bono.
Works Created by Special Order
Article 42. (1) Copyright over works created by special order shall belong to the authors unless otherwise provided for in the contract.
(2) Unless agreed upon otherwise, the ordering party may use the work without the permission of the author for the purposes for which it was ordered.

Section II
Publishing Contract
Definition

Article 43. With a publishing contract the author grants the publisher the right to reproduce and distribute his work, and the publisher is obliged to perform these acts and to pay the compensation due to the author.
Types
Article 44. A publishing contract may grant the right to reproduce and distribute a work which has already been written, or one which the author has undertaken to write.
Expanding the Field of Application
Article 45. (1) Whenever by means of a publishing contract an author has granted a publisher the right to use the work for purposes other than publishing as well, the publisher may grant the use of the work for the said purposes to third parties if this is explicitly agreed upon.
(2) Whenever rights are transferred under paragraph 1 above, the publisher shall inform the author in writing.
Form
Article 46. A publishing contract shall be concluded in writing.
Special Non-Mandatory Rules
Article 47. Unless provided for otherwise in the publishing contract, it shall be assumed that:
1. the publisher has been granted rights for one printing only;
2. (amended, SG No. 28/2000) the publisher has been granted the right to publish the work in a circulation not exceeding ten thousand copies;
3. compensation to the amount of fifteen per cent of the retail price of each sold copy of the work shall be due to the author;
4. the number of copies which the publisher may provide to the author free of charge may not be less than five for each printing;
5. the publisher shall publish the work in the language in which he has received it;
6. the publisher may distribute the work only in the territory of his country of nationality or the one in which his seat is situated if he is a legal person.
Amendments
Article 48. Prior to undertaking a second printing, the publisher shall enable the author to make any amendments and additions to the work deemed necessary.
Returning Originals Offered for Publication
Article 49. The publisher shall return the originals of works of fine art, original documents, illustrations and other originals offered for publication unless agreed upon otherwise in writing.
Destroyed Copies
Article 50. In the event that reproduced but not yet offered for sale copies of the work are fully or partially destroyed, but not through the publisher's fault, the latter may restore the destroyed copies within one year without providing compensation to the author.
Termination of Contract
Article 51. Unless agreed upon otherwise, a publishing contract shall be terminated on the date of its expiration or when the run is sold out, or when the last run is sold out if more than one printings have been agreed upon.
Cancellation Prior to Expiration of the Contractual Term
Article 52. (1) Unless agreed upon otherwise, the author may cancel the publishing contract unilaterally by written notice whenever that contract was concluded for more than one printing and the run of the last printing was sold out and no subsequent reproduction and distribution of the work was undertaken by the publisher within one year, provided that the author had requested the publisher to do so within the same term. A print run shall be assumed sold-out whenever the number of unsold copies amount to no more than five per cent of the total circulation.
(2) In the cases under paragraph 1 above, the author shall not be liable to refund the compensation already received.
Publishing at the Expense of the Author
Article 53. (1) The author may at his own expense place an order with a publisher for the reproduction and distribution of a given number of copies of his work.
(2) An author may conclude an agreement with a publisher to reproduce and distribute copies of a work by assuming part of the expenses and participating in the distribution of the revenues.
Contracts on Reproduction and Distribution of Phonograms
Article 54. (1) (Amended, SG No. 28/2000) Unless provided for otherwise in the contract on reproduction and distribution of the work in the form of phonogram and the author has not granted the management of these rights to a collective management organization, it shall be considered that:
1. the user shall make the recording within six months of the date when the author handed over the work in a form permitting its recording, and for reproduction and distribution, within six months after the recording was made;
2. the user has been granted the right to reproduce the work in a circulation not exceeding five thousand copies;
3. the author shall be entitled to compensation equal to the respective part of 10 per cent of the wholesale price of each piece of the sound medium sold, proportional to the duration of his work versus the total duration of the sound medium;
4. the user shall provide to the author five copies of each manufactured version of the sound media free of charge.
(2) (Repealed, SG No. 28/2000).
(3) (Amended, SG No. 99/2005) The right granted by the author for the recording, reproduction and distribution of his work in the form of phonograms shall not include the right to use the recorded work for public performances, or broadcasting by wireless, or retransmission by cable. The inclusion of such rights shall be agreed upon explicitly by the parties.

Section III
Contract on Public Presentation or Performance
Definition

Article 55. With a contract on public presentation the author of a performing arts work shall grant a user the right to present the work, and the user shall present the work and pay compensation to the author.
Non-Mandatory Rules
Article 56. Unless provided for otherwise in a contract, it shall be assumed that:
1. the author may grant the right to public presentation to other users outside the city in which the user has headquarters;
2. the contract shall remain in force for three years;
3. the user shall present the work to the public within one year of receiving it;
4. (amended, SG No. 28/2000) the author's compensation shall amount to fifteen per cent of the gross revenues of each presentation of the work;
5. the user shall report to the author twice a year on the number of public performances and the amount of revenues raised;
6. the author may cancel the contract whenever the user has halted the public presentations of the work for a period longer than one year.
Contracts on the Use through Wireless, Cable
or Other Technical Means
Article 57. (Amended, SG No. 99/2005) The provisions of items 1, 2, and 3 of Article 56 shall also apply to contracts on broadcasting by wireless or retransmission by cable of performing arts works, as well as of musical or literary works that have not been made available to the public. Unless agreed upon otherwise in the contract it shall be assumed that the author has granted the user the right to a single broadcast of the work.
Contract on Public Performance
Article 58. (1) (Previous Article 58q supplemented, SG No. 28/2000, amended, SG No. 99/2005) Consent on the public performance, live or recorded, on broadcasting by wireless, or retransmission by cable of musical and literary works which have already been made available to the public, shall be provided in writing by the author or by a duly authorized organization carrying out collective management of copyrights which shall negotiate, collect and pay the compensations due. When the consent is given by a collective management organization, the user shall render to the latter a precise account of the works used and of the authors thereof.
(2) (New SG No. 28/2000; Repealed, SG. No. 77/2002)

Section IV
Contract on Publishing in a Periodical
Right to Use a Work Written Under Contract

Article 59. (1) An author who has written an ordered work may not, without the consent of the publisher, offer that work or parts thereof to other periodicals, for publishing as an individual publication, or for wireless broadcasting prior to its being published by the publisher.
(2) Unless agreed upon otherwise, the restrictions under the preceding paragraph shall not apply whenever fifteen days, for newspapers, and three months, for magazines, have elapsed since the turning in of the manuscript and the publisher has failed to publish or to inform the author within those periods of time that he will publish and to point out the number of the publication in which that will be done.
Right to Second Use
Article 60. The author may use a work already published in a periodical after the date of publication unless agreed upon otherwise in writing.
Return of Materials Offered for Publication
Article 61. The publishers of periodicals shall return the originals of works of fine art, original documents and illustrations offered for publication, unless agreed upon otherwise in writing.

Section V
Making and Using Films and Other Audio-Visual Material
Proprietors of Rights

Article 62. (1) (Supplemented, SG. No. 77/2002) Copyright over films and other audio-visual works shall belong to the director, the author of the screenplay, and the director of photography. In animated films artists shall also enjoy copyrights.
(2) The authors of the music, dialogue, the already existing literary work upon which the audio-visual work was made, the costumes, the scenographers, and the authors of all other materials contained in it shall retain copyrights over their individual works.
(3) A producer within the meaning of this section shall be the natural or legal person who shall organize the production of the work and provide it's financing.
Contracts on Production and Use
Article 63. (1) (Amended and supplemented, SG No. 99/2005) The authors under Article 62 shall conclude with producers written contracts that, unless agreed upon otherwise or provided for otherwise in this Act, shall be deemed to grant producers the exclusive right to reproduce, show publicly, broadcast by wireless, or retransmitted by cable, reproduce and distribute on video media, offer by wireless media or by cable access to an unlimited number of persons thereto or to a part thereof in a manner allowing that access to be achieved from a location and at a time individually chosen thereby, as well as the right to authorize translation, dubbing and subtitling of the work within the country and abroad.
(2) The producer shall pay the authors under the preceding article compensation for the rights granted. In this case the provisions of Article 41, paragraph 2 and Article 42, paragraph 2 shall not apply.
(3) Whenever any of the authors under Article 62 refuses to complete his part of the film or other audio-visual work, or fails to do so through no fault of his, he shall not prevent the use of the work already completed by him for the completion of the whole project. That shall not prevent him from retaining copyright over the portion of the work he has completed with all ensuing consequences.
(4) An audio-visual work shall be considered completed whenever by agreement between the director and producer a final version has been established.
(5) Any changes in the final version through addition, elimination or change of elements may only be made with the consent of the persons under paragraph 4.
(6) (Amended, SG No. 63/1994) Should a producer become bankrupt, authors under Article 62 shall be entitled to the right to purchase the starting materials of the work at the highest offered price if he wishes so in writing within three days of closing of tender.
(7) (Amended, SG. No. 77/2002) In the event that the producer is unable to complete the work or decides to destroy the initial materials with the initial recording or the initial material for the final version, he must offer these materials free of charge to the authors under Article 62, paragraph 1.
(8) (New, SG No. 28/2000) Within five years of the date on which the work has been made available to the public, the producer or the persons who have become owners of the initial materials for the final version of the work shall lodge these materials with the National Film Library. This shall apply only to films whose producer is a Bulgarian natural or legal person.
Secondary Use
Article 64. (Amended, SG No. 99/2005) The producer may grant to third parties, as long as they assume the obligations under Article 65, the right to broadcast the work by wireless and retransmit by cable, to reproduce it on video media for distribution and public showing. He shall however inform the authors under Article 62, paragraph 1 in writing within one month, unless provided for otherwise by this Act.
Compensation
Article 65. (1) (Amended, SG No. 28/2000, supplemented, SG No. 77/2002, SG No. 99/2005) The director, the author of the screenplay, the director of photography and the composer, or artist with animated films, shall be entitled to fair compensation other than the compensation under Article 63 (2) and for each type of use of the film or audio-visual work, while the other authors named in Article 62, shall be eligible for such compensation if that has been specifically agreed upon. Compensations for the different types of use of the work granted by the authors to the producer referred to in Article 63 (1), as well as the manner in which an author desires to receive them in pursuance to Paragraph (2) shall be determined individually for each type of use.
(2) Compensations for different types of use of a work shall be provided by the respective users and may, upon the authors' request, be received through the producer or through an organization carrying out collective management of copyrights. In the latter case, the producer shall include such a provision in the contracts concluded on the use of the work.
(3) Whenever an already announced work is shown to the public for an admission fee, the compensation shall be proportional to the revenues of the producer.
(4) (Supplemented, SG. No. 77/2002, amended, SG No. 99/2005) Irrespective of the compensation under Paragraph (2), the authors under paragraph 1 shall be entitled to a percentage of all revenues of the producer resulting from use of the work.
(5) (New, SG No. 99/2005) In case the use of the work takes the form of renting or lending said work.
(6) (New, SG No. 99/2005) In case the use of the work takes the form of retransmission of work by cable the provisions of Article 21 (3), (4) and (5) shall apply.
Reporting to Authors
Article 66. At the request of the persons under Article 62, the producer shall provide to them at least once a year a statement on the revenues collected from each type of use of the work.
Use of Parts of Films
Article 67. The producer may use parts of the work or individual frames in such volume as is necessary for advertising the film without seeking the consent of the authors and without providing compensation to them. He may use such parts or frames for other purposes only with the consent of the authors under Article 62, paragraph 1 and shall pay them compensation. Other persons may use parts or frames only with the consent of the authors under Article 62, paragraph 1 and shall pay them compensation.

