COPYRIGHT AND RELATED RIGHTS ACT
 
Prom. SG. 56/29 Jun 1993 , amend. SG. 63/5 Aug 1994 , amend. SG. 10/27 Jan 1998 , amend. SG. 2
8/4 Apr 2000 , suppl. SG. 107/28 Dec 2000 , amend. SG. 77/9 Aug 2002 , amend. SG. 28/1 Apr 2005 , amend. 
SG. 43/20 May 2005 , amend. SG. 74/13 Sep 2005 , amend. SG. 99/9 Dec 2005 , amend. SG. 105/29 Dec 200
5, amend. SG. 29/7 Apr 2006 , amend. SG. 30/11 Apr 2006 , amend. SG. 73/5 Sep 2006 , amend. SG. 59/20 J
ul 2007, amend. SG. 12/13 Feb 2009 , amend. SG. 32/28 Apr 2009 , amend. SG. 25/25 Mar 2011 , amend. SG
. 21/8 Mar 2014 , suppl. SG. 14/20 Feb 2015 , amend. and suppl. SG. 28/29 Mar 2018 , amend. and suppl. SG
. 94/13 Nov 2018 , amend. SG. 17/26 Feb 2019 , amend. and suppl. SG. 47/14 Jun 2019 , amend. SG. 98/13 D
ec 2019
 
Division one.  
COPYRIGHT  
Chapter one.  
GENERAL PROVISIONS  
Subject-Matter of the Act  
Art. 1. This Act shall regulate the relationships related to the creation and distribution of literary, ar
tistic and scientific works.
 
Arisal of Copyright  
Art. 2. The copyright in literary, artistic and scientific works shall arise for the author with the creat
ion of the work.
 
Chapter two.  
SUBJECT MATTER OF COPYRIGHT  
Protected Subject Matter  
Art. 3. (1) Any literary, artistic and scientific work resulting from creative endeavour and expressed 
by any mode and in any tangible form shall be the subject matter of copyright, such as:
1. literary works, including works of scientific and technical literature, of publicity and computer so
ftware;
2. musical works;
3. performing arts works: dramatic or dramatico-musical works, entertainments in dumb show, chor
eographic, etc.;
4. films and other audio-visual works;
5. works of fine art, including works of applied art, design and national artistic crafts;
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patial plans;
7. photographic works and works created by a process analogous to photography;
8. (amend. – SG 25/11, in force from 25.03.2011) approved architecture projects, approved spatial 
planning drafts, maps, schemes, plans and others related to architecture, urban planning, geography, topogra
phy, museum research and any other area of science and technology;
9. graphic design of publications;
10. (new - SG 29/06) cadastral maps and state topographical maps.
(2) Subject matter of copyright shall be also:
1. translations and adaptations of existing works and works of folklore;
2. arrangements of musical works and works of folklore;
3. periodicals, encyclopaedia, collections, anthologies, bibliographies, databases and other similar s
ubject matter including two or more works or products.
(3) Subject matter of copyright may also be parts of the works referred to in para 1 and 2, prelimina
ry sketches, plans, etc.
 
Exceptions  
Art. 4. Shall not be considered subject matter of copyright:
1. (suppl. – SG 21/14) normative and individual acts of state government bodies, acts of the courts 
of justice and official translations thereof;
2. ideas and concepts;
3. works of folklore;
4. news, facts, information and data.
 
Chapter three.  
OWNERS OF COPYRIGHT  
Authors and Other Owners of Copyright  
Art. 5. Author shall be the natural person whose creative endeavours have resulted in the creation o
f a literary, artistic or scientific work. Other natural or legal persons may be owners of copyright only in the 
cases provided by this Act.
 
Presumption of Authorship  
Art. 6. (1) (prev. text of Art. 06, amend. and suppl. - SG 99/05, in force from 10.01.2006) Until pro
ved otherwise author of the work shall be considered to be the person whose name or other identifying mark 
is indicated on the original, copies or specimen of the work and/or on their packing in the usual manner.
(2) (new - SG 99/05, in force from 10.01.2006) Para 1 shall be also applied respectively to the own
ers of copyright in the cases referred to in Art. 10, first sentence, Art. 11, para 1, first sentence  and Art. 14
.
 
Authorship of Works Made Available to the Public under Pseudonym or Anonymously  
Art. 7. (1) The work may be made available to the public under pseudonym or anonymously.
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.(2) Until revealing the identity of the author his copyright shall be exercised by the natural or legal 
person that has made the work available to the public for the first time 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  
Art. 8. (1) Copyright in a work created by two or more persons shall belong to them jointly irrespec
tive of whether the work constitutes one indivisible entity or consists of separate parts each having individua
l significance.
(2) The consent of all authors shall be required for every single use or adaptation of the work. In ca
se of lack of agreement between the joint authors the issue shall be resolved by the court.
(3) If authorisation has been granted to use a work in a given manner, or a court ruling has been ren
dered to that effect, none of the joint authors shall be entitled without reasonable grounds to object to its furt
her use in the said manner.
(4) The compensation due to the authors for the use of their work, shall be distributed between the
m in shares by mutual agreement. At lack of agreement, it shall be considered that each of the joint authors h
as equal share. In case of disputes, the individual shares shall be determined by the court according to the co
ntribution of each of the authors.
(5) Provided that a work created by joint authors consists of components each having individual sig
nificance, each of the joint authors may authorize the individual use of his own component unless the joint a
uthors have agreed otherwise and if this does not hinder the use of the work as a whole.
 
Copyright in Translations and Adaptations  
Art. 9. Copyright in translation or adaptation shall belong to the person who has made it without pr
ejudice to the rights of the author of the original work. This shall not deprive other persons of the right to ma
ke their own translation or adaptation of the same work.
 
Copyright in Periodicals and Encyclopaedias  
Art. 10. (suppl. - SG 28/00, in force from 05.05.2000) Copyright in periodicals and encyclopaedias 
shall belong to the natural or legal person responsible for the creation and publication of the work. Copyrigh
t in the individual components included in such work, having the nature of a literary, artistic or scientific wo
rk, shall belong to their individual authors.
 
Copyright in Collections, Anthologies, Bibliographies and Databases  
Art. 11. (amend. - SG 28/00, in force from 05.05.2000) (1) Copyright in collections, anthologies, bi
bliographies, databases, etc. shall belong to the person who has collected or arranged the works and/or mater
ial contained therein, unless otherwise agreed in a contract. Copyright in the individual parts included in suc
h work, which themselves constitute literary, artistic or scientific works, shall belong to their authors.
(2) The consent of the authors shall be required for the inclusion of works or parts thereof into such 
works, unless provided otherwise by the law.
 
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.Copyright in Works of Fine Art and Architecture  
Art. 12. (prev. text of Art. 12 – SG 25/11, in force from 25.03.2011) Copyright in works of fine art 
and architecture shall belong to the person who has created those works also in case the ownership of the wo
rk belongs to another person.
(2) (new – SG 25/11, in force from 25.03.2011) The copyright in the work of architecture, created b
y implementation of a project, shall belong to the person, who has created the project.
 
Copyright in Portraits  
Art. 13. (amend. – SG 25/11, in force from 25.03.2011) Copyright in works of fine art or photograp
hy constituting a portrait of other person shall belong to the author of the work. The consent of the portrayed 
person shall be required for the creation of such work.
(2) The consent under Para 1 shall not be required, when:
1. the image has been created in the course of the public activities of the portrayed person or on a p
ublic place;
2. the image of the person is merely a detail in a work depicting a meeting, procession or landscape;
3. the portrayed person has received remuneration to pose, unless otherwise stipulated by the author 
and the portrayed person.
(3) The use of a work under Para 1 may be subject to conditions agreed between the author and the 
portrayed person.
 
Copyright in Computer Programmes and Databases Developed in Employment Relationship  
Art. 14. Unless agreed otherwise, copyright in computer programmes and databases developed in e
mployment relationship shall belong to the employer.
 
Chapter four.  
CONTENTS OF COPYRIGHT  
Section I.  
Moral Rights  
Types of Moral Copyrights  
Art. 15. (1) The author shall have the right to:
1. decide whether the work created by him may be made available to the public and to determine th
e time, place and manner in which this may be done with the exception of the subject matter under Art. 3, p
ara 1, items 4, 6 and 8  for which this right shall be arranged by contract;
2. claim authorship of the work;
3. decide whether his work shall be made available to the public under pseudonym or anonymously
;
4. require that his name, pseudonym or other identifying mark be indicated in a suitable manner wh
enever his work is used;
5. require that the entirety of his work is preserved and oppose to any modifications thereof as well 
as to any other actions that may infringe his legitimate interests or personal dignity;
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.6. modify his work, provided that this does not infringe the rights acquired by other persons;
7. access the original of the work when it is in the possession of another person and whenever such 
access is necessary for exercising moral or economic right provided by this Act;
8. stop the use of the work due to changes in his beliefs, with exception of already implemented arc
hitectural works, providing compensation for the damages incurred by persons who have lawfully obtained t
he right to use the work.
(2) (suppl. – SG 25/11, in force from 25.03.2011, amend. – SG 28/18, in force from 29.03.2018) Th
e author shall not be entitled to oppose to the wish of the owner of architectural work to destroy, reconstruct, 
superstruct or outbuild it, provided that this is undertaken in conformity with existing regulations. For clarifi
cation of the way of implementing the changes the owner of the work of architecture may submit a request t
o the respective collective management organisations which shall be obliged to provide the consultation.
 
Non-Transferability of Moral Rights  
Art. 16. The moral rights referred to in items 2 and 4 of para 1 of the preceding Article shall be non
-transferable. Transfer of other moral rights may be carried out only explicitly and in written form.
 
Exercising Moral Rights after the Death of the Author  
Art. 17. After the death of the author and until expiration of the term of copyright protection the mo
ral rights, with the exception of those referred to in Art. 15, para 1, items 6 and 8 , shall be exercised by the 
heirs of the author.
 
