Law on Copyright and Neighbouring Rights
Promulgated, SG No. 56/1993, Amended, SG No. 63/1994, Amended and Supplemented, SG No. 10/1998
PART ONE
COPYRIGHT
Chapter one
GENERAL PROVISIONS
Subject of the Law
Article 1
This Law 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;
(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, encyclopedias, 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 endeavours 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 Law.
Presumption of Authorship
Article 6
Art. 6. Until proved otherwise, the person whose name or other identifying mark is inscribed in the customary manner on the literary, artistic or scientific work, shall be considered its author.
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
Article 10
Copyright over periodicals 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, Encyclopedias, Dictionaries, Anthologies, Bibliographies and Data Bases
Article 11
(1) Copyright over collections, encyclopedias, dictionaries, 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 Law;
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 Law 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. transmission of the work by cable or other technical means;
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. revision of the work. Revision shall be 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.
(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) The first sale or other transaction, performed by the copyright proprietor or with his consent, with which the ownership of the original of the work or a copy thereof is transferred, shall terminate the right to distribute that work or copy, with the exception of the right to permit their further leasing. This provision shall not prejudice the rights under Article 20.
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.
Rights at Subsequent Sales
Article 20
(1) For a second and subsequent sales of the original of a work of fine art, sculpture or engraving through an intermediary or at a public auction, the author shall be entitled to compensation to the amount of five per cent of the selling price, unless a higher percentage has been agreed upon.
(2) The intermediary or auction organizer shall inform the author two months prior to the sale of the work and shall pay him the compensation due either directly or through an organization conducting collective copyright management.
Permitted Cable Transmissions
Article 21
The permission for wireless broadcasting of a work shall include a permission to broadcast the work by cable or other technical means 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. Satellite
Permitted Transmission by Telecommunications
Article 22
The permission to broadcast a work by wireless means shall include the right to transmit the work by signal to a telecommunications satellite permitting its reception through an intermediary organization different from the transmitting authority. This shall be subject to the author’s agreement to grant the receiving organization the right to broadcast the work by wireless means, to transmit it by cable or another technical mean, or to present it to the public in another manner. In this case no compensation shall be required from the transmitting organization.
Chapter five
FREE USE OF WORKS
Permissible Free Use
Article 23
No permission from the author and no compensation shall be due in the case of:
1. the use of quotations from works by other persons provided that due indication is given of the source and name of the author if it is disclosed. Quotations shall be made in the customary manner and their volume shall be justified by their purpose;
2. the use of parts of published works or of a moderate number of small works in other works in such a volume as is necessary for the purposes of an analysis, commentary or another kind of scientific research. Such use shall be permissible only for scientific and educational purposes, shall include reference to the source and name of the author, and only when it does not prejudice the normal use of the work and does not result in unjustified damage to the legitimate interests of the authors;
3. 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;
4. 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;
5. reproduction of works that are on permanent display on streets, squares and other public places without their being subjected to mechanical contact copying, as well as their broadcasting by wireless means, by cable or other technical means, if this is done for the purpose of providing information or for other non-commercial purposes;
6. the public 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;
7. reproduction by copier or other similar means of parts of published works or of small works, as well as the recording of parts of films and other audio-visual works on audio or video carriers by educational institutions and their use for educational purposes;
8. reproduction of works already made available to the public through Braille script or similar method if this is done for non-profit purposes;
9. reproduction in small quantities of already published works, with the exception of computer software and data bases, by using copier, photographic or other means by public libraries, document centres, research institutions, etc., if this is done for scientific purposes or to preserve the works and if the copies are not circulated outside the framework of the organization which has made them;
10. use of details, fragments and individual components of buildings and architectural designs by providing reference to the name of the author if such has been disclosed. Such uses shall conform to the customary practice and their volume shall not exceed that justified by the purpose.
Permitted Recording for Single Transmission
Article 24
Radio and television organizations granted by the author the right to broadcast his work by wireless means shall be entitled to make an audio or video recording for the purposes of the single broadcast without seeking the consent of the author and without providing separate compensation to him for such recordings. A subsequent transmission of such a recording shall be permitted only with the consent of the author and for compensation as provided by Article 40.
Free Copying for Personal Use
Article 25
The copying of already published works shall be made without the consent of the author and without compensation only if it is done for personal use. This shall not be valid for computer software and architectural designs.
Compensation for Recordings for Personal Use
Article 26
(1) The authors of works recorded on sound or video carriers, as well as the performers whose performances have been recorded and the producers of such recordings shall be entitled to compensation whenever their recordings are recorded for personal use.