Section VI
Use of Works of Fine Art, Architecture and Photography
Assumption of Granted Rights to Public Display

Article 68. (1) (Previous article 68, amended, SG No. 28/2000) The transfer of ownership over works of fine art and photographic works or works expressed by a process analogous to photography shall include, unless agreed upon otherwise in writing, transfer of the right to publicly display the said works.
(2) (New, SG No. 28/2000) The transfer of the right to use an architectural design shall include, unless agreed upon otherwise in writing, transfer of the right to publicly display the design.
Subsequent Use of Architectural Designs
Article 69. The written consent of the author shall be required for every subsequent use of the architectural design of an already completed building or other facility.

Section VII
Use of Computer Software
Non-Mandatory Rules

Article 70. Unless agreed upon otherwise it shall be deemed that the person who has lawfully acquired the right to use a computer program may use that program, display it on screen, execute it, transmit it, store it in the memory of his computer, translate it, revise it and effect other changes in it as long as such actions are necessary for attaining the objective for which the right to use that program was acquired, as well as for the elimination of errors.
Mandatory Rules
Article 71. The person who has lawfully acquired the right to use a computer program shall not seek the consent of the author and shall not pay additional compensation in order to:
1. prepare a back-up copy of the program whenever one is necessary for the respective use for which the program had been acquired;
2. observe, study and test the action of the program in order to determine the ideas and principles which may be embodied in any of its elements as long as this is done in the process of loading the software, its display on a screen, its execution, transmission or storage in the computer memory and only if that person is entitled to carry out such actions pursuant to Article 70;
3. (supplemented, SG No. 28/2000) translate the programming code from one form into another only if that is absolutely necessary for achieving compatibility of an existing program with other programs and on the condition that the necessary information on how to do that is not provided and that such actions are undertaken only in respect to such parts of the program as are necessary for achieving compatibility. The information thus obtained shall not be used for the creation and distribution of programs, differing insignificantly from the program, with translated programming code, nor for any other actions that may violate copyrights over the software.

Management and Control of Software Assets of State
Authorities and Local Governments
Article 71a. (New, SG. No. 77/2002, repealed, SG No. 99/2005)
Part Two

NEIGHBOURING RIGHTS AND OTHER EXTRAORDINARY RIGHTS
(Amended, SG. No. 77/2002)
Chapter Eight

GENERAL PROVISIONS
Proprietors and Objects of Neighbouring Rights

Article 72. (Amended, SG No. 28/2000) The following shall have rights, neighbouring to the copyright, over their works:
1. performing artists over their performances;
2. producers of phonograms over their recordings;
3. producers of the initial recording of a film or another audio-visual work over the original copy, as well as over the copies produced as a result of this recording;
4. radio and television organizations over their programs.
Collision with Copyright
Article 72a. (New, SG. No. 28/2000) The neighbouring rights may not be exercised in a manner which might result in infringing upon or restricting copyrights.
Assumption of Holding Neighbouring Rights
Article 72b. (New, SG No. 99/2005) Until proven otherwise, the bearer of the right referred to in Article 72 shall be the person whose name, business name or other identification mark is indicated or mentioned in the customary manner thereof on the respective recording, copies or samples thereof and/or their packaging, or else in the course of commencement of the programme.
Exercising Neighbouring Rights through Collective Management
Organizations
Article 73. (Supplemented, SG. No. 28/2000) The economic rights of performing artists, of producers of phonograms, of film producers, and of radio and television organizations may be exercised by duly empowered organizations conducting collective management of rights pursuant to the provisions of Article 40.

Chapter Nine
RIGHTS OF PERFORMING ARTISTS
Proprietors of Rights
(Title amended, SG No. 28/2000)

Article 74. (Amended and supplemented, SG. No. 28/2000) A performing artist is a person who presents, sings, plays, dances, recites, acts, directs, conducts, comments upon, dubs into another language, or performs in another manner a work, circus or variety show number, one in a puppet show or a folkloric work.
Non-Economic Rights
Article 75. (1) The performing artist shall enjoy the following rights:
1. to demand that his name, pseudonym or stage name are referred to or announced in the customary manner during every live performance or use of a recording of that performance in any manner whatsoever;
2. to demand the preservation of the entirety and integrity of a recorded performance at the time of its reproduction or use in any other manner.
(2) The right under item 1 of the preceding paragraph shall be inalienable. Waiving the requirement under item 2 may only be explicit and in writing.
Economic Rights
Article 76. (1) A performing artist shall have the exclusive right to permit for compensation:
1. (amended, SG No. 99/2005) the broadcasting of a performance of his by wireless, transmission or retransmission by cable, as well as a sound or video recording of the performance, the reproduction of the recording on audio or video media and their distribution;
2. (amended, SG No. 99/2005) public performance, broadcasting by wireless, transmission or retransmission by cable of such recordings.
3. (new, SG. No. 28/2000, amended, SG No. 99/2005) offering by wireless or by cable of access for an unlimited number of persons to his recorded performance or part thereof in a manner permitting the access to occur from any place and at any time individually chosen by each one of these persons.
4. (new, SG. No. 77/2002) imports and exports of copies of the performance in commercial quantities, regardless of whether the copies had been produced legally or in violation of rights under item 1.
(2) Performing artists shall grant the rights under the preceding paragraph by means of a written contract. Compensation may be negotiated as a percentage of the revenues, one-time payment or in another manner.
(3) Unless agreed upon otherwise in the contract between the performing artist and the producer of sound recordings, the former shall be entitled to permit other persons to record and distribute his performances as well. Any agreement limiting the performing artist's right to grant such permission shall be valid for a maximum of five years.
(4) (Repealed, SG. No. 28/2000).
Secondary Use
Article 77. (Amended, SG No. 99/2005) The amount of compensation of the performing artists and producers of sound recordings for broadcasting by wireless, transmission and retransmission by cable or for public performance through audio or other equipment for works which have already been made available to the public, shall be determined pursuant to § 5 of the Additional Provisions, and half of the amount shall be paid to the performing artists, and the other half to the producers.
Participation in Filming
Article 78. (1) (Supplemented, SG. No. 28/2000, amended, SG No. 99/2005) Unless agreed upon otherwise in the performance contract, it shall be deemed that the performing artist who has participated in the making of a film or other audio-visual work has thereby granted the producer of the work the right to public showing of that recorded work, as well as the right to broadcast it by wireless, transmission and retransmission by cable, and to reproduce and distribute it on video media.
(2) A role played by a performing artist in a film or another audio-visual product may carry the voice of another person only with the consent of the performing artist who has played the particle
(3) (New, SG. No. 28/2000) The contracts under paragraph 1 concluded with artists playing the leading parts provide for an additional compensation as a percentage of every gross income of the producer resulting from the use of the work. Such compensations shall be paid to the artists, as agreed, either by the producer or by the respective users. Whenever the compensations are paid by the respective users, the producer shall make the relevant provisions in the contracts he concludes for using the work. If no compensations have been negotiated, they shall be determined on the basis of an agreement between the artists' associations, on one hand, and the producers or their associations, on the other.
(4) (New, SG. No. 28/2000) The artists playing the leading parts under paragraph 3 shall be, until proof provided to the contrary, the persons whose names appear in the titles of the film in a manner which indicates unambiguously that they are believed to be so. Whenever such indications are missing, possible explicit stipulations may be included in the contract between the producer and the performing-artist; if there are no such stipulations or the contract has not been presented, the explicit opinion of the author of the screenplay shall be taken into account, which shall be presented in writing at any time.
(5) (New, SG. No. 77/2002) In the event that the TV organization is also the producer of a film or audio-visual work, the persons under paragraph 3 shall be entitled to additional compensation every time the work is used by this organization, while the amount of such compensation shall be determined under sentences two and four of paragraph 3.
(6) (New, SG. No. 77/2002) Individuals who perform roles in audio-visual works that are designed for advertising purposes shall be entitled, for the period during which this work is broadcast, to supplementary compensation in the form of a percentage of the profit of the advertiser from the advertised activity, product, or service in this country. Such compensation shall be negotiated in the contract between the producer and the advertiser. If there is no direct contractual relationship between the producer and the advertiser, the producer shall provide for such compensation in his contract with the person who ordered the work.
(7) (New, SG No. 99/2005) Where the use referred to in Paragraph (3) takes the form of renting or lending copies the provisions of Article 22a shall apply.
Permission from Collective Performers
Article 79. The participants in collective performances, such as choirs, orchestras, ensembles and other artistic groups, shall empower in writing one person to grant the permissions under this chapter regarding the use of their performances. The soloists and conductor, as well as the director of the staged performance shall provide permissions individually.
Announcing Names with Collective Performances
Article 80. For collective performances the name of the ensemble or group as a whole shall be indicated or announced in the customary manner; the names of the soloists, conductor and director of the staged performance shall be announced individually, unless it is agreed upon otherwise with the said persons.
Performance under an Employment Relationship
Article 81. The permission under Article 76, paragraph 1 to use a performance done under an employment relationship shall be granted by the employer unless agreed upon otherwise with the performing artist.
Duration
Article 82. The rights of the performing artists shall remain in force for fifty years. This term shall commence on January 1 of the year following the year in which the recording of the performance was published, or whenever the recording has not been published or the performance has not been recorded, on January 1 of the year following the year in which the first performance was held.
Protection of Names of Artistic Groups
Article 83. (1) (Amended and supplemented, SG No. 28/2000, SG. No. 28/2005) The names of artistic groups shall be registered by the Ministry of Culture in a manner established by the Council of Ministers. Charges for lodging registration applications, for register inquiry services, and for issuing documents with information recorded in the register shall be collected at a rate established by a tariff adopted by the Council of Ministers.
(2) (New, SG. No. 28/2000) The names of artistic groups shall be registered in the Cyrillic alphabet alone. If requested by the applicant, the registration may also contain the same name in another alphabet.
(3) (Renumbered from Paragraph 2, SG No 28/2000) The name registered under paragraph 1 shall not be used by other groups.
(4) (Renumbered from Paragraph 3, SG No 28/2000) In the event that another group has used the same or a similar name prior to the registration, it may seek the voiding of that registration.
(5) (Renumbered from Paragraph 4, SG No 28/2000) Disputes over similarities of names, or over which group was the first to use a name, shall be settled by the courts.
(6) (Renumbered from Paragraph 5, SG No 28/2000) The right to a name under paragraph 1 shall be protected for ten years after the artistic group has discontinued its operation. This term shall commence from January 1 of the year following the one in which operation was discontinued.
Application by Analogy
Article 84. (Amended and supplemented, SG. No. 28/2000, amended, SG. No. 77/2002, SG No. 99/2005) The provisions of Article 18 (3), Articles 18a, 19, 21, 22, 22a, 23, Article 24, Items 1, 6, 8, 12 and 14 of Paragraph (1), Article 25, Item 2 of Paragraph (1), Articles 25a, 26, 32, 33, 34, 36, 37 and Article 58 (1) shall be applied respectively and regarding the rights of the performing artists, whereas the provisions of Article 66 shall apply to the rights of the persons described in Article 78 (3).