Section II.  
Economic Rights  
Types of Economic Copyrights  
Art. 18. (1) The author shall have the exclusive right to use the work created by him and to authoriz
e its use by other persons except in the cases when this Act provides otherwise.
(2) In the sense of para 1 as use shall be considered the actions such as:
1. reproduction of the work;
2. distribution of the original or copies of the work among unlimited number of persons;
3. public presentation or performance of the work;
4. broadcasting of the work;
5. (amend. - SG 99/05, in force from 10.01.2006) transmission and retransmission of the work by c
able;
6. public exhibition of a work of fine art or a work created by photographic or analogous method;
7. translation of the work into another language;
8. (suppl. - SG 28/00, in force from 05.05.2000; suppl. – SG 25/11, in force from 25.03.2011) adapt
ation and synchronisation of the work. Adaptation shall also be the adjustment and any alteration of the wor
k, as well as the use of the work to create a new derivative work;
9. implementation of an architectural project through building or manufacturing of the object descri
bed in it;
10. (new - SG 28/00, in force from 05.05.2000; amend. - SG 99/05, in force from 10.01.2006) com
munication by wireless means or cable, by making the work available to the public in such a way that memb
ers of the public may access it from a place and at a time individually chosen by them.
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.11. (new – SG 77/02, in force from 01.01.2003; suppl. – SG 25/11, in force from 25.03.2011) the i
mport and the export to third countries of copies of the work in commercial quantities, regardless whether th
ey have been lawfully produced or in infringement of the right referred to in item 1.
(3) Use as referred to in para 2, items 3 through 8 shall be considered to have occurred whenever th
e actions described above have been performed in a manner allowing unlimited number of people to perceiv
e the work.
(4) (revoked – SG 77/02, in force from 01.01.2003).
 
Exhaustion of the Right of Distribution  
Art. 18a. (new – SG 77/02, in force from 01.01.2003) (1) (amend. - SG 99/05) (*) The first sale or 
other transaction on the territory of the Member States of the European Union made by the owner of the cop
yright or with his consent which transfers the ownership of the original or copy of the work shall lead to exh
austion of the right of their distribution on this territory without prejudice to the right to permit their further r
enting.
(2) (suppl. - SG 99/05, in force from 01.01.2006) The provision of para 1 shall not affect the right r
eferred to in Art. 20 and Art. 22a, para 2 .
(3) The provision of para 1 shall not refer to the cases of conceding originals or copies of the work i
n digital way, in respect to the materialised copies of the work made by the recipient with the consent of the 
owner of the copyright.
 
Right of Compensation for All Types of Use  
Art. 19. The author shall have the right of compensation for all types of use of his work and for eac
h successive use of the same type.
 
Right of Compensation at Resale of Work of Art (title amend. – SG 99/05, in force from 10.01
.2006) 
Art. 20. (amend. - SG 99/05, in force from 10.01.2006) (1) At resale of original work of art when o
ne of the parties in the transaction or the intermediary is a trader of works of art, in this number art gallery a
nd auction house, the author of the work shall have the right to receive compensations from the sale price.
(2) In the sense of this article original works of art shall be the works of graphic and plastic art such 
as pictures, collages, paintings, sketches, engravings, prints, lithographs, sculpture figures, tapestries, cerami
cs, glassware and photographs, provided they are by the author himself, in this number copies considered to 
be originals according to § 4 of the additional provisions.
(3) The right of para 1 shall be inalienable except at inheriting.
(4) Para 1 shall not apply to acts of resale at price lower than the lev equivalent of 300 EURO.
(5) Para 1 shall not apply to acts of resale where the seller has acquired the work directly from the a
uthor less than 3 years before the date of the resale and where the resale price does not exceed the lev equiva
lent of 10 000 EURO.
(6) Any waiver of the right referred to in para 1 shall be invalid.
(7) The right referred to in para 1 shall continue as long as the copyright in the work is being protec
ted.
 
Payment of the Compensations at Resale of Work of Art  
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.Art. 20a. (new – SG 99/05, in force from 10.01.2006) (1) The compensations referred to in Art. 20, 
para 1 shall be determined in the following way:
1. 5 % for the portion of the sale price from the lev equivalent of 300.01 to 3000 EURO, plus
2. 4 % for the portion of the sale price from the lev equivalent of 3000.01 to 50 000 EURO, plus
3. 3 % for the portion of the sale price from the lev equivalent of 50 000.01 to 200 000 EURO, plus
4. 1 % for the portion of the sale price from the lev equivalent of 200 000.01 to 350 000 EURO, plu
s
5. 0,5 % for the portion of the sale price from the lev equivalent of 350 000.01 to 500 000 EURO, p
lus
6. 0,25 % for the portion of the sale price exceeding the lev equivalent of 500 000 EURO.
(2) Provided that before payment of the compensation the seller and/or the intermediary have paid a
ny taxes on the occasion of the resale, the sum of the taxes shall be deducted from the sale price when applyi
ng of para 1.
(3) The compensation shall be calculated for each resold subject matter separately.
(4) The total amount of the compensation for a single object cannot exceed the lev equivalent of 12 
500 EURO.
(5) The compensation shall be due jointly by the seller and the intermediary if available.
(6) The seller or the intermediary, if available, shall be obliged to notify the owner of the right refer
red to in Art. 20, para 1  about the resale in a period of two months after it and to pay him the due compensa
tion within the same period through an organization for collective management of rights or directly.
(7) The owners of the copyright and their organizations for collective management of rights may in 
a period of three years after the resale require from each trader of works of art who has participated in it to f
urnish any information that may be necessary to secure receiving of the compensation referred to in Art. 20, 
para 1.
(8) Seller in the sense of this article shall be the natural or legal person on whose behalf the sale is c
arried out.
 
Authorized Transmission over an Electronic Communication Network (Title amend. – SG 25/
11, in force from 25.03.2011)  
Art. 21. (1) (suppl. - SG 28/00, in force from 05.05.2000; prev. text of Art. 21, amend. - SG 77/02, i
n force from 01.01.2003; amend. - SG 99/05, in force from 10.01.2006; amend. – SG 25/11, in force from 2
5.03.2011) The permission for wireless broadcasting of a work shall include permission to transmit it over a
ny other electronic communication network or provision of electronic access to it as set out in Art. 18, Para 
2, Item 10  by the same organisation without paying additional compensation, provided that the transmission 
is conducted simultaneously with the broadcast, unabridged and unaltered and does not extend beyond the te
rritory of which the right to broadcast has been granted. No additional compensation shall be due, where, wit
hin the scope of the granted authorisation referred to in the previous sentence, the initial transmission, respec
tively the electronic access to the work, is provided by another organisation and this constitutes the only way 
it reaches the end consumer.
(2) (new – SG 77/02, in force from 01.01.2003; amend. - SG 99/05, in force from 10.01.2006; ame
nd. – SG 25/11, in force from 25.03.2011) Out of the cases referred to in para 1 permission for retransmissio
n of a work over all other electronic communication networks, simultaneously with the transmission or broa
dcasting, unabridged and unaltered, by another organisation, shall be given only by organisation for collectiv
e management of copyright, unless the rights to retransmission of the works have been granted to the provid
ers of media services in compliance with Art. 91, Para 5 .
(3) (new – SG 99/05, in force from 10.01.2006; amend. – SG 25/11, in force from 25.03.2011) Prov
ided that author has conceded the right of retransmission by cable his work to a producer of a phonogram or 
film or other audio-visual work, undertaking providing public electronic communication networks and/or ser
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.vices, which retransmits this work, shall owe to the author compensation separately from any other. Any wai
ver of such compensation by the author shall be invalid. The right to collect this compensation may be conce
ded by the author only to organizations for collective management of the respective category of copyrights.
(4) (new – SG 99/05, in force from 10.01.2006; amend. – SG 25/11, in force from 25.03.2011) The 
compensation referred to in para 3 shall be collected only through organizations for collective management 
of the respective categories copyrights. The amount and the method of its payment shall be determined by a
greement between these organizations and the obliged undertakings, providing public electronic communica
tion networks and/or services.
(5) (new – SG 99/05, in force from 10.01.2006; amend. – SG 25/11, in force from 25.03.2011) The 
provisions of para 2, 3 and 4 shall not impede conclusion of agreements for authorizing rebroadcasting of pr
ogrammes between radio and television organizations, implementing initial broadcasting or transmission of 
programmes of their own, and the retransmitting undertakings. Provided that the rights of retransmission of 
works included in the programmes of radio or television organizations have been duly conceded to them, the 
permission given by the organizations shall also include these rights.
 
Authorized Broadcasting in an Interrupted Chain of Communication (Title amend. – SG 25/1
1, in force from 25.03.2011)  
Art. 22. (amend. - SG 28/00, in force from 05.05.2000) (1) (amend. - SG 99/05, in force from 10.01
.2006; amend. – SG 25/11, in force from 25.03.2011) The authorization for wireless broadcasting of the wor
k shall also include the right to introduce the work into an interrupted chain of communication leading to sat
ellite and back to the earth through programme-carrying signals under the control and the responsibility of th
e broadcasting organization in a way allowing its reception by the public. It shall be admissible the reception 
of the signal by the public to be implemented through the mediation of an organization different from the br
oadcasting one only if the author has conceded to this intermediary organization the right of wireless broadc
asting, to transmit it over any type of electronic communication networks or perform it publicly in other way
. In these cases the organization sending the signal to the satellite shall not owe compensation.
(2) When the signal under para 1 is coded the authorization shall be considered granted only on the 
condition that the decryption device is provided by the broadcasting organisation or with its consent.
 
Right of Compensation at Rental or Lending  
Art. 22a. (new – SG 99/05, in force from 10.01.2006) (1) Where author of musical or audio–visual 
work has conceded his rental right of audio or video carriers containing his work to the respective phonogra
m or film producer, the person renting such carriers shall owe to the author fair compensation separate from 
any other. Any waiver of such compensation by the author shall be invalid. The right to this compensation m
ay be conceded in advance by the author through organizations for collective administration of rights or dire
ctly.
(2) At lending of works or copies of carriers containing them the authors shall have the right of com
pensation due by the person lending them.
(3) The provisions of para 1 and 2 shall not refer to the works of architecture, the applied arts and th
e national artistic crafts.
(4) Para 2 shall not be applied at lending by state and municipal cultural organizations implementin
g activity as libraries, school, university and culture centre libraries.
(5) The compensation referred to in para 2 shall be collected only through organizations for collecti
ve administration of the respective categories of copyrights. The amount and the method of their payment sh
all be determined by agreement between these organizations and the obliged persons.
 