(2) The compensation under paragraph 1 shall be due from the persons who manufacture or import blank audio or video carriers. The compensation shall amount to five per cent of the manufacturer’s price of the carriers produced in the country, or of the customs dutiable value of imported carriers.
(3) The compensation payments shall be made to a designated by the ministry responsible for culture organization, which shall then distribute them among the organizations representing the individual categories of copyright proprietors. Prior to any such distribution, twenty per cent of all sums collected shall be turned over to the ministry responsible for culture to be used for the purposes of culture.
(4) The distribution of the sums thus collected among the various categories of copyright proprietors shall be made on the grounds of an agreement between the organizations carrying out the collective management of the individual kinds of copyrights. All disputes arising out of such distribution shall be settled under § 5, paragraph 2 of the Additional Provisions.
Chapter six
DURATION OF COPYRIGHT
General Rule
Article 27
(1) Copyright shall be protected for the life of the author and fifty 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
Copyright over anonymous or pseudonymous works shall be protected for fifty 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, the provisions of the preceding article shall apply.
Films
Article 29
(1) Copyrights over films or other audio-visual works shall be protected for fifty years after the work was made available to the public.
(2) In the event that such a work was never been made available to the public, the term specified paragraph 1 shall commence from its making.
Collected Works
Article 30
Copyrights over encyclopedias, periodicals and other works under Article 3, paragraph 2, item 3 shall be protected for fifty years after their publication.
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 Law on Inheritance.
(2) Copyrights may be inherited until the term of their protection expires.
Exercising Rights in the Absence of Heirs
Article 33
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 responsible for culture. In the event that the deceased author had been member of an organization conducting collective management of rights under this Law, 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.
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 Law.
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) All organizations under paragraph 1 shall submit to the ministry responsible for culture a copy of the court ruling of incorporation and of any subsequent changes thereof within one month. The ministry responsible for 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) The organizations under paragraph 1 may represent their members in court whenever the rights they manage are to be protected.
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 Law.
(2) 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: to publish it, to reproduce it in another manner and to circulate it. 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. the publisher has been granted the right to publish the work in a circulation of no less than three thousand copies, and 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) The provisions of this section shall apply to contracts for reproduction and distribution of phonograms inasmuch as the author has not transferred the management of some of these rights to a collective management organization.
(2) Unless provided for otherwise in a contract, it shall be assumed that:
1. the user shall make the recording within one year of the date when the author handed over the work in a form permitting its recording, and for reproduction and distribution, within one year after the recording was made;
2. the user has been granted the right to reproduce the work in a circulation higher than three thousand copies;
3. the user shall provide to the author five copies of each manufactured version of the sound carriers free of charge.
(3) 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, cable or other technical means. 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. the author’s compensation shall amount to ten 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
The provisions of items 1, 2, and 3 of Article 56 shall also apply to contracts on broadcasting by wireless, cable or other technical means 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
Consent on the public performance, live or recorded, on broadcasting by wireless, cable or other technical means 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.
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) Copyright over films and other audio-visual works shall belong to the director, the author of the screenplay and the director of photography.
(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 its financing.
Contracts on Production and Use
Article 63
(1) The authors under Article 62 shall conclude with producers written contracts that, unless agreed upon otherwise or provided for otherwise in this Law, shall be deemed to grant producers the exclusive right to reproduce, show publicly, broadcast by wireless, cable or other technical means, reproduce and distribute on video carriers, 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) Should a producer become bancrupt, 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) In the event that the producer decides to destroy the starting materials for the final version he must before that offer these materials gratuitously to the persons under Article 62, paragraph 1.
Secondary Use
Article 64
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, cable or other technical means, to reproduce it on video carriers 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 Law.
Compensation
Article 65
(1) The director, the author of the screenplay, the director of photography and the composer shall be entitled to separate compensation 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.
(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) Irrespective of the compensation under paragraph 3, the authors under paragraph 1 shall be entitled to a percentage of every revenue of the producer.
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
The transfer of ownership over works of fine art and photographic works or works expressed by a process analogous to photography, and over architectural designs shall include, unless agreed upon otherwise in writing, the transfer of the right to public display of the said works.
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. 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 with translated programming code, nor for any other actions that may violate copyrights over the software.
PART TWO
NEIGHBOURING RIGHTS
Chapter eight
GENERAL PROVISIONS
Proprietors and Objects of Neighbouring Rights
Article 72
Performing artists shall enjoy rights neighbouring copyright over their performances, producers of phonograms over their recordings and radio and television organizations over their programs.