Chapter Ten
RIGHTS OF PRODUCERS OF PHONOGRAMS
Proprietors of Rights

Article 85. The producer of a phonogram shall be the natural or legal person who has organized the first recording and has provided its financing.
Economic Rights
Article 86. (1) The producer shall have the exclusive right to grant permission against compensation for:
1. the reproduction and distribution of the phonogram;
2. (supplemented, SG. No. 77/2002) the import and export of copies of the phonogram in commercial quantity, irrespective of whether they have been manufactured legally or in violation of the rights under item 1;
3. (amended and supplemented, SG No. 99/2005) public performance and broadcasting by wireless and transmission and retransmission of the recording thereof by cable.
4. (new, SG. No. 28/2000) offering by wireless, cable or other technical means of access for an unlimited number of persons to the recording or part thereof in a manner permitting the access to occur from any place and at any time individually chosen by each one of these persons.
(2) The producer may grant under a contract some of his rights under paragraph 1 to other persons, including the author and the performers of the recorded work.
Non-Economic Rights
Article 87. (1) The producer may require that his name is featured in the customary manner on the sound media and their jackets whenever recordings made by him are reproduced and distributed.
(2) (Repealed, SG No. 99/2005).
Secondary Use
Article 88. (Amended, SG No. 99/2005) The compensation to producers of phonograms, which have already been made available to the public for broadcasting by wireless, transmission or retransmission by cable, or public broadcasting by sound equipment or by other means, shall be determined and paid in the manner described in Article 77.
Duration
Article 89. (Amended, SG. No. 77/2002) The rights of producers under this chapter shall be in force for fifty years. This term shall commence on January 1 of the year following the year in which the phonogram was made. If the phonogram was published legally during this period, the term shall commence on January 1 of the year following the year of publication. If the phonogram has not been published legally, but has been announced legally by other means during this period, the term shall commence on January 1 of the year following the one in which this announcement was made.
Application by Analogy
Article 90. (Amended and supplemented, SG. No. 28/2000, amended, SG. No. 77/2002, SG No. 99/2005) The provisions of Article 8, Article 18 (3), Articles 18a, 19, 21, 22, 22a, 23, Article 24, Items 1, 3, 6, 8, 11, 12, 13 and 14 of Paragraph (1), Article 25, Item 2 of Paragraph (1), Articles 25a, 26, 32, 33, 34 and 36 shall apply respectively also regarding producers of phonograms.

Chapter Ten A
(New, SG. No. 28/2000)
RIGHTS OF FILM PRODUCERS
Content of the Rights

Article 90a. (1) The producer of the initial recording of a film or another audio-visual work shall have, with respect to the original copy of the film and the copies thereof produced as a result of this recording, the exclusive right to grant permission against compensation for:
1. their duplication;
2. their screening before the public;
3. their broadcasting by wireless;
4. (amended, SG No. 99/2005) their transmission or retransmission by cable;
5. their reproduction;
6. their distribution;
7. their translation, dubbing into another language or sub-titling;
8. (amended, SG No. 99/2005) offering by wireless or by cable of access for an unlimited number of persons to the film or part thereof in a manner permitting the access to occur from any place and at any time individually chosen by each one of these persons.
9. (new, SG. No. 77/2002) imports and exports of the film in commercial quantities, regardless of whether these were manufactured legally or in violation of the right under item 1 or item 5.
(2) The producer shall be entitled to require that the name or the title of the film be indicated in the usual manner every time the film has been used.
Duration
Article 90b. The rights of producers under this Chapter shall be protected for fifty years. This term shall begin as of January 1 of the year, following the year in which the film has been made available to the public; whenever the film has not been made available to the public, the term shall begin as of January 1 of the year, following the year in which the film has been made.
Application by Analogy
Article 90c. (Amended, SG. No. 77/2002, SG No. 99/2005) The provisions of Article 8, Article 18 (3), Article 18a, 19, 21, 22, 22a, 23, Article 24, Items 1, 2, 3, 6, 8, 11, 12, 13 and 14 of Paragraph (1). Article 25, Item 2 of Paragraph (1), Articles 25a, 26, 32, 33, 34 and 36 shall apply to film producers as well.

Chapter Eleven
RIGHTS OF RADIO AND TELEVISION ORGANIZATIONS
Content of Rights

Article 91. (1) (Amended, SG. No. 28/2000, SG. No. 77/2002) The radio or television organization which has carried out the initial broadcast or transmission of its own program shall have the exclusive right to grant permission against compensation for:
1. (amended, SG No. 99/2005) rebroadcasting of the program by wireless or re-transmitting it by cable;
2. recording, reproduction and distribution of the recordings of the program;
3. (amended, SG No. 99/2005) offering by wireless or by cable of access for an unlimited number of persons to the program or part thereof in a manner permitting the access to occur from any place and at any time individually chosen by each one of these persons.
(2) The provision of the preceding paragraph shall also apply whenever a program sent by a radio or television organization via signal to a communications satellite, is rebroadcast, re-transmitted, recorded, reproduced or distributed by other persons.
(3) (New, SG No. 28/2000) Whenever the radio or television organization under paragraph 1 or a duly authorized person thereby restrict the number of persons receiving the program by encoding the signal which contains it, the consent shall be considered given only if the decoding device has been provided by the broadcasting organization, or with its consent.
(4) (New, SG No. 28/2000) At the time of every use of the program under paragraph 1 the user-organization shall announce in a suitable manner the name of the organization which has first broadcast or transmitted the program.
(5) (New, SG. No. 77/2002, amended, SG No. 99/2005) In case a radio or TV organization permits the simultaneous in its entirety and unchanged form transmission of its programme through the cabel network of another organisation, the permission given by the radio or television organisation shall expressly include the rights for broadcasting and transmission of the works included in the programme in case these rights have been duly ceded thereto.
Duration
Article 92. The rights of radio and television organizations under this chapter shall remain in force for fifty years. This term shall commence as of January 1 of the year following the year in which the program was broadcast or transmitted for the first time.
Application by Analogy
Article 93. (Amended, SG. No. 77/2002, SG No. 99/2005) The provisions of Article 8, Article 18 (3), Article 19, Article 21 (1), Articles 22 and 23, Article 24, Items 1, 2, 3, 8, 12, 13 and 14 of Paragraph (1),Articles 25a and 36 shall also apply to radio and television organizations.
Ascertainment of Production and Distribution Right
Article 93a. (Repealed SG. No. 28/2000).

