Bulgaria

Owned by Ariadna
Last updated: Apr 30, 2024
2 min read

Overview

‘Other photographs’ related rights

No

Overview

Implementation is still in the proposal stage. Although Bulgarian law does not recognise protections for non-original photographs, the government decided to implement Article 14 by adding faithful reproductions of visual works to the list of works that do not attract copyright protection (such as normative acts, news of the day, works of folklore, etc). Initially, the proposed amendment did not extend to neighbouring rights, but the latest version now extends to neighbouring rights.

Scope

 

Retroactivity

 

Statutory Law

Source language

English

Provision on copyright 

 

 

Revised provision on copyright 

Член 4. 

Не са обект на авторското право:

  1. нормативни и индивидуални актове на държавни органи за управление, актовете на съдилищата, както и официалните им преводи;

  1. идеи и концепции;

  1. фолклорни творби;

  1. новини, факти, сведения и данни.

  1. (proposed text) материали, получени чрез възпроизвеждане на произведения по чл. 3, ал. 1, т. 5 - 10 с изтекъл срок на времетраене на авторското право.

Article 4.

Not subject to copyright:

  1. normative and individual acts of state bodies, the acts of the courts, as well as their official translations;

  1. ideas and concepts;

  1. works of folklore;

  1. news, facts, information and data.

  1. (proposed text) materials obtained by reproduction of works under art. 3, para. 1, items 5 - 10 (visual works) for which copyright has expired.

Comments / analysis

The addition is meaningless and confusing, able to compromise the technological neutrality of the general provisions of the Copyright Act concerning originality of works. What could be (and wasn’t) addressed is a recent (from 2019) addition in the Cultural Heritage Act, where the regime of use of certain items of cultural heritage (i.e. recently discovered archeological sites) was literally referenced to be governed by the rules of the Copyright Act.

Provision on related rights for “other photographs”

 

 

Revised provision on related rights for “other photographs” 

 

 

Comments / analysis

 

Takeaways

Limitations for CHIs

 

Reflections

 

Sources

Open GLAM Examples