Exercising Neighbouring Rights through Collective Management Organizations
Article 73
Economic rights of performing artists, producers of phonograms and 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
Legal Licenses
Article 74
A performing artist is a person who presents, sings, plays, dances, recites, acts, directs, conducts, comments upon or performs in another manner a work, circus or variety show number, or one in a puppet show.
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. the broadcasting of a performance of his by wireless, cable or other technical means, as well as a sound or video recording of the performance, the reproduction of the recording on audio or video carriers and their distribution;
2. public performance, broadcasting by wireless, cable or other technical means of such recordings.
(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) Unless agreed upon otherwise in the contract between the performing artist and the producer of sound recordings, it shall be deemed that the producer has been granted the exclusive right in this country and abroad to reproduce on sound carriers the recorded performances, to distribute them and to permit their broadcasting by wireless, cable or other technical means or to publicly broadcast them on audio equipment or in another manner.
Secondary Use
Article 77
The amount of compensation of the performing artists and producers of sound recordings for broadcasting by wireless, cable or other technical means 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) Unless agreed upon otherwise in the 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, cable or other technical means, and to reproduce and distribute it on video carriers.
(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 part.
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) The names of artistic groups shall be registered by a body and in a manner established by the Council of Ministers.
(2) The name registered under paragraph 1 shall not be used by other groups.
(3) 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.
(4) Disputes over similarities of names, or over which group was the first to use a name, shall be settled by the courts.
(5) 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
The provisions of Article 18, paragraph 4, Articles 21, 22, Article 23, items 4, 6, 7, and 8, Articles 24 through 26, Articles 32 through 34 and Article 37 shall be applied regarding the rights of the performing artists.
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. the import and export of copies of the phonogram, irrespective of whether they have been manufactured legally or in violation of the rights under item 1;
3. public performance and broadcasting by wireless, cable or other technical means.
(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 carriers and their jackets whenever recordings made by him are reproduced and distributed.
(2) Until proved otherwise, the person whose name, title or other identifying mark is inscribed on the phonogram in the customary manner shall be considered the producer of that recording.
Secondary Use
Article 88
The compensation to producers of phonograms which have already been made available to the public for broadcasting by wireless, cable or other technical means, 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
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 published, or if the phonogram is not published, as of the beginning of the year following the year when the phonogram was made.
Application by Analogy
Article 90
The provisions of Article 18, paragraph 4, Article 21 and 22, Article 23, items 4 and 7, Article 25 and Article 26 shall apply regarding the producers of phonograms.
Chapter eleven
RIGHTS OF RADIO AND TELEVISION ORGANIZATIONS
Content of Rights
Article 91
(1) Radio and television programs may be broadcast or re-transmitted by wireless, cable or other technical means, recorded, reproduced and distributed by other persons only with the consent of the radio and television organization which conducted the first broadcasting or transmission of the program, and the name of that organization shall be duly announced.
(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.
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
The provisions of Article 23, items 4 and 7 and Article 25 shall apply to radio and television organizations.
Certifying the Right to Manufacturing and Distribution
Article 93a
(New, SG 10/1998)
(1) All audio- and video carriers, compact disks and laser disks shall be manufactured with a banderole sign (sticker) with optical (special) protection.
(2) The banderole sticker shall certify the right to reproduce and distribute objects of copyright and the neighbouring rights with respect to the permament material carriers under para 1.
(3) The banderole sticker shall contain details as per a format approved through an order by the Minister of Finance.
(4) The terms and conditions for the introduction of the banderole sticker with optical (special) protection shall be determined in a Regulation of the Council of Ministers.
PART THREE
PROTECTION OF COPYRIGHT AND NEIGHBOURING RIGHTS
Chapter twelve
PROTECTION BY CIVIL LAW
Action for Compensation
Article 94
Whoever violates copyright or a neighbouring right shall be owe compensation for the damages incurred to the proprietor of the right or the person to whom exclusive user rights have been granted.
Other Actions
Article 95
Whenever a work, performance, phonogram, video recording, a radio or television program are used in violation of the provisions of this Law, 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. restraining the illegitimate use;
2. seizing and destroying illegitimately produced copies of the work, including negatives, master copies, printing forms and others used for the purposes of copying;
3. seizing and putting out of operation the copying and reproducing equipment used exclusively for committing violations;
4. receiving the objects under item 2 at cost price with this amount being deducted from the compensation due to him.
Competent Courts
Article 96
Disputes arising out of the application of this Law shall be settled by the district courts.