Chapter Eleven A
(New, SG. No. 77/2002)
RIGHTS OF PRODUCERS OF DATABASES
Right Holder

Article 93b. (1) The producer of the database shall be the holder of the right.
(2) The producer of a database shall be a natural or legal person who has initiated and borne the risk of investing in the collection, verification, and use of the content of a database, if such an investment is substantial in terms of quality or quantity.
Content of Right
Article 93c. (1) The producer of a database may ban:
1. deriving through permanent or temporary transfer of the content of the database or any of its parts that may be considered substantial in terms of quantity or quality on some other carrier in any manner and form whatsoever;
2. second use of the content of a database or part thereof that is considered substantial in terms of quality or quantity by disclosure of any kind, including by the distribution of copies, renting, or transferring by digital means.
(2) Borrowing shall not be regarded as deriving or second use under paragraph 1.
(3) The right under paragraph 1 may be expropriated or transferred to other persons.
(4) The producer of a database may ban any actions under paragraph 1 regarding also unsubstantial parts of the content where such actions are undertaken for a second time and in systematical manner that contradicts normal use or may violate the legitimate interests of the producer.
Termination of Right
Article 93d. (1) (Amended and supplemented, SG No. 99/2005, effective as from the date of entry into force of the Treaty concerning the Accession of the Republic of Bulgaria to the European Union) The first sale on the territory of the European Union member-states of a material copy of a database by the holder of the right under Article 93c or with his consent shall result in termination of his right to control subsequent sales of copies of that database on that territory.
(2) When a database is transferred in digital form, including via a communication network, the right under Article 93c shall not be terminated with regard to material copies of the database made by the recipient with the consent of the holder of this right.
Conflict With Other Rights
Article 93e. (1) The right under Article 93c arises irrespective of whether the database or parts of its content enjoy copyright protection or similar rights.
(2) The right under Article 93a shall not be exercised in a manner that could result in violation or restriction of copyright or other similar rights on the content of the database.
Rights and Obligations of Legal Users
Article 93f. (1) (New, SG No. 99/2005) The person that has legally acquired the right to use a database or a copy thereof may freely engage with it in the actions referred to in Article 18, Items 1, 2, 3, 4, 5, 7 and 8 of Paragraph (1), as well as in actions related to the results possibly received from the translation, revision, processing or any other changes thereto whatsoever that person has made when this is necessary for access to the database content and its normal usage. Where that person has the right to use only part of the database this provision shall apply to that part alone.
(2) (Renumbered from Paragraph 1, SG No. 99/2005) When a database has been disclosed in any manner whatsoever, its producer shall not be entitled to preventing the deriving or second use of unsubstantial portions of its content for any purposes whatsoever by a person who had obtained access to the database by legal means. If the legal user enjoys the right to derive and use a second time only part of the database, this provision shall apply only to that particle
(3) (Renumbered from Paragraph 2, SG No. 99/2005) The legal user of a database that had been disclosed in any manner whatsoever may not undertake any action that would prevent normal use of the database or harm the legitimate interests of its producer.
(4) (Renumbered from Paragraph 3, SG No. 99/2005) The legal user of a database that had been disclosed in any manner whatsoever may not harm the rights of the copyright holder or any similar right over the works or objects contained in such works.
(5) (New, SG No. 99/2005) Any agreement in contradiction to the provisions of Paragraphs (1), (2), (3) and (4) shall be null and void.
Exceptions
Article 93g. The legal user of a database that had been disclosed in any manner whatsoever may derive and use for a second time under Article 93c a substantial portion or the content of this database without the permission of its producer in the following cases:
1. deriving content of a database for personal use when the database is not in electronic format;
2. deriving content for non-commercial purposes for illustrating training or research in a volume that is justified by the purpose and if reference is made to the source;
3. deriving and second use for the purposes of national security or in administrative and legal proceedings.
Duration
Article 93h. (1) The rights under Article 93c shall be in effect for 15 years. This term shall commence on January 1 of the year that follows the year in which the database had been completed.
(2) Is the database had been disclosed in any manner whatsoever prior to the expiration of the term under paragraph 1, the term shall commence on January 1 of the year that follows the year of the disclosure.
(3) Every new substantial investment in the database that leads to a significant change in its content shall mark the start of a new independent term of protection regarding the part that had been the result of this investment.

Part Three
PROTECTION OF COPYRIGHT AND NEIGHBOURING RIGHTS
Chapter Twelve
PROTECTION BY CIVIL LAW
Action for Compensation

Article 94. (Amended and supplemented, SG No. 28/2000, amended, SG No. 72/2002, SG No. 99/2005) (1) Whoever infringes a copyright or a neighbouring right, or another right under the present Act, shall owe compensation for the damages incurred to the holder of the right or the person to whom that holder has given exclusive user rights.
(2) Compensation shall be due for all damages directly and immediately resulting from the infringement.
(3) At determining the amount of the compensation the court shall also take into consideration all circumstances related to the infringement, loss of earning and non-pecuniary damages, as well as the profits made by the infringer as a result of the infringement.
(4) The court shall determine a fair compensation that shall have a deterrent and cautionary effect on the infringer and the public at large.
Particular Cases of Compensation Claims
Article 94a. (New, SG No. 99/2005) (1) Where the claim has been established on grounds but there is insufficient data regarding its extent the claimant may claim as compensation:
1. from BGN 500 to BGN 100,000, the concrete amount being determined at the discretion of the court under the conditions referred to in Article 94 (3) and (4), or
2. the equivalent of the object of the infringement at retail prices of legally reproduced copies.
(2) The revenue received as a result of the infringement shall also be taken into consideration at determining the compensation referred to in Paragraph (1).
Other Actions
Article 95. (Amended and supplemented, SG. No. 28/2000, amended, SG No. 77/2002) (1) (Previous Article 95, SG No. 99/2005) Whenever a work or the objects under Article 72 databases under Chapter Eleven-a are used in violation of the provisions of this Act, the proprietor of the copyright or the person to whom the user right has been exclusively granted may bring an action before the court for:
1. (new, SG No. 99/2005) establishing the fact of the infringement;
2. (amended, SG. No. 77/2002, renumbered from Item 1, SG No. 99/2005) stopping the illegitimate use or ban on the activity that constitutes illegal use;
3. (supplemented, SG. No. 77/2002, renumbered from Item 2, SG No. 99/2005) seizing and destroying illegitimately produced copies of the work, objects under Article 72 and databases under Chapter Eleven-a, including negatives, master copies, printing forms and others used for the purposes of copying;
4. (supplemented, SG. No. 28/2000, renumbered from Item 3, SG No. 99/2005) seizing and putting out of operation the copying, decoding and reproducing equipment used exclusively for committing violations;
5. (amended, SG. No. 77/2002, renumbered from Item 4 and amended, SG No. 99/2005) receiving the objects under Item 3.
6. (new, SG No. 99/2005) publication at the cost of the infringer of the judgement of the court in two dailies and at a time determined by the court of a television organisation with national coverage.
(2) (New, SG No. 99/2005) Seizure in the sense referred to in Items 3 and 4 of Paragraph (1) may be requested both as regards object located at a certain location and as regards objects in the retail network as a whole.
Particular Claimants
Article 95a. (New, SG No. 99/2005) (1) In addition to the holders of the respective right and the persons to whom they have granted exclusive rights of use thereof, the following shall also be entitled to a claim as referred to in Articles 94, 94a and 95:
1. the organizations for collective management of rights referred to in Article 40 (7), and
2. the professional defence organizations of holders of rights.
(2) (Amended, SG No. 59/2007) The organizations referred to in Paragraph (1) may file claims and request measures only on the occasion of rights given to them for management, respectively - defence. In these cases the provision of Article 26 (4) of the Code of Civil Procedure shall not apply.
Liability
Article 95b. (New, SG No. 99/2005) Legal persons and sole traders shall bear civil liability for the violation of rights under this Act culpably perpetrated by the persons representing them, respectively by their employees or persons appointed thereby. In these cases the parties shall be considered guilty until otherwise proven.
Provision of evidence on claims and secured claim procedures
Article 95c. (New, SG No. 99/2005) (1) Where a claimant has presented evidence in support of claims thereof but has not quoted other evidence of significance for the resolution of the case, which is under the control of the defendant, the court may, at the request of the claimant, obligate the defendant to present this evidence.
(2) Under the conditions of Paragraph (1) the court may, at the request of the claimant, obligate the defendant to provide opportunity for acquaintance with bank, financial and commercial documents under the control of said defendant.
(3) The claimant shall be obligated not to publicise the information contained in the documents referred to in Paragraph (2).
(4) Presentation of evidence of single or one-time unauthorized use of a subject protected under this Act shall be accepted as sufficient grounds for applying the provisions of Paragraphs (1) and (2).
(5) The existence of circumstances related to a violation claimed may also be established with the presentation of evidence of single or one-time unauthorized use of a subject protected under this Act.
Request of Information Concerning Origin and Distribution Networks on
Occasion of Infringement
Article 95d. (New, SG No. 99/2005) (1) The court may obligate the defendant or a third party to present information regarding the circumstances, which have a significance for the resolution of the case.
(2) In the sense referred to in Paragraph (1), a third party shall be any person that:
1. holds goods - subject of infringement, or
2. provides services leading to infringement, or
3. resorts to services constituting an infringement, or
4. has been quoted by a person under Items 1- 3 as a participant in the production or distribution of these goods or services.
(3) The information referred to in Paragraph (2) may include:
1. the names and addresses of the producers, distributors, suppliers and other persons who were previously holders of the goods or services, as well as of the presumed wholesale or retail distributors;
2. information about the produced, manufactured, supplied, received or ordered quantities, as well as the funds received for the goods and services in question.
(4) Paragraph (1) shall not apply when enforcement thereof may lead to infringement of a provision of another law.
(5) The provisions of Paragraphs (1) - (3) shall apply only to action perpetrated for direct or indirect economic or commercial benefit.
Competent Courts
Article 96. Disputes arising out of the application of this Act shall be settled by the district courts.
Safeguard Measures
(New SG. No. 28/2000)
Article 96a. (1) (Amended, SG. No. 77/2002, SG No. 99/2005) When a copyright or a neighbouring right or right under Article 93c has been violated or when there are sufficient evidence to believe that such violation will be committed or some evidence will be lost, destroyed or concealed, the court, upon request by the right-holder or by the person to whom the exclusive user right has been granted, may, without informing the party, against which the secured claim is requested, permit some of the following measures:
1. (amended, SG. No. 77/2002) interdict the performance of activity which is claimed to constitute or to be going to constitute an illegal use of a work or an object under Article 72 or database under Chapter Eleven-a;
2. (amended, SG. No. 77/2002, amended and supplemented, SG No. 99/2005) seize the copies of the work or the objects under Article 72 or database under Chapter Eleven-a, which are claimed to have been illegally reproduced, negatives, master forms, stereotype plates and others designed for reproduction of the copies, as well as other evidence of significance for proving the infringement;
3. seize out of use or interdict the use of machines which are claimed to have been used or will be used to commit violations;
4. seal the premises in which it is claimed that violations are being committed or will be committed;
(2) (Amended, SG No. 99/2005, SG No. 59/2007) The permission, imposition and revocation of safeguard measures shall be done according to the procedures stipulated in Articles 389 through 403 of the Code of Procedure Code , with the exception of Article 398, paragraph 2 , sentence one, and unless this Act provides otherwise.
(3) The safeguard measure "interdiction of performance of the activity" shall be imposed on the grounds of a law-court notification.
(4) (Amended, SG No. 43/2005, SG No. 99/2005) The secured claims referred to in Items 2, 3 and 4 of Paragraph (1) shall be imposed by a state or private law enforcement agent who shall effect the actions simultaneously with serving the notice of admission of claim to the respondent within three days of the submission of claimant appeal to the law enforcement agent. The secured claim admitted to prevent a forthcoming infringement shall be imposed for a term in consideration with its objective. The confiscated property shall be submitted by list for safeguarding to claiman who may only use it as evidence.
(5) The plaintiff or a representative thereof may be present and co-operate when the safeguard measures are being imposed.
(6) (Repealed, SG No. 43/2005).
(7) If it is established that an imposed safeguard measure has been requested without any ground, the aggrieved party may demand from the person who has requested the measure to pay for the damages inflicted thereby.
(8) (New, SG No. 99/2005) The secured claim referred to in Item 1 of Paragraph (1) may also be imposed as regards third persons for which there is sufficient evidence that they are instrumental for the effecting of the activity, which is claimed to constitute or that will constitute unauthorised use.
(9) (New, SG No. 99/2005) The holder of the respective right or the person to whom said holder has given exclusive right of use shall be obligated not to publicise information that has become known to him at or on the occasion of the measures under Paragraph (1).