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.Chapter five.  
FREE USE OF WORKS  
Section I.  
General Provisions (New - SG 94/18)  
Permissibility of the Free Use (title amend. – SG 77/02, in force from 01.01.2003)  
Art. 23. (amend. - SG 77/02, in force from 01.01.2003) The free use of works shall be permissible o
nly in the cases, pointed out in the law, under the condition, that the normal use of the work is not hampered 
and the legitimate interests of the owner of the copyright are not impaired.
 
Free Use Without Payment of Compensation (title amend. – SG 77/02, in force from 01.01.200
3) 
Art. 24. (amend. - SG 77/02, in force from 01.01.2003) (1) Without consent of the owner of the cop
yright and without payment of compensation shall be permissible:
1. (suppl. - SG 99/05, in force from 10.01.2006) temporary reproduction of works, having transient 
or incidental character, not having independent economic significance, constituting integral and essential par
t of the technological process and with the sole purpose to enable:
a) a transmission in a network between third parties by an intermediary, or
b) other permitted use of a work;
2. use of quotations from works of other persons already made available to the public at criticism or 
overview, pointing out the source and the name of the author, unless impossible; the quotation must comply 
with the usual practice and to be in amount, justified by the purpose;
3. use of parts of published works or of not big number of works in other works in amount, necessa
ry for analysis, commentary or other kind of scientific research; such use shall be permissible only for scient
ific and educational purposes, indicating the source and the name of the author, unless impossible;
4. use as current information in periodicals and the other mass media of speeches, reports, preaches, 
etc. and parts thereof, presented at public meetings, as well as pleading, pronounced at court procedures, indi
cating the source and the name of the author, unless impossible;
5. (amend. - SG 99/05, in force from 10.01.2006) reproduction by the mass media of articles on cur
rent economic, political and religious topics already made available to the public unless such use has been e
xplicitly forbidden, indicating the source and the name of the author, unless impossible;
6. reproduction in photographic, cinematographic or analogous way, as well as by sound recording 
or video recording of works related to current event, in order these works to be used by the mass media in li
mited extent justified by the informatory purpose, indicating the source and the name of the author, unless i
mpossible;
7. use of works, permanently exhibited at streets, squares and other public places without mechanic
al contact copying, as well as wireless broadcasting or transmitting by cable or other technical device, if don
e with informatory or other non-commercial purpose;
8. public presentation and public performance of published works in educational or other learning e
stablishments, provided that no pecuniary revenues are received and no compensation is paid to the participa
nts in the preparation and realization of the presentation or the performance;
9. (amend. - SG 99/05, in force from 10.01.2006) reproduction of already published works by publi
cly accessible libraries, educational or other learning establishments, museums and archive institutions, with 
educational purposes or with the purpose of preservation of the works, unless serving for commercial purpos
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.es;
10. (amend. - SG 94/18) the use of already publicized works benefiting persons with disabilities, if 
it is directly related to the particular disability and is not done for profit, except for the cases of Section II of 
this Chapter;
11. granting access to individuals to works, located in collections of the organisations referred to in 
item 9, under the condition, that it is done with scientific purposes and has no commercial character;
12. temporary recording of work by radio- and television organisations, to which the author has gra
nted the right to use the work, carried out by their own technical devices and for the needs of their own prog
rammes within the margins of the granted authorization; records of important documentary value can be pres
erved in official archive;
13. use of works for the purposes of the national security, in the court- or administrative procedures 
or in the parliamentary practice;
14. use of works during religious ceremonies or at official ceremonies, organised by the public auth
orities;
15. (amend. – SG 25/11, in force from 25.03.2011, amend. – SG 28/18, in force from 29.03.2018) u
se of a building, which is work of architecture, or of a plan of such building for the purpose of its reconstruct
ion, carried out following coordination with the respective collective management organization.
(2) The provisions of para 1 shall not refer to the computer software. The provisions of Art. 70 and 
71 shall be applied thereto.
 
Free Use with Payment of Compensation (title amend. – SG 77/02, in force from 01.01.2003)  
Art. 25. (amend. - SG 77/02, in force from 01.01.2003) (1) (amend. - SG 99/05, in force from 10.01
.2006) Without consent of the owner of the copyright but upon payment of fair compensation shall be admis
sible:
1. reproduction with non-commercial purposes of printed works, except note materials, on paper or 
other similar carrier by reprography or other technique, ensuring similar result;
2. reproduction of works, regardless of the carrier, by a natural person for personal use unless done 
with commercial purposes.
(2) The provision of para 1, item 2 shall not refer to computer software and architectural works. For 
the computer software shall be applied the provisions of Art. 70 and 71.
 
Binding of the Free Use with the Preservation of the Technological Measures for Protection  
Art. 25a. (new – SG 77/02, in force from 01.01.2003) (1) (prev. text of Art. 25a – SG 99/05, in forc
e from 10.01.2006) The use of works under Art. 24, para 1  and Art. 25, para 1  cannot be carried out in a w
ay, which is accompanied with removal, damaging, destroying or disruption of technological measures for p
rotection without the consent of the owner of the copyright.
(2) (new – SG 99/05, in force from 10.01.2006, amend.and suppl. - SG 94/18) Users who want to b
enefit from the provisions referred to in Art. 24, para 1, items 3, 9, 10, 12 and 13, Art. 25, para 1, item 1, , 
Art. 26a and 26b for works which they have the legal right to use, but are impeded by technological measure
s for protection may request from the owner of the right to grant them the respective access in extent justifie
d by the purpose. This provision shall not apply to the cases when works or other subject matter under prote
ction have been made available to unlimited number of persons on agreed contractual terms in a way allowin
g access from a place and at a time individually chosen by each of them.
 
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.Compensation for Free Use (title amend. SG 77/02, in force from 01.01.2003)  
Art. 26. (amend. - SG 25/11, in force from 25.03.2011) (1) Authors of works, performers, producer
s of phonograms and producers of initial recordings of movies or other audio-visual works shall be entitled t
o a compensatory remuneration, where the recordings are reproduced for personal use as set out in Art. 25, 
Para 1, Item 2 . A right to compensatory remuneration shall also have the authors and publishers of any kind 
of print works, when such works are reproduced in reprographic manner for personal use under the conditio
ns of Art. 25, Para 1, Item 1 .
(2) Any waiver of the right to compensatory remuneration by the rightholders referred to in Para 1 s
hall be invalid.
(3) The remuneration referred to in Para 1 shall be due by the persons who:
1. manufacture blank information carriers;
2. import from third countries blank information carriers.
(4) The remuneration referred to in Para 1 shall be due by the persons referred to in Para 3 for sales 
of information carriers on the territory of the Republic of Bulgaria, primarily intended for reproduction of w
orks for personal use by natural persons under Art. 25, Para 1, Item 2 .
(5) The types of information carriers, which primary use is reproduction in the sense of Art. 25, Pa
ra 1, for which remuneration under Para 1 is due, and the amount of the remuneration shall be determined a
nnually by the organisations referred to in Para 8, agreed upon with representative organisations of the perso
ns under Para 3 and 4, as well as with other interested persons. In negotiating the types of carriers and the a
mount of remunerations shall be taken into account the recording capacity of the carriers and the extent of th
eir use for reproduction in the sense of Art. 25, Para 1 . The amount of remuneration shall not be lower than 
1.0 percent or exceed 1.5 percent of the supply value according to the accounting standard for processing the 
stock reserves of the respective blank information carriers. For the persons referred to in Para 3 may be nego
tiated discounts, which amounts and conditions of use shall be determined in the negotiation procedure set f
or determining the amount of the basic remuneration.
(6) (Repealed – SG 28/18, in force from 29.03.2018)
(7) (Repealed – SG 28/18, in force from 29.03.2018)
(8) (Amend. – SG 28/18, in force from 29.03.2018) The remunerations referred to in para 1, first se
ntence, and para 1, second sentence, shall be paid to organisations which shall be different for the two separa
te categories of rights, established as set out in Division "a" , by associations, representing the different cate
gories of rightholders regarding their right to compensatory remuneration and having a mechanism for indivi
dual allocation of those remunerations among their members. These organisations shall allocate the remuner
ations among their members. Before allocation 30 percent of the collected amounts shall be deduced and dep
osited to the account of the National Fund "Culture". The persons referred to in Para 3 shall be deemed to ha
ve fully performed their obligations under this article with the payment of the remunerations referred to in P
ara 1 to an organisation under the first sentence.
(9) The allocation of the collected amounts among the individual categories of rightholders shall be 
carried out in the following way:
1. regarding remunerations under para 1, first sentence:
a) a half - for the authors;
b) a quarter - for the performers;
c) a quarter - for the producers;
2. regarding remunerations under para 1, second sentence:
a) 50 percent - for the authors;
b) 50 percent - for the publishers.
(10) Compensatory remunerations for blank information carriers shall not be due, or, if collected, re
stored, when:
1. delivered from the territory of another Member State of the European Union;
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.2. delivered from the territory of a third country and already levied, without possibility for restorati
on, with a compensatory remuneration for reproduction, equivalent to the remuneration referred to in Art. 2
5, Para 1  according to the legislation of the said Member State of the European Union or the third country;
3. they are subject to transaction for export to third countries or delivery to another Member State o
f the European Union;
4. purchased in the country by a person that has legally obtained the right to make such recordings 
and has arranged the authors’ rights and related rights questions related to the recording;
5. purchased by a provider of audio-visual media services/radio services, legally carrying out his ac
tivity;
6. purchased in the country by manufacturers of movies or other audio-visual works;
7. purchased by medical establishments, specialised rehabilitation hospitals, social establishments a
nd penitentiary establishments;
8. purchased by legal persons, sole entrepreneurs or natural persons - freelancers, whose activity do
es not presuppose their use for reproduction in the sense of Art. 25, Para 1 .
(11) When compensatory remunerations have been collected and are subject to restoration, the facts 
and circumstances justifying the right to restoration shall be proved by the persons claiming it. The requests, 
accompanied by the evidence, shall be submitted to the respective organisations referred to in Para 8 within t
he time limits referred to in Para 12. The organisations referred to in Para 8 shall pronounce on the requests 
within one month from their submission. The amounts subject to restoration shall be paid by the organisatio
ns referred to in Para 8 within one month from the date of the protocol for granting the requests with the evi
dence.
(12) The persons, which under Para 4 are due compensatory remunerations, shall be obliged within 
one month from the end of every calendar six months to provide to the organisation under Para 8 a summary 
of the types and total supply value according to the accounting standard for processing the stock reserves of 
sold carriers of each type, for which compensation is due. No further detailed information may be requested 
than the information required for the purpose of allocating the remunerations referred to in Para 1 by the org
anisations referred to in Para 8. The received information shall not be made public or used for any other pur
pose except for collecting and allocating the remunerations. The remunerations shall be paid to the organisat
ions collecting them within one month from the end of the accounting period.
 