Chapter thirteen
PENAL ADMINISTRATIVE PROVISIONS
Penalties
Article 97
(Amended, SG 10/1998)
Whoever commits the following in violation of this Law:
1. reproduces and distributes for commercial purposes video carriers with recordings of films or other audio-visual works;
2. reproduces and distributes for commercial purposes audio carriers with recordings of works;
3. organizes in any manner whatsoever public showings of films or other audio-visual works;
4. offers commercially sound or video recording services to third parties consisting of the preparation of single copies of works or other objects protected by this Law;
5. organizes live or recorded public performance or presentation of a work;
6. broadcasts by wireless, cable or other means works or a radio or television program;
7. publishes or distributes commercially already published works;
8. distributes or owns a computer program knowing or having grounds to suppose that this is illegal,
shall be liable to a fine from BGN 200 to BGN 2,000, unless the violation is punishable by a more severe penalty.
(2) 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 from BGN 1,000 to BGN 5,000 and the object of the violation shall be seized in favour of the state.
(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) Organizations conducting collective management of rights under this Law which act in violation of Article 40, paragraph 4 shall be fined from BGN 200 to BGN 2,000.
Issuing Fine Tickets and Penal Ordinances
Article 98
(1) The fine tickets establishing violations under Article 97 shall be issued by bodies duly empowered by the minister responsible for culture.
(2) Penal ordinances shall be issued by the minister responsible for culture or by other persons authorized by him.
(3) The establishment of the existence of violations, the issuing, appeal and execution of penal ordinances shall be conducted under the Law on Administrative Violations and Penalties.
(4) The funds raised under Article 97 shall be spent only for the development of culture and for the protection of copyrights. The Council of Ministers shall determine the manner and terms of their distribution.
PART FOUR
APPLICABLE LAW
Applicable Law for Literary, Artistic and Architectural Works
Article 99
(1) This Law shall apply to:
1. works whose authors are citizens of the Republic of Bulgaria or permanent residents thereof regardless of where the said works have been published for the first time;
2. works whose authors are nationals of a state with which the Republic of Bulgaria is bound by a copyright treaty, or persons residing permanently in such a country regardless of where the said works have been published for the first time;
3. 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;
4. 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 Law 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.
Applicable Law for Performances
Article 100
(1) This Law shall apply to the performances of performing artists who are citizens of the Republic of Bulgaria or are permanent residents thereof irrespective of where such performances have been made.
(2) This Law shall apply to the performances of foreign performing artists in the territory of the Republic of Bulgaria.
Applicable Law for Recordings and Programs
Article 101
This Law shall apply to phonograms and radio and television programs made by natural persons who are citizens of the Republic of Bulgaria or are permanent residents thereof, or by legal persons whose seat is in the territory of the country, 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.
Application of Treaties
Article 102
The rights of foreign performing artists, producers of phonograms and radio and television organizations 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.
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 Law, 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 Law, 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.
§ 2. For the purposes of this Law:
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. “reproduction of a work” means the copying of the work or part thereof on a material carrier, irrespective of its form in one or more copies;
4. “distribution of a work” means the sale, exchange, donation, renting or loaning, the import and export, as well as the offer to sell or rent originals or copies of the work. The renting or loaning of works of architecture, applied art and crafts shall not be considered as distribution under this Law;
5. “broadcasting of a work by wireless means” shall mean its broadcasting on radio or television, as well as its transmission by signal to a telecommunications satellite;
6. “users of a work” shall be natural or legal persons such as publishers, theatres, concert organizations, radio or television organizations, public catering and entertainment establishments, producers of phonograms, manufacturers of video recordings 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 carrier 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) “compact disks and laser disks” shall include CD, CDR, CD-ROM, CDU, DBD and all other carriers where information is recorded and read in a similar way, which exist today and may come into existence in future.
§ 3. The definitions contained in items 1, 2, 3, 4, and 5 of the preceding paragraph shall also apply to performances, phonograms and radio and television programs.
§ 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) The provision of paragraph 1 shall not apply to works of applied art, design and crafts.
§ 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.
TRANSITIONAL AND CONCLUDING PROVISIONS
§ 6. (1) This Law shall also apply to works, performances, phonograms, video recordings, radio and television programs made or performed prior to the entry into force of this Law unless the respective protection periods have expired.
(2) Copyright acquired prior to the entry into force of this Law 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 Law on Copyright 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 responsible for 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 Law.
§ 9. This Law hereby revokes:
1. The Law on Copyright (promulgated, Izvestia, no. 92 of 1951, corrected, no. 10 of 1952, amended, no.55 of 1956, amended, State Gazette, no. 35 of 1972 and no.30 of 1990).
2. Art. 270 through 278 of the Law on Obligations and Contracts (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 Law shall enter into force on August 1, 1993.
§ 11. The implementation of this Law is assigned to the Council of Ministers.