Chapter Twelve A
(New, SG. No. 28/2000)
FRONTIER MEASURES

Rationale and Field of Application
Article 96b. (1) (Amended, SG. No. 77/2002) A copyright-holder or proprietor of a neighbouring right or right under Article 93c, as well as a person to whom the exclusive user right has been granted may demand from the customs authorities to impound any goods transported across the state border of the Republic of Bulgaria, for which there are grounds to believe that they violate the rights protected by this Act. To cover impounding expenses, charges shall be due at a rate established by a tariff adopted by the Council of Ministers.
(2) When the place of residence or the registered office of the claimant are outside this country, he shall specify a judicial address within the territory of the Republic of Bulgaria.
(3) The provisions of this Chapter shall also apply to temporary imports and exports.
(4) (Amended, SG No. 99/2005) Goods of non-commercial character, transported as part of the luggage of passengers, shall not be impounded providing these are in a quantity set down for duty-free import or export.
Impounding Procedure
Article 96c. (New SG No. 28/2000) (1) Impounding shall be effected on the basis of a claim in writing lodged by a person under Article 96b, paragraph 1, which claim shall contain proof of the rights of the claimant, as well as grounds to believe that these rights have been violated.
(2) (Amended, SG No. 99/2005) After establishing the existence of the circumstances under Article 96b (1), the customs authorities shall impound the goods.
(3) The customs authorities shall notify without delay the claimant, the consignor and the consignee about impounding of the goods. The same persons are entitled to inspect the impounded goods and to receive information about them.
(4) (Amended, SG No. 99/2005) If within ten working days of the date of being notified under paragraph 3 about the impounding of goods, the claimant does not present any proof that legal proceedings have been initiated by the relevant court for resolving the dispute in substance or that a safeguard measure has been permitted, the customs authorities shall release the impounded goods, provided that all requirements for standard import or export have been satisfied.
(5) (Amended, SG No. 99/2005) The competent authorities before whom the legal procedure under paragraph 4 has been initiated shall decide upon appeal by the interested party whether the impounding measure should be confirmed, modified, or repealed.
(6) (New, SG No. 99/2005, amended, SG No. 30/2006) Refusal of the customs authorities to comply with the appeal for impounding of the goods shall be liable to appeal in pursuance to the Administrative Procedure Code.
(7) (Renumbered from Paragraph (6), SG No. 99/2005) Whenever after the request for impounding no procedure under paragraph 4 is initiated or it turns out that the request has been groundless, the aggrieved party shall be entitled to indemnification.
Customs Authorities Actions ex officio
Article 96d. (New SG No. 28/2000) (1) The customs authorities may on their own initiative or upon request by another government agency impound goods about which they have grounds to believe that they violate the rights protected by this Act.
(2) In such cases the customs authorities shall inform without delay the persons under Article 96b, paragraph 1, the consignor and the consignee and shall provide them with the opportunity to inspect the impounded goods. The customs authorities may demand from the right-holder or the proprietor of neighbouring rights any information that may needed for an expertise.
(3) (Amended, SG No. 30/2006) The decision under paragraph 1 may be appealed according to the procedure established by the Administrative Procedure Code.
(4) If within 10 working days of the day on which the goods have been impounded no procedure has been initiated by the relevant court for resolving the dispute in substance or no ruling has been entered by the court on permitting a safeguard measure, the customs authorities shall release the impounded goods, provided that all requirements for standard import and export have been satisfied.
(5) The customs authorities shall bear no responsibility for the actions they have undertaken in good faith to impound the goods.
Additional Regulation
Article 96e. (New SG No. 28/2000) (1) The Council of Ministers shall adopt a regulation on the implementation of this Chapter.