Section II.  
Special provisions for persons with disabilities that prevent them from reading printed materials (Ne
w - SG 94/18)  
Subject 
Art. 26a. (New - SG 94/18) (1) Without the consent of the right-holder and without payment of rem
uneration, the use according to the provisions of this Section of written works or related subject matter for th
e benefit of persons with disabilities that prevent the reading of printed materials.
(2) A written work or related subject matter shall be:
1. a work created in writing that has been disclosed and reproduced in accordance with this law in a
ny way and in any form, such as a book, a specialized publication, a newspaper, a magazine, a note, a music
al score and illustration;
2. an object of a related right which includes the object under item 1 or is an integral part of it.
(3) A person with a disability which prevents him from reading printed materials shall be a person 
who:
1. is blind;
2. is permanently visually impaired and otherwise print-disabled to the same extent as a person with
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.out such disability;
3. has a perceptual or reading disability and is, as a result, unable to read printed works to the same 
degree as a person without such disability;
4. is otherwise unable, due to a physical disability, to hold or manipulate a book or to focus or mov
e their eyes to the extent that would be normally acceptable for reading.
 
Creating and making available for use an accessible format copy  
Art. 26b. (New - SG 94/18) (1) The use under Art. 26a, Para. 1  of a written work or other related s
ubject matter in order to create an accessible format copy must meet the conditions as per Art. 23, must be d
irectly related to the particular disability and on a non-profit basis. The use under sentence one shall be admi
ssible:
1. through actions under Art. 18, Para. 2, items 1-5, 7, 8 and 10 ;
2. in case of lending under Art. 22a, Para. 2  and Art. 84, 90 and 90c regarding Art. 22a, Para. 2 ;
3. through actions under Art. 76, Para. 1, item 1  - on sound recording, video recording, reproducti
on of recordings and their distribution, and item 3;
4. through actions under Art. 86, Para. 1, items 1, 3 and  4, and Art. 88;
5. through actions under Art. 90a, Para. 1, items 1, 5, 6 and 8 ;
6. through actions under Art. 91, Para. 1, item 1  - on re-broadcasting, items 2, 3 and 4;
7. through actions under Art. 93c.
In the cases under sentence two, Art. 18, Para. 3  and Art. 18a shall not apply.
(2) An accessible format copy means a copy in the form or format, through which a print-disabled p
erson receives access to a written work or to another related subject matter in the same manner and to the sa
me extent as a person without disability as per Art. 26a, Para. 3 . Accessible format is the Braille alphabet, l
arge font, adapted e-book, sound recording of the content of a written work (audiobook), radio broadcasting 
and the like.
(3) An accessible format copy may be created by:
1. a person with a disability under Art. 26a, Para. 3 , personally or through a person acting on his b
ehalf;
2. a legal entity who has submitted a notification to the Minister of Culture, has its registered office 
in the Republic of Bulgaria and is:
a) a community culture centre, or
b) non-profit-making for the provision of socially useful activity for the benefit of persons with disa
bilities under Art. 26a, Para. 3 , or
c) a state or municipal cultural organization operating as a library, or
d) a special school for the training and support of students with perceptual impairments - impaired 
hearing or impaired vision.
(4) A legal entity under Para. 3, item 2 may provide a copy in an accessible format directly to a pers
on with a disability under Art. 26a, Para. 3 , or through another person under Para. 3, item 2, irrespective of 
the Member State of the European Union in which the person’s permanent address or registered office is situ
ated. In the cases referred to in the first sentence, the use shall be admissible by acting under:
1. Art. 18, Para. 2, items 2, 4, 5 and 10 ;
2. Art. 76, Para. 1, item 1  - regarding distribution, item 2 - regarding broadcasting, transmission a
nd retransmission, and item 3;
3. Art. 86, Para. 1, item 1  - regarding distribution, item 3 - regarding broadcasting, transmission a
nd retransmission, and item 4;
4. Art. 90a, Para. 1, item 3  - regarding broadcasting, items 4, 6 and 8;
5. Art. 91, Para. 1, item 2  - regarding distribution, and item 3.
(5) The accessible format copy shall preserve the integrity of the written work or the other related s
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.ubject matter, from which it was created, taking into account the changes necessary for its creation.
(6) A person with a disability under Art. 26a, Para. 3  or a legal person under Para. 3, item 2 with p
ermanent address or registered office in the Republic of Bulgaria shall be entitled to receive an accessible fo
rmat copy or access to such copy from another person under Para. 3, item 2, regardless of the Member State 
of the European Union where it has its registered office.
(7) The contract limiting the rights under this Section shall be void.
 
Obligations of the legal person under Art. 26b Para. 3, item 2  
Art. 26c. (New - SG 94/18) (1) The legal person under Art. 26b, Para. 3, item 2  shall notify the Mi
nister of Culture about his intention to create and make available accessible format copies, including about a
ny changes having occurred, within three months of the decision of the management body. The notification s
hall contain a name, legal form and contact details.
(2) The actions under Art. 26b, Para. 1 and 4  shall be documented and performed by the legal pers
on under Art. 26b, Para. 3, item 2  with due care and in such a way as to ensure that the accessible format c
opy:
1. does not violate the non-material rights under Art. 15, Para. 1, items 4 and 5 , Art. 75, Para. 1  a
nd Art. 87;
2. is provided according to Art. 26b, Para. 4  only to persons with disabilities under Art. 26a, Para
. 3, or to legal persons under Art. 26b, Para. 3, item 2 ;
3. is not going to be used in violation of Art. 26b.
(3) The legal person under Art. 26b, Para. 3, item 2  shall publish information on the observance of 
the obligations under Para. 2 on its website as well as in another appropriate way. The information shall be u
pdated twice a year.
(4) The legal person under Art. 26b, Para. 3, item 2 , having its registered office in the Republic of 
Bulgaria, at the request of a person with disability under Art. 26a, Para. 3 , of another person under Art. 26
b, Para. 3, item 2 , or of a rights holder, shall inform that person in an accessible manner about:
1. the list of written works or the other related subject matter withaccessible format copies at its dis
posal, and the available formats;
2. the name and contact details of legal entities established in other Member States of the European 
Union, with whom it exchanges accessible format copies.
 
List of legal entities under Art. 26b, Para. 3, item 2  
Art. 26d. (New - SG 94/18) (1) The Minister of Culture or a Deputy Minister authorized by him sha
ll maintain and publish on the website of the Ministry of Culture  a list of the legal persons under Art. 26b, 
Para. 3, item 2 , who have filed a notification.
(2) The Minister of Culture or a Deputy Minister authorized by him shall submit to the European C
ommission the list under Para. 1, and inform the Commission about the changes in it within three months fro
m their occurrence.
 
Personal data protection  
Art. 26e. (New - SG 94/18, amend. - SG 17/19) Personal data provided in connection with this Sect
ion shall be processed in accordance with the requirements for its protection.
 
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.Chapter six.  
DURATION OF COPYRIGHT  
General Rule  
Art. 27. (1) (amend. - SG 28/00, in force from 05.05.2000) Copyright shall be protected for the life 
of the author and seventy years after his death.
(2) In the case of works created by two or more authors the term specified in para 1 shall run from t
he death of the last surviving author.
(3) (new – SG 21/14) For music pieces with lyrics and musical dramatic works the term referred to 
in par. 1 shall expire seventy years after the death of the author of the music and the author of lyrics whoeve
r has deceases the latest, notwithstanding whether these individuals are referred to as co-authors, provided th
at the lyrics and the music have been created to be used jointly.
 
Anonymous and Pseudonymous Works  
Art. 28. (amend. and suppl. - SG 28/00, in force from 05.05.2000) Copyright in anonymous or pseu
donymous work shall expire seventy years after the work has been first made available to the public. Provid
ed that during the said term the author's identity is disclosed or if the pseudonym leaves no doubt as to his id
entity, the provisions of the preceding Article shall apply.
 
Computer Programmes and Databases  
Art. 28a. (new - SG 28/00, in force from 05.05.2000; amend. and suppl. - SG 25.03.2011) Copyrigh
t in a computer programme or database arising for the employer according to Art. 14 shall expire 70 years af
ter making the work available to the public.
 
Films 
Art. 29. (amend. - SG 28/00, in force from 05.05.2000) Copyright in a film or other audio-visual w
ork shall expire 70 years after the death of the last surviving among the director, the scriptwriter, the operato
r, the author of the dialogue and the author of the music if it has been created especially for the film.
 
Collection Works  
Art. 30. (1) (prev text of Art. 30, amend. - SG 28/00, in force from 05.05.2000; amend. and supple. 
- SG 25/11, in force from 25.03.2011) Copyright in encyclopaedias, periodicals and other works referred to i
n Art. 3, para 2, item 3  shall expire seventy years after making them available to the public. If during this te
rm the author is disclosed, the provisions referred to in Art. 27 shall apply.
(2) (new - SG 28/00, in force from 05.05.2000) In the case of works published in volumes, parts, is
sues or episodes the term under para 1 shall be calculated for each of them individually.
 
Beginning of the Terms  
Art. 31. The terms referred to in the preceding Articles of this Chapter shall begin on the first of Jan
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.uary of the year following the year of the death of the author or in which the work was created, respectively 
made available to the public or published, according to Art. 27 to 30.
 
Copyright Inheriting  
Art. 32. (1) Upon the death of the author the copyright shall pass to his heirs by will or by law acco
rding to the Inheritance Act .
(2) Copyright shall be inherited until expiration of the term of protection.
 
Exercising the Rights in Absence of Heirs  
Art. 33. (amend. - SG 28/00, in force from 05.05.2000; suppl. - SG 77/02, in force from 01.01.2003
; amend. - SG 28/05; amend. - SG 99/05, in force from 10.01.2006) In case the author does not have heirs, o
r any such heirs die prior to the expiration of the term of protection, the copyright shall pass to the state whic
h shall exercise it until expiration of the term through the Ministry of Culture. In case the dead author or his 
heir was member of organisation for collective administration of rights under this Act, that organisation shal
l at its own expense exercise these rights until their expiration.
 
