Copyright contracts – types and specifics

• Copyright contracts – types and specifics
• What are the real benefits?
• Copyright Registration – Steps
• What does private copying mean?
• Types of copyright contracts
• Frequently used terms and their meaning
• Trust the professionals

Copyright is a specific type of intellectual property that arises automatically with the creation of any original literary, artistic or scientific work. It grants the creator the exclusive right to control the use of his work and to receive remuneration for it. Despite the automatic nature of these rights, practice shows that oral agreements often lead to legal uncertainty and disputes.

That is why having a written contract is critically important. A copyright contract is the only secure instrument that outlines in detail the boundaries of use, terms, and territorial scope. Without it, the author remains vulnerable, and the user – without clear legal grounds. A well-drafted contract is not just a formality, but a fundamental protection that ensures that the moral and property interests of the creator are fully protected in any interaction with third parties.

What are the real benefits? 

Having a formal agreement transforms a creative collaboration into a professional business relationship with clear rules. A written document eliminates ambiguity and provides predictability for both the creative process and its implementation.

Here are the direct benefits of having a contract:

• Legal certainty and a guarantee that all conditions comply with the legislation and are defensible in court.

• Financial transparency or a clear definition of the exact amounts, terms and methods for paying royalties.

• Rights control: A professionally drafted copyright document explicitly specifies whether exclusive or non-exclusive usage rights are granted.

• Territorial and temporal scope: clearly states for what period and in which countries the work can be distributed.

• Protection of moral rights: ensures the mandatory indication of the author's name and the integrity of his work.

• All ways to terminate the relationship in the event of non-fulfillment of the commitments made are clearly regulated.

Copyright Registration – Steps

In Bulgarian law, the term "copyright registration" is technically incorrect. According to The Copyright and Related Rights Act (CRA), protection arises automatically at the moment of creation of the work, as long as it is expressed in some objective form (text, sheet music, sketch, digital file). 

It is not necessary for a government institution to issue a "title deed" for an author to have exclusive rights. More precise terms used in the legal field are "fixation" or "proving priority" (certifying that the work existed in a particular form at a particular time).

Despite the lack of a central registry, there are steps you can take to secure evidence in the event of a potential lawsuit.

Deposit at the Ministry of Culture

Although it is not a registration of the right itself, applications for registration can be submitted for certain objects (such as software or databases), which serves as administrative evidence.

Notarization of content

The most standard procedure in our country. The notary certifies the date and signature on a copy of the work, which provides you with a "credible date" in court.

Membership in collective rights management organizations (CRMs)

Registration of works with companies such as Musicaautor, Profon or Filmautor is a key step for authors in Bulgaria. They maintain databases that serve to identify rights holders.

Publishing with the international sign 

The affixing of the copyright symbol, the name of the author and the year of first publication creates a legal presumption of authorship pursuant to Article 6 of the Copyright Act.

Issuing ISBN/ISSN

For literary works, registration in the National Library "St. Cyril and Methodius" and receiving an international standard number is an official way to fix the publication in the state archive.

What does private copying mean?

„"Private copying" is a legal exception that allows any user to reproduce protected works (music, films, books) for personal, non-commercial purposes without seeking explicit permission from the author. 

This means that it is completely legal Transfer a purchased song from your computer to your smartphone or tablet. 

Since this action deprives creators of the opportunity to sell a new license for each individual device, European legislation provides for a „fair compensatory remuneration“ mechanism.

In practice, this is implemented through a small fee (percentage) charged on the import price of hardware media: smartphones, flash drives, external drives and tablets. These funds are collected by collective rights management organizations and distributed to authors. In Bulgaria, despite the existence of a legal framework, this mechanism remains non-functional. 

The lack of clear tariffs and the resistance of equipment importers lead to serious financial losses for the Bulgarian creative sector, making our country an exception within the EU. Bulgaria remains the only country in the European Union that has not yet implemented an effective compensation mechanism for "private copying".

Types of copyright contracts

Bulgarian law regulates various legal forms through which authors can make their works available for use by third parties. The choice of a specific contract depends on the nature of the work and the manner in which it will be presented to the public.

Here are the main types of contracts according to the ZAPSP:

• Contract for the use of a work: the most general type by which the author grants the right to a specific use (e.g. broadcasting, reproduction or distribution) in return for remuneration.

• Publishing contract: through it, the author grants a publisher the right to reproduce and distribute the work in printed or electronic form, with the publisher undertaking to do so at its own expense.

• Contract for public presentation or performance: used mainly in the performing arts (theater, concert, show), where the author gives consent for his work to be presented to a live audience.

• Contract for use in an audiovisual work: a specific agreement in which the authors of a script, music or direction cede their rights to the producer for the creation of a film or series.

• Commission contract: concluded before the creation of the work. The author undertakes to create a work at the request of the client, and the contract specifies who will own the rights to use it after its completion.

• Software agreement: often in the form of a license agreement (EULA), this type of agreement regulates the installation, copying, and modification of computer programs.

Frequently used terms and their meaning

Understanding legal terminology is key to properly structuring any agreement related to intellectual property. Here are some of the most commonly used terms in this field.

Copyright Assignment Agreement: this is the official term in Bulgaria. Since the author cannot "sell" his name or talent (inalienable moral rights), he cedes to the user the right to profit from his work. This can be for a certain period (e.g. 5 years) and territory.

Copyright transfer agreement: is often used as a synonym for purchase and sale. In our law, this is usually interpreted as a concession of an exclusive right. In it, the author agrees that only the buyer can use the work, and the author himself loses the right to offer it to other companies.

Copyright Agreement: a broader term often found in subscription services or software licenses. It describes the act of granting permission for access and use, often without transferring full control over the work. 

When signing such a document, it is critical to check whether you are assigning the rights exclusively (only to this client) or non-exclusively (you can sell the same work to someone else).

Trust the professionals

Intellectual property protection is a complex matter, where any incorrectly formulated clause can lead to loss of control over your work. Instead of acting independently and taking unnecessary risks, it is always better to trust experts with proven success in the field. 

The lawyers and attorneys at IPfabrika have experience with a wide variety of copyright cases – from musical and literary works to software licenses. 

A professionally drafted copyright agreement provides you not only peace of mind, but also a guarantee that your creative and economic interests are protected in the best possible way.Contact us for a consultation, to discuss your case.