Chapter Thirteen
PENAL ADMINISTRATIVE PROVISIONS

Penalties
Article 97. (1) (Amended, SG. No. 10/1998, supplemented, SG No. 28/2000) Whoever commits the following in violation of this Act:
1. (amended SG. No. 28/2000, amended and supplemented, SG No. 99/2005) reproduces or distributes video media with reproductions thereon of films or other audio-visual works, performances, recordings of films or other audio-visual works;
2. (amended SG. No. 28/2000, amended and supplemented, SG No. 99/2005) reproduces or distributes audio media with reproductions thereon of works, performances or audio recordings;
3. organizes in any manner whatsoever public showings of films or other audio-visual works;
4. (amended SG. No. 28/2000) offers sound or video recording services to third parties consisting of the preparation of single copies of works or other objects protected by this Act;
5. organizes live or recorded public performance or presentation of a work;
6. (amended, SG No. 99/2005) broadcasts by wireless, transmits or retransmits by cable works, performances, audio recordings, recordings of films or other audio-visual works or radio or television programmes;
7. (amended SG. No. 28/2000, supplemented, SG No. 99/2005) publishes, reproduces or distributes already published works;
8. (amended SG. No. 28/2000) owns a computer program knowing or having grounds to suppose that this is illegal;
9. (new SG. No. 28/2000, amended, SG No. 99/2005) reproduces, stores in computer memory, distributes or uses in another manner a computer program;
10. (new SG. No. 28/2000) reproduces or distributes works of applied arts, design and crafts, photographic works or works which have been made in a manner similar to that of photography;
11. (new SG. No. 28/2000, amended, SG. No. 77/2002) uses illegally a work under Article 3, paragraph 1, items 6 and 8;
12. (new, SG No. 99/2005) saves in digital form on an electronic medium films or other audio-visual works, musical works, performances, audio recordings, recordings of films or other audio-visual works;
13. (new, SG No. 99/2005) offers to an unlimited number of persons by wireless means or by cable access to work, the subject referred to in Article 72 or a part thereof, allowing that access to be effected from a location and at a time individually chosen by each person;
14. (new SG. No. 28/2000, renumbered from Item 12, SG No. 99/2005) hinders the imposition of a safeguard measure under Article 96a;
15. (new, SG. No. 77/2002, renumbered from Item 13 and amended, SG No. 99/2005) fails to meet obligations under Article 20a (6), Article 26 (2) and (8), Article 95c (3) or under Article 96a (9);
16. (new, SG. No. 77/2002, renumbered from Item 14, SG No. 99/2005) violates a ban under Article 93c;
(supplemented, SG No. 77/2002, amended, SG No. 99/2005) shall be liable to a fine or a pecuniary sanction from BGN three hundred to BGN three thousand, unless the violation is punishable by a more severe penalty and the object of the violation, regardless of whose property it may be, shall be seized in favour of the State and shall be delivered to be destroyed by the bodies of the Ministry of the Interior.
(2) (Amended, SG. No. 10/1998, supplemented, SG. Nos. 28/2000, 77/2002) A second and subsequent violation under paragraph 1 committed within one year of the imposition of the previous penalty, shall be punished by a fine or a pecuniary sanction from BGN one thousand to BGN five thousand and the object of the violation, regardless of whose property it may be, shall be seized in favour of the state and shall be delivered to be destroyed by the bodies of the Ministry of the Interior.
(3) In the event of systematic violations the facility where these violations have been committed, such as a store, studio, establishment, cinema, theatre, company principal office, etc. shall be closed for three to six months.
(4) (Amended, SG. No. 10/1998, SG No. 99/2005) Organizations conducting collective management of rights under this Act which act in violation of Article 40, paragraph 4 shall be fined by BGN five hundred.
(5) (New SG. No. 28/2000) The sanctions under paragraph 1 or 2 shall be imposed on any person who produces, distributes, advertises or imports, as well as possesses for commercial purposes a decoding device which may provide access to an encoded signal for persons who are outside the audiences specified by the broadcasting organization.
(6) (New SG. No. 28/2000, amended and supplemented, SG. No. 77/2002, supplemented, SG No. 99/2005) The sanctions under paragraph 1 or 2 shall be imposed on any person who intentionally removes, damages, destroys or puts out of order, or in any other way circumnavigates, without being entitled to do so, any technical means for protection used by right-holders whose rights are protected by this Act and is aware or is reasonably expected to be aware that these means are expressly designed for this purpose.
(7) (New, SG No. 77/2002, amended, SG No. 99/2005) The sanctions referred to in Paragraph (1) or (2) shall also be imposed on a person involved in the manufacture, importation, distribution, sale, rental, offer for sale, advertisement with a view to sale or rental, or that holds for commercial ends devices, products or components, or that provides services which:
1. are offered or advertised as means of circumnavigation of technical means of protection
2. have only limited commercial purpose or application different from that to circumnavigate technical means of protection, or
3. are principally intended, manufactured, adapted or used to make possible or to facilitate circumnavigation of technical means of protection.
(8) (New SG. No. 28/2000) The sanctions under paragraph 1 or 2 shall also be imposed on any person who, without being entitled to do so and being aware or having the grounds to suppose that this act is going to cause permit, facilitate or conceal the violation of a right protected by this Act:
1. removes or modifies information presented in an electronic form about the regime of rights over an object of copyright or a neighbouring right.
2. (amended, SG No. 99/2005) distributes, including imports for the purposes of distribution, performs publicly, broadcasts by wireless, transmits or retransmits by cable an object of copyright or a neighbouring right, offers access to an unlimited number of persons to such an object in a manner permitting the access to occur form a place and at a time individually chosen by each one of these persons, knowing that the information presented in an electronic form about the regime of rights over this object has been removed or modified without any right to do so.
(9) (New, SG No. 28/2000, renumbered from Paragraph 8, SG No 77/2002, amended, SG No. 99/2005) Information about the regime of rights under paragraph 8 shall be the information which makes it possible to identify the object of a copyright or a neighbouring right, the right-holder, as well as the information about the conditions for using such an object, including any number or code leading to such information provided that any of these elements of information is present on the copies of the object or is shown when the objects is made available to the public.
Establishment of Infringements and Authorisation of Officials
Article 98 (Amended and supplemented, SG No. 28/2000, amended, SG No. 28/2005, SG No. 99/2005) (1) The infringements referred to in Article 97 shall be established by a memorandum compiled by officials determined by an order of the Minister responsible for culture following an investigation with the cooperation of the Interior Ministry authorities.
(2) The official referred to in Paragraph (1) shall be entitled to:
1. require access to the sites liable to control and to conduct investigations;
2. require the necessary documents in relation to the investigations conducted;
3. undertake measures for the provision of evidence by impounding permanent material media containing object protected by the law and related to establishment of the infringement.
(3) The officials referred to in Paragraph (1) shall be obligated to:
1. record precisely the facts upon the investigation effected in the memorandum ascertaining the infringement;
2. keep official and commercial secrets that may come to their knowledge in relation to the investigations conducted;
3. not publicise data from the investigations;
4. use the information from the investigations only for the ends of the procedure on the infringement.
Memorandum on Impoundment
Article 98a. (New, SG No. 99/2005) (1) Permanent material media containing objects protected by the law and related to the infringement shall be impounded with a memorandum by the officials referred to in Article 98 (1).
(2) The memorandum referred to in Paragraph (1) shall state: the date and location of action; the time when action commenced and ended; the persons who participated; the ascertained facts and circumstances; the requests, notes and objections made, if any; the evidence collected - number, type of media, as well as other data.
(3) The memorandum shall be signed by the persons who has effected these actions, by the person under investigation and by at least one witness.
(4) In the cases where an investigated person refuses to sign the memorandum or is absent that memorandum shall be signed by at least one more witness.
Obligation for Cooperation
Article 98b. (New, SG No. 99/2005) The persons at whom the investigation referred to in Article 98 (1) takes place shall be obligated to;
1. ensure unrestricted access to the investigated premises;
2. cooperate with the officials on the occasion of the conducted investigation;
3. provide the documents and evidence required by the relevant official.
Imposition and Execution of Administrative Sanctions
Article 98c. (New, SG No. 99/2005) (1) The penalty decrees shall be issued by the Minister responsible for culture or by an official authorized thereby.
(2) The penalty fine or pecuniary sanction shall be executed voluntarily within seven days following the enforcement of the penalty decree or the judgement of the court that has imposed them. Fifty per cent of the sums shall be transferred to the account of the Culture National Fund and the rest - to the budget of the Ministry of Culture.
(3) (Amended, SG No. 105/2005) Upon expiry of the term referred to in Paragraph (2) a copy of the penalty decree shall be sent to the State Receivables Collection Agency for compulsory execution of the fine or pecuniary sanction imposed under the procedure of the Tax and Social Insurance Procedure Code .
(4) Following the enforcement of the penalty decree or the judgement of the court the durable material media impounded in favour of the state shall be submitted for destruction to the authorities of the Ministry of Interior.
Application of the Administrative Violations and Sanctions Act
Article 98d. (New, SG No. 99/2005) Inasmuch as this Chapter does not provide otherwise, the establishment of infringements, the issue, appeal and execution of penalty decrees shall follow the procedure of the Administrative Violations and Sanctions Act.