Use of Works after Expiration of the Term of Protection  
Art. 34. After expiration of the term of copyright protection the works may be used freely inasmuch 
as this does not infringe rights under Art. 15, items 4 and 5 , which shall be of unlimited duration. The bodie
s under Art. 33 shall monitor the observance of these rights and may, as an exception, permit changes in the 
work.
 
Protection of Unpublished Works  
Art. 34a. (new- SG 28/00, in force from 05.05.2000) Everyone who makes available to the public a 
work after expiration of the term of protection of the copyright, if not published by then, shall have the right
s under Art. 18. This right shall expire after 25 years, beginning from the first of January of the year followi
ng the year of making the work available to the public.
 
Protection of Works of Unknown Authors  
Art. 34b. (new - SG 25/11, in force from 25.03.2011) For works, which term of protection is not cal
culated from the death of the author or the authors and which have not been made available to the public wit
hin 70 years from their creation, the legal protection under this Act shall be terminated.
 
Chapter seven.  
USE OF WORKS  
Section I.  
General Provisions  
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.Consent of the Author for Use of the Work  
Art. 35. (amend. - SG 25/11, in force from 25.03.2011) The work shall be used only following the p
reliminary consent of the author unless otherwise provided for by this Act.
 
Contracts on Use  
Art. 36. (1) By concluding a contract on the use of his work the author shall grant to the user the ex
clusive or non-exclusive right to use the work created by him under specific terms and against compensation
.
(2) Whenever an author grants to a user exclusive right to use a work, the author himself may not u
se it in the manner for the term and on the territory agreed upon in the contract, nor shall he grant such right 
to third parties.
(3) Whenever an author grants a user non-exclusive right to use a work, the author may continue us
ing it himself, as well as grant non-exclusive right to use the same work to third parties.
(4) The granting of exclusive right under para 2 shall be explicit and in writing. Whenever no such 
provision exists, it shall be considered that non-exclusive right has been granted.
(5) If no term has been specified in the contract, it shall be assumed that the right to use the work ha
s been granted for a period of three years, or five years for architectural works.
(6) If the contract does not specify a territory on which the user may use the work, the country of cit
izenship of the user or the country of his seat, if a legal person, shall be considered as such territory.
(7) (New - SG 28/18, in force from 29.03.2018) The contract under Para. 1 shall be concluded indiv
idually through a collective management organization or through an independent management entity in acco
rdance with the provisions of Division “a” .
 
Effect and Duration of the Contract  
Art. 37. (1) A contract under which the author has granted use of all works which he may create for 
the rest of his life shall be considered invalid.
(2) A contract on the use of a work may not be concluded for a term exceeding ten years. Whenever 
the contract has been concluded for a longer term, it shall have effect for ten years only. This limitation shall 
not apply to contracts related to architectural works.
 
Amount of the Compensation  
Art. 38. (1) (amend. - SG 25/11, in force from 25.03.2011) The compensation of the author for each 
type of use of his work may be defined as a portion of the revenues received from the use of his work, as sin
gle amount or in other form.
(2) Whenever the compensation defined as single amount proves obviously incommensurate with t
he revenues received from the use of the work, the author may claim increase of the compensation. If no agr
eement 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  
Art. 39. (1) If a contract granting exclusive rights does not specify a deadline by which the user sho
uld commence the use of the work, the author may avoid the contract if the use has not started within two ye
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.ars from the conclusion, or from the date of ceding the work if done after conclusion of the contract.
(2) Para 1 shall not apply to architectural works.
 
Section I.  
"a" Collective Management Organizations (New - SG 25/11, in force from 25.03.2011, repealed – SG 2
8/18, in force from 29.03.2018)  
Collective Management Organisations  
Art. 40. (Repealed – SG 28/18, in force from 29.03.2018)
 
Registration and control  
Art. 40a. (new - SG 25/11, in force from 25.03.2011, repealed – SG 28/18, in force from 29.03.201
8)
 
Becoming an Organization of Collective Management of Copyright  
Art. 40b. (new - SG 25/11, in force from 25.03.2011, repealed – SG 28/18, in force from 29.03.201
8)
 
Cancellation of the Registration  
Art. 40c. (new - SG 25/11, in force from 25.03.2011, repealed – SG 28/18, in force from 29.03.201
8)
 
Register of the Collective Management of Copyright Organizations  
Art. 40d. (new - SG 25/11, in force from 25.03.2011, repealed – SG 28/18, in force from 29.03.201
8)
 
Control of the Activity of the Organizations of Collective Management of Copyright  
Art. 40e. (new - SG 25/11, in force from 25.03.2011, repealed – SG 28/18, in force from 29.03.201
8)
 
Amounts of Remunerations Collected by Organisations for Collective Management of Copyri
ght 
Art. 40f. (new – SG 25/11, in force from 25.03.2011, repealed – SG 28/18, in force from 29.03.201
8)
 
Mediation  
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.Art. 40g. (new - SG 25/11, in force from 25.03.2011, repealed – SG 28/18, in force from 29.03.201
8)
 
Fees 
Art. 40h. (new – SG 25/11, in force from 25.03.2011, repealed – SG 28/18, in force from 29.03.201
8)
 
Section I.  
Special Cases (New – SG 25/11, in force from 25.03.2011)  
Work Created Under Employment of Civil Service Relationship (Title amend. – SG 25/11, in 
force from 25.03.2011)  
Art. 41. (1) (suppl. – SG 25/11, in force from 25.03.2011) Copyright in a work created under emplo
yment or civil service relationship shall belong to the author unless otherwise provided by this Act.
(2) (amend. - SG 28/00, in force from 05.05.2000; amend. – SG 25/11, in force from 25.03.2011) T
he employer or the appointing authority shall have the exclusive right without authorization by the author an
d without paying compensation, unless otherwise provided by the employment contract or the act of appoint
ment, to use such a work for his own purposes. The employer or the appointing authority may exercise this r
ight in a manner and to a degree corresponding to his usual activity.
(3) (amend. – SG 25/11, in force from 25.03.2011) Whenever the remuneration of the author at the 
time of creation of the work under para 1 proves incommensurate with the revenues in the sense of Art. 38, 
para 2 collected from the use of the work, the author may demand additional compensation. If no agreement 
was reached between the parties, the issue shall be resolved through the court ex aque et bono.
 
Work Created under Mandate  
Art. 42. (1) Copyright in a work created under mandate shall belong to the author of the work unles
s otherwise provided by the assignment contract.
(2) Unless agreed otherwise, the mandator shall have the right to use the work without authorizatio
n by the author for the purpose it was commissioned.
 
Section II.  
Publishing Contract  
Definition  
Art. 43. By the publishing contract the author grants the publisher the right to reproduce and distrib
ute the work, and the publisher is obliged to perform these actions and to pay the author compensation.
 
Types 
Art. 44. By publishing contract granted may be the right to reproduce and distribute a work which h
as been already created, or a work which the author has promised to create.
Източник: Правно-информационни системи "Сиела" 12.07.2022 г. 
Expanding the Field of Application  
Art. 45. (1) Where by a publishing contract an author has granted a publisher the right to use the wo
rk for other purposes besides publishing, the publisher may grant the use of the work for these other purpose
s to third parties if this is explicitly agreed upon.
(2) In case of granting under para 1, the publisher shall inform the author in writing.
 
Form 
Art. 46. The publishing contract shall be concluded in written form.
 
Special Non-Mandatory Rules  
Art. 47. Unless otherwise provided by the publishing contract, it shall be assumed that:
1. the publisher has been granted rights for one printing only;
2. (amend. - SG 28/00, in force from 05.05.2000 the publisher has been granted the right to publish 
the work in printing of no more than ten thousand copies;
3. compensation to the amount of fifteen per cent of the retail price of each sold copy of the work s
hall be due to the author;
4. the number of copies which the publisher may provide to the author free of charge may not be les
s than five for each printing;
5. the publisher shall publish the work in the language in which it has been ceded to him;
6. the publisher may distribute the printing only on the territory of the country of his citizenship or 
where his seat is located if a legal person.
 
Making Amendments  
Art. 48. Prior to undertaking a subsequent printing the publisher shall be obliged to give the author 
a chance to make amendments and supplementations to the work.
 
Returning Originals Offered for Publishing  
Art. 49. The publisher shall be obliged to return the originals of works of fine art, original documen
ts, illustrations and other originals offered for publication unless agreed otherwise in writing.
 
Destroyed Copies  
Art. 50. In case that reproduced but not yet offered for sale copies of the work are fully or partially 
destroyed not through the fault of the publisher, the latter may restore the destroyed copies within one year 
without providing compensation to the author.
 
Termination  
Art. 51. Unless agreed otherwise, the publishing contract shall be terminated with expiration of its t
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.erm or when the run is sold out, or when the last run is sold out if more than one printing have been agreed u
pon.
 
Termination Prior to Expiration of the Term  
Art. 52. (1) Unless agreed otherwise, the author may terminate the publishing contract unilaterally 
by written notification whenever that contract was concluded for more than one printing and the run of the la
st 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 th
an five per cent of the run of the printing.
(2) In the cases referred to in para 1 the author shall not refund the compensation already received.
 
Publishing at the Expense of the Author  
Art. 53. (1) The author may at his own expense assign to publisher the reproduction and distributio
n of a given number of copies of his work.
(2) The author may agree with a publisher to reproduce and distribute copies of the work by partici
pating in the expenses of the publishing and in the revenues of the distribution.
 
Contracts on Reproduction and Distribution of Phonograms  
Art. 54. (1) (amend. - SG 28/00, in force from 05.05.2006) If the contract for reproduction and distr
ibution of the work in the form of phonograms does not stipulate otherwise and the author has not granted th
e management of these rights to organisation for collective management it shall be considered that:
1. the user shall be obliged to carry out the recording within six months from the day on which the 
author has submitted the work in a form allowing the recording, and the reproduction and the distribution - 
within six months from the recording;
2. the user has been granted the right to reproduce the work in a run of no more than 5000 copies;
3. compensation shall be owed to the author amounting to the respective part of 10 percent of the w
holesale price of each sold copy of the sound carrier, proportionally of the duration of his work to the durati
on of the whole sound carrier;
4. the user shall provide to the author free of charge 5 copies of each produced variant of the sound 
carriers.
(2) (revoked - SG 28/00, in force from 05.05.2000)
(3) (amend. - SG 99/05, in force from 10.01.2006) 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 re
corded work for public performance, wireless broadcasting, or transmission or retransmission by cable. The 
inclusion of such rights shall be agreed upon explicitly.
 
