What is Copyright?
The Law on Copyright and Related Rights defines the objects of copyright, encompassing all works of literature, art, and science. These works must be the result of creative activity and expressed in any form or objective medium.
What Types of Copyright Exist?
The law outlines popular forms of works that are subject to copyright protection, though this list is not exhaustive. These typically include works in fields such as:
- Music
- Literature
- Performing arts
- Film industry
- Fine and applied arts
- Architecture
- Photography
- Graphic art, and more.
Additionally, they may also include:
- Translations and adaptations
- Periodicals and encyclopedias
- Anthologies, bibliographies, and databases
- Portraits
- Computer programs and databases created under employment law.
In addition to copyright, the law regulates a related category of rights called related rights, which provide protection to performers, producers of sound recordings, films, audiovisual works, and broadcasting organizations concerning their recorded performances, recordings, and programs, including through reproduction and distribution.
Who is Considered an Author?
An author is a natural person whose creative activity results in a specific work subject to copyright. Other natural or legal persons may hold copyright only in cases provided by law.
It is worth noting that, according to current law, the person whose name or identifying sign appears on the work (originals, copies, packaging, etc.) is presumed to be the author until proven otherwise. For anonymous or pseudonymous works, copyright is exercised by the natural or legal person who first disclosed the work with the author’s consent.
How Long is Copyright Protected?
Copyright protection lasts for the lifetime of the author plus 70 years after their death. This period starts on January 1 of the year following the author’s death or when the protected work was created, publicized, or published. After the author’s death, non-property rights (e.g., decisions about publicizing or halting use of the work) are exercised by the author’s heirs until the expiration of the copyright term. The duration may vary depending on the nature of the work.
What Rights Does the Author Have?
The author holds two types of rights: property rights and non-property rights.
- Property Rights: These include exclusive rights to reproduce, publish, perform, communicate the work to the public, adapt it, and other rights depending on the case. The author is also entitled to remuneration for third-party use of their work.
- Non-Property Rights: These encompass the right to claim authorship, make modifications, request access to their work, decide on its public presentation (e.g., under a pseudonym or anonymously), among others.
How Can Copyright Be Infringed?
Copyright infringement can occur in many ways. Under the law, infringement takes place when a person or entity engages with copyrighted material without authorization, offers it for sale or rent, or allows it to be publicly performed, among other unauthorized actions.
Infringements typically involve unregulated (unauthorized) use of works by third parties. While authors may permit free use of their work, this often involves a licensing fee agreed upon through a license agreement.
Does Copyright Need to Be Registered?
Copyright protection is automatic from the moment a work is created and expressed in material form, with no need for formal registration. Bulgarian copyright law establishes a presumption of authorship and possession of related rights. If a person is identified as the author or rights holder in the legally recognized manner, the burden of proof to challenge this presumption falls on the opposing party.
For example, voluntary submission of a work to a notary can serve as important evidence in a legal dispute regarding its creation date.
How Can IPfabrika Help?
Most copyright infringement disputes involve the rights to use and commercially exploit a work, where the copyright holder takes action against a third party claiming rights over the protected content.
Identifying an author and copyright holder of intellectual property can be a complex process. If the author cannot definitively prove authorship, they may face challenges in demonstrating unauthorized use.
At IPfbrika, we offer the following copyright protection services:
- Review and Drafting of License Agreements
- Assistance in Out-of-Court Resolution of Copyright Infringement Disputes
If you have a copyright-related case, don’t hesitate to contact IPfabrika’s experienced team.
Image: Pixels