Part Four
APPLICABLE LAW

Applicable Law for Literary, Artistic and Architectural Works
Article 99. (1) This Act shall apply to:
1. (amended, SG. No. 77/2002) works whose authors are citizens of the Republic of Bulgaria or have permanent addresses therein regardless of where the said works have been published for the first time;
2. (new, SG No. 99/2005 - effective as from the date of entry into force of the Treaty concerning the Accession of the Republic of Bulgaria to the European Union) works whose authors are citizens of an European Union member-state or persons with permanent residence address in such a state, regardless of where the works have been published for the first time.
3. (amended, SG. No. 77/2002, renumbered from Item 2, SG No. 99/2005 - effective as from the date of entry into force of the Treaty concerning the Accession of the Republic of Bulgaria to the European Union) works whose authors are nationals of a state with which the Republic of Bulgaria is bound by a copyright treaty, or persons who have permanent addresses in such a country regardless of where the said works have been published for the first time;
4. (renumbered from Item 3, SG No. 99/2005 - effective as from the date of entry into force of the Treaty concerning the Accession of the Republic of Bulgaria to the European Union) works published for the first time or implemented as architectural designs in the territory of the Republic of Bulgaria or in the territory of a state which has a copyright treaty with the Republic of Bulgaria, irrespective of the nationality of the authors;
5. (renumbered from Item 4, SG No. 99/2005 - effective as from the date of entry into force of the Treaty concerning the Accession of the Republic of Bulgaria to the European Union) works which have been published for the first time in the territory of a state with which the Republic of Bulgaria is not bound by a copyright treaty, when such works have been published simultaneously or within thirty days in the territory of the Republic of Bulgaria, or in the territory of a state with which the Republic of Bulgaria has such an agreement.
(2) Whenever this Act is applied to works created by nationals of other states or to works which have been published abroad first, the proprietor of the copyright shall be determined under the respective foreign law.
(3) (New SG. No. 28/2000) With respect to works created by citizens of foreign states, or to works which were first published abroad, the duration of copyright shall be specified by the relevant foreign law, if it provides for protection terms shorter than the ones specified in this Act.
Applicable Law at Royalty Rights Pursuant to Article 20
Article 99a. (New, SG No. 99/2005) (1) The provisions of Article 20 shall apply in the case of resale of works of authors who are citizens of the Republic of Bulgaria or persons with a permanent address therein when the location of resale is on the territory of this country.
(2) (Effective as from the date of entry into force of the Treaty concerning the Accession of the Republic of Bulgaria to the European Union) Article 20 shall also apply to all authors and their heirs who are citizens of or have a permanent address in a European Union member-state.
(3) As regards authors who are citizens of another state and do not have a permanent address in the Republic of Bulgaria the provisions of Article 20 shall apply only providing that the respective foreign state allows analogous right for Bulgarian citizens.
Applicable Law at Broadcasting by Satellite
Article 99b. (New, SG No. 99/2005 - effective as from the date of entry into force of the Treaty concerning the Accession of the Republic of Bulgaria to the European Union) (1) This law shall apply in the case of the broadcasting of a work by satellite when the signal is sent to the satellite:
1. from the territory of the Republic of Bulgaria;
2. from the territory of a state not participating in the European Union which does not provide a level of defence of this right, corresponding to this law, providing that:
a) the programme-carrying signals are transmitted to the satellite from an uplink situation situated in the Republic of Bulgaria, or
b) the uplink connection with the satellite does not begin at a station located on the territory of a European Union Member State but the broadcast is effected by commission of an organization with registered office on the territory of the Republic of Bulgaria.
(2) The responsibility for the broadcast shall be born: in the cases referred to in Item 1 of Paragraph (1) - by the broadcasting organization; in the cases referred to in Item 2, Littera "a" of Paragraph (1) - by the operator of the station; in the cases referred to in Item 2, Littera "b" of Paragraph (1) - by the organization at whose commission the broadcast was made.
(3) The provisions of Paragraph (1) and (2) shall also apply respectively to the rights referred to in Article 72.
Applicable Law for Performances
Article 100. (1) (Amended, SG. No. 77/2002) This Act shall apply to the performances of performing artists who are citizens of the Republic of Bulgaria or have permanent addresses therein irrespective of where such performances have been made.
(2) This Act shall apply to the performances of foreign performing artists in the territory of the Republic of Bulgaria.
(3) (New, SG No. 99/2005 - effective as from the date of entry into force of the Treaty concerning the Accession of the Republic of Bulgaria to the European Union) This Act shall also apply to the performances of foreign actors - performers, citizens of a European Union Member State or having a permanent address in such a state, regardless of where the performances have been made.
Applicable Law for Recordings, Programs and Films
(Title amended, SG No. 28/2000)
Article 101. (Amended, SG. No. 28/2000, SG. No. 77/2002, supplemented, SG No. 99/2005 - effective as from the date of entry into force of the Treaty concerning the Accession of the Republic of Bulgaria to the European Union) This Act shall apply to the objects under Article 72, items 2, 3 and 4, made by natural persons who are citizens of the Republic of Bulgaria or have permanent addresses therein, by citizens of European Union Member States or such having a permanent address in any one of these, or by legal persons whose seat is in the territory of the country or the territory of such a state, irrespective of where such recordings may have been made, as well as to recordings made or simultaneously published for the first time by foreign persons on the territory of the Republic of Bulgaria or a European Union Member State.
Applicable Law for Producers of Databases
Article 101a. (New, SG. No. 77/2002) (1) (Supplemented, SG No. 99/2005 - effective as from the date of entry into force of the Treaty concerning the Accession of the Republic of Bulgaria to the European Union) This Act shall apply to producers of databases if they are citizens of the Republic of Bulgaria or have permanent addresses therein or are citizens of European Union Member States or such having a permanent address in any one of these.
(2) (Supplemented, SG No. 99/2005 - Effective as from the date of entry into force of the Treaty concerning the Accession of the Republic of Bulgaria to the European Union) The provision in paragraph 1 shall apply to legal persons who are registered under the law of the Republic of Bulgaria and who have headquarters, registered address, or major corporate operations on its territory, as well as to legal persons established in accordance with the legislation of a European Union Member State whose registered office, address of the place of management or main activity are on the territory thereof. If a legal person only has offices in the Republic of Bulgaria or the European Union Member State, its operations shall be required to be tied in real terms to its economy.
Application of Treaties
Article 102. (Amended and supplemented, SG. No. 28/2000, previous Article 102, SG. No. 77/2002) (1) The rights of foreign performing artists, producers of phonograms, radio and television organizations and film producers other than those referred to in Article 100, paragraph 1 and Article 101, shall be protected under the treaties covering neighbouring to copyright rights to which the Republic of Bulgaria is party.
(2) (New, SG. No. 77/2002, supplemented, SG No. 99/2005 - effective as from the date of entry into force of the Treaty concerning the Accession of the Republic of Bulgaria to the European Union) Foreign producers of databases except those referred to in Article 101a shall enjoy protection as provided for by the international instruments to which the Republic of Bulgaria is a party.

ADDITIONAL PROVISIONS

§ 1. (1) The copyright proprietor as well as a person who has been granted the exclusive right to use a work protected by this Act, may place the Latin letter "C" surrounded by a circle at a suitable place on the copies of the work in front of their names or titles, or the year of making available to the public.
(2) The producer of a phonogram as well as a person who has been granted the exclusive right to reproduce a phonogram protected by this Act, may place the Latin letter "C" surrounded by a circle at a suitable place on the copies of the work in front of their names or titles, or the year of the first publication.
(3) (New, SG No. 99/2005) Confiscation in favour of the state of the object of infringement referred to in Article 97, Items 8 and 9 of Paragraph (1) and its erasure from the electronic medium on which it was reproduced.
§ 1a. (New SG. No. 28/2000) (1) It is not permitted to acquire, appropriate, or keep for commercial purposes durable material media containing copyright-protected objects which have been reproduced in violation of the law.
(2) The durable material media under paragraph (1) shall be seized in favour of the state on the basis of an act issued by the relevant penal administrative body, or by the court, and shall be delivered to be destroyed by the bodies of the Ministry of the Interior.
§ 2. For the purposes of this Act:
1. "making available to the public of a work" means the bringing of the publication with the consent of its author to the attention of an unlimited number of persons for the first time, irrespective of the form or manner in which this may be done;
2. "publishing a work" means the bringing of a work to the attention of an unlimited number of persons through reproduction and distribution of its copies, including in the form of audio or video recordings, the number of which shall be adequate depending on the nature of the work;
3. (amended SG. No. 28/2000, 77/2002) "reproduction of a work" shall mean duplicating directly or indirectly the work or part thereof in one more copies, in any manner and in any form, permanent or temporary, including saving the work in a digital form on an electronic medium;
4. (amended, SG. No. 77/2002, SG No. 99/2005) "distribution of a work" means the sale, exchange, donation, renting, as well as storage in commercial quantities, and the offer to sell or rent originals or copies of the work;
5. (amended, SG. No. 28/2000, SG No. 99/2005) "broadcasting of a work by wireless means" shall mean its broadcasting on radio and television by ground, as well as its incorporation in an incessant communication chain leading to a satellite and from there back to Earth through signals bearing programmes, under the control and at the responsibility of the broadcasting organisation with a view to its reception, either directly or individually by the public, or through the mediation of organization different from the broadcasting authority;
6. (amended, SG. No. 28/2000, supplemented, SG. No. 77/2002, SG No. 99/2005) "users of a work" shall be natural or legal persons such as publishers, theatres, concert organizers, radio or television organizations, cable operators, public catering and entertainment establishments, producers of phonograms, film producers, Internet content providers, and others who bring the work to the attention of readers, viewers and listeners directly or through the services of distributors;
7. "an audio recording" shall mean the fixing on a lasting material medium of a sequence of sounds in such a manner as would permit their listening, reproduction, re-recording and broadcasting by wireless, cable or other technical means;
8. "a phonogram" shall be the product of audio recording;
9. "architectural works" shall mean buildings and other equipment and their elements, durable objects of the synthesis of architecture with other arts, as well as durable interior decorations which meet the general terms under Article 3, paragraph 1.
10. (new, SG No. 10/1998, amended SG. No. 28/2000) "a means of decoding" shall stand for any device, appliance, mechanism or decoding card which has been made or specially adapted to provide by itself, or in combination with others, access to an encoded signal in the form before the encoding has taken place.
11. (new SG. No. 28/2000) "an encoded signal" shall mean any radio or TV signal which is broadcast, transmitted, re-broadcast or retransmitted through any technical means whose characteristics have been deliberately modified to restrict access to the signal for a specified audience alone;
12. (new SG. No. 28/2000, repealed SG No. 99/2005).
13. (new, SG. No. 77/2002) A "database" is a combination of individual works, data, or other material arranged systematically or methodically and individually assessable by electronic or other means; the computer software used for the creation or functioning of databases, the recordings of individual audio-visual, literary, or musical works, as well as the compilation of audio recordings of music works on compact discs shall not be considered databases under this Act.
14. (new, SG. No. 77/2002) "technical means of protection" shall be any technology, device, or component which could, in the course of normal usage, present or restrict actions not authorized by the holder of a right that is protected under this Act in respect of works or other objects protected under this Act if the use of such means enables control over the work by the right-holder by means of an access code, blurying, or other modification of the object or the mechanism for control over the copy.
15. (new, SG No. 99/2005) "rental of protected objects" means giving for use for a certain period of time for direct or indirect economic benefit;
16. (new, SG No. 99/2005) "lending of protected objects" means giving for use for a certain period of time not for direct or indirect economic benefit when this is effected by publicly accessible establishments, does not mean lending in the sense of this Act.
a) provision of works or other objects of rights under this law, without these leaving the premises of the lessee establishment or between separate publicly accessible establishments;
b) provision of phonographs or film copies for the ends of their legal use, public performance, broadcasting by wireless or transmission by cable;
c) provision of works of graphic and plastic art, as well as photographs for public demonstration;
17. (new, SG No. 99/2005) "professional defence organizations" means non-governmental organisations whose membership consists, entirely or principally, of holder of copyright or neighbouring rights and which are, in pursuance to their statutes, authorised by their members to defend their rights against infringement, as well as the legal persons that represent an international organization of such character in the country.
§ 3. (Amended SG. No. 28/2000, supplemented, SG No. 99/2005) The definitions contained in items 1, 2, 3, 4, and 5 of the preceding paragraph shall also apply to the objects under Article 72 and under Chapter Eleven "a".
§ 4. (1) Each copy of a work of fine art signed personally by its author shall be considered an original. The number of originals shall be established by the author and shall be announced in a suitable manner at the first announcement of the work, and cannot be the subject of subsequent change. Each copy shall carry a successive number.
(2) (Repealed, SG No. 99/2005).
§ 5. (1) The amount of compensation due to the proprietors of copyright and neighbouring rights on the use of works, performances, phonograms, radio and television programs shall be negotiated in a contract between the proprietors of the rights and the users.
(2) Whenever use is negotiated by an organization conducting collective management of rights, the amount of compensation shall be set out in a contract between that organization and the users or their associations.
§ 5a. (New, SG. No. 77/2002, repealed, SG No. 74/2005).
§ 5b. (New, SG No. 99/2005 - effective as from the date of entry into force of the Treaty concerning the Accession of the Republic of Bulgaria to the European Union ) The provisions of this Act pertaining to the European Union Member States shall also apply to other countries from the European economic space.
§ 5c. (New, SG No. 99/2005) (1) (Supplemented, SG No. 73/2006) The Ministry of Culture, in conjunction with the Ministry of the Interior, the Ministry of Justice, the Customs Agency and the Patent Office of the Republic of Bulgaria and other institutions, determined by the Council of Ministers shall develop and maintain a National System for exchange of information in the field of copyright and neighbouring rights, as well as intellectual property, which ensures interaction and exchange of data related to the protection of rights of works subject to Article 72 and subjects of industrial property.
(2) The management, control and utilisation of the system referred to in Paragraph (1) shall follow a procedure determined by the Council of Ministers.
(3) The funds for introduction, maintenance, exploitation and development of the system shall be provided by the budgets of the institutions referred to in Paragraph (1).