Section III.  
Contract on Public Presentation or Performance  
Definition  
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.Art. 55. With a contract on public presentation the author of a performing arts work shall grant a us
er the right to present the work, and the user shall be obliged to present the work and pay compensation to th
e author.
 
Non-Mandatory Rules  
Art. 56. Unless otherwise provided by contract, it shall be assumed that:
1. the author may grant the right of public presentation to other users outside the population centre 
where the user has his seat;
2. the term of the contract shall be three years;
3. the user shall present the work to the public within a term of one year from receiving it;
4. (amend. - SG 28/00, in force from 05.05.2000) the compensation to the author shall be determine
d in amount of fifteen per cent of the gross revenues of each presentation of the work;
5. the user shall report to the author twice per year on the number of public performances and the a
mount of revenue received;
6. the author may terminate the contract whenever the user has halted the public presentation of the 
work for a period longer than one year.
 
Contracts on the Use through Wireless, Cable or Other Technical Means  
Art. 57. (amend. - SG 99/05, in force from 10.01.2006) The provisions of items 1, 2, and 3 of Art. 
56 shall also apply to contracts on broadcasting by wireless or transmission and retransmission by cable of p
erforming arts works, as well as of musical or literary works that have not been made available to the public. 
Unless agreed otherwise in the contract it shall be assumed that the author has granted the user the right of a 
single broadcast or transmission of the work.
 
Contracts for Live Performance, Wireless Broadcasting, Transmission or Re-transmission by 
Cable, and for Granting Access (Title amend. – SG 28/18, in force from 29.03.2018)  
Art. 58. (1) (Previous text of Art. 58, suppl.- SG 28/00, in force from 05.05.2000, amend. - SG 99/0
5, in force from 10.01.2006, suppl. - SG 25/11, in force from 25.03.2011, suppl. - SG 21/14, amend. - SG 28
/18, in force from 29.03.2018) Any author of a musical, literary or audiovisual work which has been made p
ublic shall give his prior and written consent for it being performed live in public or recorded, for wireless br
oadcasting, for transmission or retransmission by cable, and for granting of wireless or cable access of a wor
k or part thereof to unlimited number of people, in a manner permitting this access to be from a place and at 
a time individually chosen by each of them. The consent can be given individually by the author, through a r
egistered collective management organization, or through a registered independent management entity, unles
s the Act otherwise provides.
(2) (New - SG 28/00, in force from 05.05.2000, revoked - SG 77/02, in force from 01.01.2003, new 
– SG 25/11, in force from 25.03.2011) The contracts conceding the right to public performance of works dur
ing concerts shall be concluded with the persons - organizers of the concerts who are to ensure the venue of t
he performance, technical and other means, the participation of the performers and the announcement of the 
concerts, regardless of at whose expense this happens.
(3) (New - SG 28/18, in force from 29.03.2018) The venue for the concert shall be provided to the 
organizer of the concert for use on the basis of certified copies of the contracts for conceding the right to pub
lic performance of the works to be performed. In case of non-fulfillment of the obligation under Sentence on
e, the person providing the venue to be used shall be jointly liable together with the concert organizer for pa
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.yment of the outstanding remuneration to the authors regarding the public performance.
(4) (New - SG 28/18, in force from 29.03.2018) In the event of works being publicly performed in c
oncerts, the user shall provide the organization for collective management of rights, within three days prior t
o the performance, a preliminary list of the works which are to be performed during the concert, and their au
thors, and after the public performance - an accurate account of the works performed and their authors, as w
ell as an accurate account of the concert revenue.
(5) (New – SG 25/11, in force from 25.03.2011, previous Para. 3 - SG 28/18, in force from 29.03.2
018) “Organizer” in the sense of Para. 2 shall also be any other person presenting himself as such in advertis
ement materials, press releases, posters, billboards, brochures, etc.
(6) (New – SG 25/11, in force from 25.03.2011, previous Para. 4 - SG 28/18, in force from 29.03.2
018) The concert organizer shall be obliged to place their name, logo or other identifying mark on advertise
ment materials, press releases, posters, billboards, brochures, concert tickets, etc.
Section IV.  
Contract on Publishing in a Periodical  
Right to Use an Ordered Work  
Art. 59. (1) The author of a work under mandate may not, without the consent of the publisher, offe
r that work or parts thereof to other periodicals for publishing as a separate publication as well as for wireles
s broadcasting prior to its publishing by the publisher.
(2) Unless agreed otherwise, the restrictions under the preceding Paragraph shall not apply where fi
fteen days, for newspapers, and three months, for magazines, have elapsed since the submission of the manu
script and the publisher has not published it or has not informed the author within those terms that the work 
will be published indicating the number of the issue in which it will be published.
 
Right of Second Use  
Art. 60. The author may use his work, already published in a periodical, after the date of publicatio
n unless agreed otherwise in writing.
 
Returning of Materials Offered for Publication  
Art. 61. The publishers of periodicals shall return the originals of works of fine art, original docume
nts and illustrations offered for publication, unless agreed otherwise in writing.
 
Section V.  
Creating and Using Films and Other Audio-Visual Works  
Owners of Rights  
Art. 62. (1) (suppl. - SG 77/02, in force from 01.01.2003) Copyright in films and other audio-visual 
work shall belong to the director, the scriptwriter and the operator. In respect of cartoons the production desi
gner shall also have copyright.
(2) The authors of the music, the dialogue, the already existing literary work upon which the audio-
visual work was made, the scenery, the costumes, as well as of all other works included in it shall retain cop
yrights in their own works.
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.(3) Producer in the sense of this section shall be the natural or legal person who organises the creati
on of the work and provides its financing.
 
Contracts on Creation and Use  
Art. 63. (1) (amend. and suppl. - SG 99/05, in force from 10.01.2006) The authors under Art. 62 sh
all conclude written contracts with the producer that, unless agreed otherwise or otherwise provided by this 
Act, shall be deemed to grant the producer within the country and abroad the exclusive right of reproduction 
of the work, communication to the public, wireless broadcasting or transmission and retransmission by cable
, reproduction on video carriers and their distribution, making it or part of it available to unlimited number o
f persons by wireless means or by cable in a way allowing access from a place and at a time individually cho
sen by each of them, as well as the right to authorise the translation, dubbing and subtitling of the text.
(2) The producer shall pay the authors under the preceding Article compensation for the rights grant
ed. In this case the provisions of Art. 41, para 2  and Art. 42, para 2  shall not apply.
(3) Provided that any of the authors under Art. 62 refuses to complete his part in the creation of the 
film or other audio-visual work, or cannot complete it through no fault of himself, he shall not prevent the us
e of the work completed by him for the completion of the project. That shall not deprive him of the copyrigh
t in the portion of the work completed by him with all ensuing consequences.
(4) An audio-visual work shall be considered completed whenever a final version was established b
y agreement between the director and producer.
(5) Any changes in the final version through addition, elimination or change of some of the element
s require the consent of the persons under para 4.
(6) (amend. - SG 63/94) Upon declaring bankruptcy of a producer any author under Art. 62 shall be 
entitled to purchase the source materials of the work at the highest offered price provided that within three d
ays from closing of the biddings he requests that in writing.
(7) (amend. - SG 77/02, in force from 01.01.2003) In case the producer cannot finish the work or af
ter finishing it he wants to dispose of the source working materials containing initial record or respectively t
he source materials of the final version of the work, he shall be obliged to concede them to the authors under 
Art. 62, para 1  for free.
(8) (new - SG 28/00, in force from 05.05.2000) Within five years from the date of making the work 
available to the public the producer or the persons who have become owners of the source materials of the fi
nal version of the work shall deposit these materials into the National Film Archive. This shall concern only 
films whose producer is a Bulgarian natural or legal person.
 
Secondary Use  
Art. 64. (amend. - SG 99/05, in force from 10.01.2006; amend. – SG 25/11, in force from 25.03.20
11) The producer may grant to third parties, at assuming the obligations under Art. 65, the right to broadcast 
the work by wireless means or to transmit and retransmit it over electronic communications network and pro
vision of electronic access, to reproduce it on any type of carriers, such as video carriers for distribution or p
resentation for public display, where he shall be obliged to notify the authors under Art. 62, para 1  in writin
g within one month, unless otherwise provided by this Act.
 
Compensations  
Art. 65. (1) (amend. - SG 28/00, in force from 05.05.2000; suppl. - SG 77/02, in force from 01.01.2
003; suppl. - SG 99/05, in force from 10.01.2006) The director, the scriptwriter, the operator and the compos
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.er, and in respect of cartoons – also the production designer, shall be entitled to fair compensation, separate f
rom the one referred to in Art. 63, para 2 , also for each type of use of the film or audio-visual work, while t
he rest of the authors referred to in Art. 62 – only in case such compensation has been agreed upon. The co
mpensations from the different types of use of the work granted by the authors to the producer referred to in 
Art. 63, para 1 , as well as the way in which the author wants to receive them in compliance with para 2 shal
l be determined separately for each type of use.
(2) (amend. – SG 25/11, in force from 25.03.2011) Compensations for the different types of use of t
he work shall be due by the respective users. The compensations, upon request by the authors, may be receiv
ed through the producer or through organisation for collective administration of copyrights. In the latter case
, the producer shall include such a provision in the contracts for use of the work concluded by him.
(3) In case already announced work is communicated to the public for an admission fee, the compe
nsation shall be proportional to the revenue of the producer.
(4) (suppl. - SG 77/02, in force from 01.01.2003; amend. - SG 99/05, in force from 10.01.2006) Re
gardless of the compensation referred to in para 2, the authors under para 1 shall be entitled to a percentage 
of every revenue of the producer, realised from the use of the work.
(5) (new – SG 25/11, in force from 25.03.2011) Irrespective of the contract between the authors and 
the producer, where the work is presented on public places, in which the access is provided against payment 
of an entrance fee or a total amount, the authors shall be entitled to a percent of the income from every occas
ion of such presentation. Any waiver of such right to remuneration by the authors shall have no effect.
(6) (new – SG 99/05, in force from 10.01.2006; prev. text of Para 05 – SG 25/11, in force from 25.0
3.2011) Where the use is in the form of rental or lending of copies of the work the provisions of Art. 22a sh
all be applied.
(7) (new – SG 99/05, in force from 10.01.2006; prev. text of Para 06 – SG 25/11, in force from 25.0
3.2011) Where the use is in the form of retransmission of the work by cable the provisions of Art. 21, para 
3, 4 and 5  shall be applied.
 
Accounting to the Authors  
Art. 66. At the request of the persons referred to in Art. 62, the producer shall provide to them at le
ast once a year a statement on the revenues from each type of use of the work.
 
Use of Parts of a Film  
Art. 67. The producer may use parts of the work or individual frames in amount justified by the fil
m advertising without the consent of the authors and without payment of compensation. He may use such pa
rts or frames for other purposes only with the consent of the authors under Art. 62, para 1  and shall pay the
m compensation. Other persons may use parts or frames only with the consent of the authors under Art. 62, 
para 1 and shall pay them compensation.
 
Section VI.  
Use of Works of Fine Art, Architecture and Photography  
Assumption of Granted Right of Public Exhibition  
Art. 68. (1) (prev. text of Art. 68, amend. - SG 28/00, in force from 05.05.2000) The transfer of ow
nership of works of fine art and works created by photographic or analogous method shall also transfer, unle
ss agreed otherwise in writing, the transfer of the right of public exhibition of the works.
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.(2) (new - SG 28/00, in force from 05.05.2000) The transfer of the right of using architectural desig
n, unless otherwise agreed, shall also transfer the right of public exhibition of the design.
 
Subsequent Use of Architectural Project  
Art. 69. The written consent of the author shall be required for every subsequent use of the architect
ural project of an already completed building or other created object.
 
Section VII.  
Use of Computer Programmes  
Non-Mandatory Rules  
Art. 70. Unless agreed otherwise, it shall be deemed that the person who has lawfully acquired the r
ight to use a computer programme may use that programme, display it on a screen, execute it, transmit it, sto
re it in the memory of computer, translate it, adapt it and introduce other changes in it as much as these actio
ns are necessary for attaining the objective for which the right to use that programme was acquired, includin
g for elimination of errors.
 
Mandatory Rules  
Art. 71. The person who has lawfully acquired the right to use a computer programme may without 
the consent of the author and without payment of separate compensation:
1. make a back-up copy of the programme insofar as it is necessary for the respective use for which 
the program had been acquired;
2. observe, study and test the functioning of the programme in order to determine the ideas and prin
ciples which underlie any of its elements as much as this is done in the process of loading the programme, di
splaying it on a screen, running, transmitting or storing it in the computer memory on the condition that he is 
entitled to carry out these actions pursuant to Art. 70;
3. (suppl. - SG 28/00, in force from 05.05.2000) translate the programming code from one form int
o another only if that is absolutely necessary for obtaining information to achieve interoperability of an exist
ing program with other programs and on the condition that the necessary information on how to do that is no
t readily provided and that these acts are undertaken only in respect of such parts of the programme that are 
necessary to achieve interoperability. The obtained information shall not be used for the creation and distrib
ution of a computer programme insignificantly different from the programme the code of which is being tran
slated, nor for any other action that may infringe the copyrights in the programme.
 
Administration and Control of Software Assets by the Bodies of the State Authority and the L
ocal Government  
Art. 71a. (new – SG 77/02, in force from 01.01.2003; revoked – SG 99/05, in force from 10.01.200
6)
 
Section VIII.  
Special rules for the use of orphan works and sound records (new – SG 14/15)  
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.Field of application  
Art. 71b. (new – SG 14/15) (1) The provisions of this Section can be enjoyed by generally accessibl
e libraries, educational institutions and museums, and also archival repositories, institutions keeping film an
d sound record heritage and public radio- and television organizations with a main office in the Republic of 
Bulgaria only in view of achievement of objectives related to their public purpose of use.
(2) The provisions of this section shall apply to:
1. works, published in the form of books, specialized editions, magazines, newspapers, and other pr
inted works, being a part of the funds of generally accessible libraries, educational institutions or museums, 
archival repositories or institutions keeping film and sound record heritage;
2. films and other audio-visual works and sound records, being a part of generally accessible librari
es, educational institutions, museums, archival repositories or institutions keeping film and sound record her
itage;
3. films or other audio-visual works and sound records, produced by public radio- and television or
ganizations by 31 December 2002, including those in their archival repositories, which are subject to copyri
ght or a right related thereto, and have been published for the first time in a European Union Member State, 
or, in case they have not been published, they have been shown for the first time in such state, as long as the
y are regarded as orphan ones within the meaning of Art. 71c.
(3) The provisions of this Section shall also apply to works and sound records within the meaning o
f par. 2, which have never been published or shown, but have been made publicly available by the organizati
ons under par. 1 with the consent of bearers of rights thereon, provided that there is a reason to assume, that 
right bearers will not object uses within the meaning of Art. 71g.
(4) This Section shall also apply to works and other items subject to protection which have been inc
luded in or are an integral part of the items under par. 2 and 3.
(5) The provisions of this Section shall not affect the application of the regulations concerning right
s management.
Orphan works and sound records  
Art. 71c. (new – 14/15) (1) A work or a sound record shall be regarded as orphan ones if any of bea
rers of rights thereon is not identified, or provided that one or more of them are identified, the location of nei
ther of them cannot be identified notwithstanding the carried out and documented due searching for, made in 
compliance with Art. 71d.
(2) If a work or a sound record has got more than one bearer of rights and not all of them have been 
identified or even being identified their location remains unknown after carrying out and documenting of a d
ue searching made according to Art. 71d, the work or the audio record may be used according to the provisi
ons of this Section provided that the rights bearers having been identified and whose location is known, have 
authorized in terms of the rights they hold, the organizations under Art. 71b, par. 1  to copy them and to pro
vide access within the meaning of Art. 18, par. 2, item 1 and 10 .
(3) The provision of par. 2 cannot affect the rights on a work or sound record of right holders, who 
have been identified and whose location is known.
(4) The provisions of this Section do not cover the rules regarding works, made known under a pen-
name or anonymously.
Due search  
Art. 71d. (new – SG 14/15(1) Organizations under Art. 71b, par. 1  shall carry out due searching fo
r every work or sound records in order to find whether they got orphan or not by studying the respective sou
rces of information. The due search must be carried out before the use of the work or of the sound record.
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.(2) (Amend. – SG 28/18, in force from 29.03.2018) Sources under which due search is carried out i
n the Republic of Bulgaria, shall be determined by the Minister of Culture or by a Deputy Minister nominate
d by them after consultations with the associations of rightsholders and users. The list of minimum sources i
s shown in Attachment 1  to this act.
(3) Due search is carried out in the Republic of Bulgaria regarding:
1. the works and sound records which have been published for the first time in the Republic of Bulg
aria, of if they have not been published – which have been broadcasted for the first time in the country;
2. films or other audio-visual works, where the main office or the usual residence of the producer is 
in the Republic of Bulgaria;
3. the works and audio-records under Art. 71b, par. 3  where the main office of the organization is 
based on the Republic of Bulgaria.
(4) Is there are data that the respective information about rights bearers may be found in other states
, an inquiry is carried out in sources of information available in such other states.
(5) The organizations under Art. 71b, par. 1  shall maintain documentation about the carried out du
e searches and shall inform the Minister of Culture about:
1. the results of due searches having been carried out and leading to the conclusion that a specific w
ork or a sound record may be regarded as being orphan within the meaning of Art. 71c;
2. the actions for the use of such orphan works or sound records according to this Section;
3. any change within the meaning of Art. 71f of the status of the used by them orphan works and so
und records;
4. their contact details.
(6) The Minister of Culture or a Deputy Minister authorized by them, after receiving the informatio
n under par. 5 shall send it to the Office for Harmonization in the Internal Market in compliance with Regula
tion (EU) No. 386/2012 of the European Union and of the Council of 19 April 2012 on entrusting the Office 
for Harmonization in the Internal Market (Trade Marks and Designs) with tasks related to the enforcement o
f intellectual property rights, including assembling of public and private-sector representatives as a Europea
n Observatory on Infringements of Intellectual Property Rights (OJ, L 129/1 of 16 May 2012).
Mutual recognition of the status of an orphan work or audio-record  
Art. 71e. (new – SG 14/15) Works or audio records regarded as orphan within the meaning of Art. 
71c in any European Union Member State shall be regarded as such and can be used according to the provisi
ons of this Section also in the Republic of Bulgaria. This shall also apply to works and audio records under 
Art. 71c, par. 2 , as long as it refers to right holders who are not identified or whose location is not known.
Termination of the status of an orphan work or audio-record  
Art. 71f. (new – SG 14/15) A holder of rights on a work or sound record regarded as orphan may at 
any time terminate this, including in cases referred to in Art. 71c, par. 2 , where their rights are affected.
Authorized use of orphan works and sound records  
Art. 71g. (new – SG 14/15) (1) Organizations under Art. 71b, par. 1  may without the consent of th
e holder of a copyright or related right and without payment of a fee, use an orphan work or sound record av
ailable in their funds, by:
1. providing access thereto subject to compliance with the provision of Art. 18, par. 2, item 10 ;
2. copy it in order to digitalize, make it available, index, list in a catalogue, preserve or restore it.
(2) Organizations under Art. 71b, par. 1  may use an orphan work or sound record in compliance w
ith par. 1 only in view of achievement of objectives related to their public purpose of use, in particular to pre
servation, restoration and provision of access for cultural and educational purposes to works and sound recor
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.ds available in their funds. These organizations may collect for this use fees, however as far as this is relevan
t in order to cover the cost of digitalization of the orphan works and sound records and of provision of public 
access thereto.
(3) Organizations under Art. 71b, par. 1  shall be obliged to provide for every use of orphan works 
and sound records indication of the names of authors and of other right holders, which are identified.
(4) The provisions of this Section do not affect the right of the organizations under Art. 71b, par. 1  
to conclude contracts within the scope of their activity, related to the fulfillment of their public purpose of us
e.
(5) Bearers of rights having terminated the status of an orphan work or of another object of a copyri
ght or of another related right, shall have the right to get a fair fee for use which has taken place according to 
par. 1 by organizations under Art. 71b, par. 1 , with a main office in the Republic of Bulgaria. The fees unde
r sentence one shall be payable for uses, which have taken place within the 5-year period, preceding the term
ination of the status of an orphan work or another object of a copyright or another related right.
Applicability with reference to other acts  
Art. 71h. (new – SG 14/15) This Section shall not affect the provisions regulating the legal protecti
on of patents for inventions, trademarks, industrial design, utility models, integrated circuit layouts, fonts, co
nditional access, access to electronic communication networks and/or services, protection of national wealth, 
requirements for depositing, imposed by laws, protection of competition, business secret, protection of perso
nal data and privacy right, protection of cultural valuables, access to public information, laws, regulating con
tractual relations, as well as freedom of expression in media and freedom of press.
Division two.  
RELATED RIGHTS AND OTHER SPECIAL RIGHTS (title suppl. - SG 77/02, in force from 01.01.2
003) 
Chapter eight.  
GENERAL PROVISIONS  
Owners and Subject Matter of Related Rights (amend. - SG 28/00, in force from 05.05.2000)  
Art. 72. Rights, related to the copyright, shall have:
1. the performers in their performances;
2. the producers of phonograms in their phonograms;
3. the producers of the initial record of a film or other audio-visual work in the original and the copi
es obtained as a result of this record;
4. the radio and television organisations in their programmes.
 