TRANSITIONAL AND CONCLUDING PROVISIONS

§ 6. (1) (Amended, SG. No. 28/2000) This Act shall also apply to works, performances, phonograms, radio and television programs made or performed prior to the entry into force of this Act unless the respective protection periods have expired.
(2) Copyright acquired prior to the entry into force of this Act shall remain in force.
§ 7. The authors of literary texts which have been used without their consent in musical works pursuant to Article 7 "b" of the Copyright Act of 1951, may not prevent the further use of the musical work together with the text if it has already been made available to the public together with it.
§ 8. (1) The Copyright Agency is hereby dissolved.
(2) The property of the Copyright Agency shall be transferred to the Ministry of culture.
(3) The Council of Ministers shall determine the terms and procedures for the distribution of the property of the Agency among the organizations under Article 40 of this Act.
§ 9. This Act hereby revokes:
1. The Copyright Act (promulgated, Izvestia, No. 92/1951, corrected, No. 10/1952, amended, No. 55/1956, amended, State Gazette, No. 35/1972 and No. 30/1990).
2. Article 270 through 278 of the Obligations and Contracts Act (promulgated, State Gazette, no. 275 of 1950, corrected, no. 2 of 1951, amended, no. 69 of 1951, no. 92 of 1952, no. 85 of 1963, no. 27 of 1973, no. 16 of 1977, no. 28 of 1988, no. 30 of 1990 and no. 12 of 1993).
§ 10. This Act shall enter into force on August 1, 1993.
§ 11. The implementation of this Act is assigned to the Council of Ministers.
This Act was adopted by the 36th National Assembly on June 16, 1993 and was sealed with the State Seal.

CONCLUDING PROVISION to the Act on Amending and Supplementing the Copyright
and Neighbouring Rights Act
(SG No. 10/1998)
§ 4. (Repealed, SG No. 28/2000).
TRANSITIONAL AND CONCLUDING PROVISIONS
to the Lev Redenomination Act
(SG, No. 20/1999, supplemented No. 65/1999, effective 5.07.1999)
........................................................................
§ 4. (1) (Amended, SG No. 65/1999) Upon the entry of this Act into force, all figures expressed in old lev terms as indicated in the laws which will have entered into force prior to the 5th day of July 1999 shall be replaced by figures expressed in new lev terms, reduced by a factor of 1,000. The replacement of all figures expressed in old lev terms, reduced by a factor of 1,000, shall furthermore apply to all laws passed prior to the 5th day of July 1999 which have entered or will enter into force after the 5th day of July 1999.
(2) The authorities, which have adopted or issued any acts of subordinate legislation which will have entered into force prior to the 5th day of July 1999 and which contain figures expressed in lev terms, shall amend the said acts to bring them in conformity with this Act so that the amendments apply as from the date of entry of this Act into force.
........................................................................
§ 7. This Act shall enter into force on the 5th day of July 1999.
ACT ON THE AMENDMENTS AND SUPPLEMENTS
TO THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT
Promulgated SG No. 28/4.04.2000
Amended SG No. 107/28.12.2000
TRANSITIONAL AND CONCLUDING PROVISIONS
§ 51. (1) This Act shall also apply to the works and objects under Article 72, made or performed prior to the entry into force of this Act, unless the protection periods stipulated therein have expired.
(2) The right-holders may not have any claims on their works being used at a time when the protection period for these works had expired under the then effective legislation.
(3) (New SG No. 107/2000) The persons described in Article 62, paragraph 1 shall be holders of copyrights over film and other audiovisual works that have been created prior to the entry into effect of this Act.
(4) (New SG No. 107/2000) The persons who hold rights over films under Article 16, paragraph 1 of the repealed Copyright Act of 1951 may only enjoy the rights under Chapter Ten "a."
(5) (New SG No. 107/2000, supplemented, SG No. 99/2005) The producer rights under Chapter Ten "a" of persons under paragraph 4 above over films produced by the Bulgarian Cinematography State Enterprise (Chief Directorate, State Concern, Creative - Economic Association), the Boyana Feature Film Studios, the Sofia Cartoon Studios, and the Vreme Science and Documentary Film Studios shall be transferred to the National Film Centre.
(6) (New SG No. 107/2000) The persons who are holders of producer rights pursuant to paragraph 4 and 5 above may use such films without contract with the copyright holders until July 1, 2001 by paying compensation for each such use in an amount and on terms of payment that shall be negotiated with the respective organization for collective management of copyright.
§ 52. This Act hereby revokes § 4 of the concluding provision of the Act on the Amendments and Supplements to the Copyright and Neighbouring Rights Act (SG No. 10/1998).
§ 53. Throughout this Act, the words "the Ministry responsible for culture" shall be replaced by "the Ministry of Culture".
§ 54. (1) This Act shall enter into force one month after being promulgated in the "State Gazette", with the exception of § 8 which shall become effective as of January 1, 2001.
(2) The Council of Ministers shall enact a Regulation on § 8 within six months from the date of entry into force of this Act, which shall apply as of January 1, 2001.
ACT ON AMENDING AND SUPPLEMENTING
THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT
Promulgated SG No. 77/09.08.2002 (effective 1.01.2003)
TRANSITIONAL AND CONCLUDING PROVISIONS
§ 38. (1). The provisions in Article 93c shall apply also in respect of the databases or parts thereof which were created prior to the entry into force of this Act if the terms under Article 93c have not expired.
(2) The holders of rights under Article 93c may not make claims regarding actions that have been carried out prior to the entry into effect of this Act.
§ 39. The Council of Ministers shall adopt the regulations under 14 and 37, item 2 before 1 January 2003.
§ 40. This Act shall enter into effect on 1 January 2003 with the exception of 39, which shall enter into effect on the day of this Act's promulgation in the State Gazette.
ACT ON AMENDING AND SUPPLEMENTING
THE COPYRIGHT AND NEIGHBOURING RIGHTS ACT
Promulgated SG No. 99/9.12.2005 (effective 10.01.2006) .............................................................................
§ 56. Everywhere in the act the words "Ministry of Culture and Tourism", shall be replaced by "Ministry of Culture".
TRANSITIONAL AND CONCLUDING PROVISIONS
§ 57. (1) The provisions of §1 concerning Article 6 and of § 21 concerning Article 72b shall also apply to the works and objects referred to in Article 72, created or effected before the enforcement of this Act.
(2) The provisions of § 4 concerning Article 20 and of § 5 concerning Article 20a shall apply for resales effected after the enforcement of this Act.
§ 58. (1) A sale or another deal effected on the territory of a European Union Member State outside the Republic of Bulgaria before the enforcement of Item 1 of § 3 shall not lead to termination of the right of distribution referred to in Article 18a (1).
(2) Claims based on the provisions of § 37 concerning Article 94a and of § 38 concerning Article 95 may be filed in case the verbal competitions at first instance have not ended by the enforcement of this Act.
(3) The provisions pertaining to the evidence and conditions for their acceptance referred to in Article 95c and Article 95d shall also apply as regards facts that have originated before the enforcement of this Act.
§ 59. Administrative and administrative penal procedures opened prior to the enforcement of this Act shall be concluded by the previously existing procedure.

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