Collision with Copyrights  
Art. 72a. (new - SG 28/00, in force from 05.05.2000) The related rights shall not be exercised in a 
way which may lead to infringement or restriction of copyrights.
 
Assumption of Ownership of Related Rights  
Art. 72b. (new – SG 99/05, in force from 10.01.2006) Unless proven otherwise owner of right unde
r Art. 72 shall be considered the person whose name, firm or other identifying mark are indicated or mentio
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.ned in the usual way on the respective record, copies and/or their packing, or in the course of broadcasting th
e programme.
 
Exercising Related Rights through Organisations for Collective Administration  
Art. 73. (suppl. - SG 28/00, in force from 05.05.2000; amend. and suppl. – SG 25/11, in force from 
25.03.2011, amend. – SG 28/18, in force from 29.03.2018) The economic rights of the performers, producer
s of phonograms, producers of films or other audio-visual works and radio and television organisations may 
be exercised by organisations for collective management or independent management entities authorized by 
them in compliance with the provisions of Division Two "a"  and § 5 of the Transitional and Concluding Pr
ovisions.
 
Chapter nine.  
RIGHTS OF THE PERFORMER  
Owner of the Right  
Art. 74. (amend. and suppl. - SG 28/00, in force from 05.05.2000) Performer shall be a person who 
presents, sings, plays, dances, declaims, acts, directs, conducts, comments, dubs roles or performs in other m
anner a work, circus or variety performance, puppet show or a folklore work.
 
Moral Rights  
Art. 75. (1) The performer shall have the following moral rights:
1. the right to require that his name, pseudonym or artistic name is indicated or announced in the us
ual manner at each live performance and at each use of the recorded performance in any manner;
2. the right to require that the recorded performance is preserved entire and unmodified at its reprod
uction or use in any other manner.
(2) The right under item 1 of the preceding Paragraph shall be inalienable. Transfer of the right refe
rred to in item 2 may be only explicit and in written form.
 
Economic Rights  
Art. 76. (1) The performer shall have the exclusive right to permit for compensation:
1. (amend. - SG 99/05, in force from 10.01.2006) wireless broadcasting of his performance, transmi
ssion and retransmission by cable, as well as sound or video recording of the performance, reproduction of t
he recordings on audio or video carriers and their distribution;
2. (amend. - SG 99/05, in force from 10.01.2006) public performance, wireless broadcasting, trans
mission and retransmission by cable of these recordings.
3. (new - SG 28/00, in force from 05.05.2000; amend. - SG 99/05, in force from 10.01.2006) provid
ing access to his recorded performance or part of it by wireless means or by cable to unlimited number of pe
ople in such a way that it may be accessed from a place and at a time individually chosen by each of them.
4. (new – SG 77/02, in force from 01.01.2003; suppl. – SG 25/11, in force from 25.03.2011) import 
and export to third countries of copies of the recording of the performance in commercial quantity, regardles
s whether the copies are lawfully produced or in infringement of the rights referred to in item 1.
(2) (amend. – SG 21/14) Performing artists shall grant the rights under par. 1 against payment by a 
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.separate written contract. The compensation may be negotiated as portion of the revenues or in any other for
m.
(3) Unless agreed otherwise in the contract between the performer and the producer of phonograms, 
the performer shall be entitled to authorize other persons to record and distribute his performances as well. 
Any agreement limiting the right of the performer to grant such authorization shall not be valid for more tha
n five years.
(4) (revoked - SG 28/00, in force from 05.05.2000)
 
Additional pay  
Art. 77a. (new – SG 21/14) (1) Provided that a contract, by which an artist-performer has transferre
d to a producer their right to use an audio-record with their performance provides that the pay shall be paid n
ot in the form of periodic payments, the artist-performer shall have the right to get an additional annual pay f
rom the producer for every completed calendar year after the fiftieth year after the legitimate publication of t
he audio-record or if it has not been published – after the fiftieth year of its legitimate announcement to the a
udience. The waiver by the artist-performer of the right to get additional pay shall be void.
(2) The total amount of the additional pay for one year payable by the producer to the artist-perform
er subject to compliance with the provision of para. 1 shall be equal to 20 percent of the income, received by 
the producer over the year preceding the year for which the additional annual pay is due. The producer shall 
be obliged upon request once a year to provide to the respective artist-performers collective rights managem
ent organization and to artist-performers entitled to additional pay subject to compliance with the provision 
of par. 1 the information required to the payment of this pay.
(3) The additional pay under par. 1 shall be collected, distributed and paid only through a collective 
rights management organization.
(4) Producer’s income within the meaning of par. 2 shall be revenues arising out of reproduction an
d distribution of the record, and also of the offering of wireless or cable access to an unlimited number of in
dividuals to the record or to a part thereof in a way allowing this access to take place from a place and at a ti
me, chosen individually by everyone thereof, received by the producer before the deduction of expenses.
 
Additional remuneration  
Art. 77a. (New - SG 21/14) (1) In the event that a contract, by which an performer has given a prod
ucer the right to use a phonogram with his performance, has provided that the remuneration be paid not in th
e form of periodic payments, the performer shall be entitled to receive an additional annual remuneration fro
m the producer for each full calendar year following the 50th anniversary of the lawful publication of the ph
onogram or, if it has not been published, after the 50th anniversary of its lawful communication to the public
. Any refusal by the performer of the right to receive additional remuneration shall be invalid.
(2) The total amount of the additional annual remuneration for one year, which the producer owes t
o the performer under Para. 1, shall correspond to 20% of the revenue received by the producer in the year p
receding the year for which the additional annual remuneration is paid. The producer shall be required, on re
quest once a year, to provide the relevant collective rights management organization of performers and of pe
rformers entitled to additional remuneration under Para.1, the information necessary for the payment of that 
remuneration.
(3) The additional remuneration under Para. 1 shall be collected, distributed and paid out only throu
gh a collective rights management organization.
(4) Revenues of the producer within the meaning of Para. 2 shall be the revenue resulting from the r
eproduction and distribution of the record, as well as from the provision of access by wireless or cable to an 
unlimited number of persons to the record, or part of it, in a way allowing such access to be made from locat
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.ion and at times individually chosen by each of them, received by the producer before deduction of costs.
Participation in Filming  
Art. 78. (1) (suppl. - SG 28/00, in force from 05.05.2000; amend. SG 99/05, in force from 10.01.20
06) Unless agreed otherwise in the performance contract, it shall be deemed that the performer who has parti
cipated in the making of a film or other audio-visual work has thereby granted to the producer of the work al
so the right of public communication of the recorded performance, its wireless broadcasting, transmission an
d retransmission by cable, as well as its reproduction on video carriers and their distribution.
(2) A role performed by a performer in a film or another audio-visual work may be dubbed in the sa
me language by another person only with the consent of the performer who has performed the role.
(3) (New - SG 28/00, in force from 05.05.2000) The contracts under para 1 with performers playing 
main roles shall also stipulate extra compensation in percentage of each gross revenue of the producer from 
using the work. Their compensation shall be paid, according to the contract, by the producer or by the respec
tive users. Where their compensation shall be paid by the respective user, the producer shall be obliged to pr
ovide for this in the contracts for using the work concluded by him. If the compensation was not negotiated i
t shall be determined according to agreement between the associations of the actors on one side and the prod
ucers or their associations on the other.
(4) (New - SG 28/00, in force from 05.05.2000) Performers playing main roles in the sense of para 
3 shall be the persons announced in the captions of the film in a way, unambiguously indicating that they are 
considered as such, until proven otherwise. Where such indications are missing, taken into consideration sha
ll be eventual explicit agreements on this issue in the contract between the producer and the performer, and i
f it does not contain such agreements or the contract is not presented, taken into consideration shall be the ex
plicit opinion of the scriptwriter, presented in writing regardless at what time.
(5) (new – SG 77/02, in force from 01.01.2003) In case the television organisation is also a produce
r of a film or an audio–visual work, the persons referred to in para 3 shall have right of additional compensat
ion for each use of the work by this organisation, where the amount of this compensation shall be determine
d according to para 3, sentences two and four.
(6) (new – SG 77/02, in force from 01.01.2003) Persons performing a role in audio–visual work int
ended for advertising, shall have the right for the period, during which the work is communicated to the publ
ic, of additional compensation as percentage of the profit of the advertiser from the advertising activity, prod
uct or service in the country. This compensation shall be agreed in the contract between the producer and the 
advertiser. If the producer and the advertiser are not in direct contractual relation, the producer shall be oblig
ed to provide the payment of this compensation in his contract with the person, who has assigned the creatio
n of the work.
(7) (new – SG 99/05, in force from 10.01.2006) Where the use under para 3 is in the form of rental 
or lending of copies, the provisions of Art. 22a shall be applied.
 
Authorization by Collective Performers  
Art. 79. The participants in collective performances, such as choir, orchestra, ensemble and other ar
tistic group, shall authorize in writing one person to grant the authorizations under this Chapter regarding the 
use of their performances. The soloists and the conductor, as well as the director of a performing art work sh
all provide authorization separately.
 
Indicating Names in Collective Performances  
Art. 80. In respect of collective performances the name of the ensemble or the group as a whole and 
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.the names of the soloists, the conductor and the director of the performing art work, unless agreed otherwise 
with these persons, shall be indicated or announced in the usual manner.
 
Performance under Employment Relationship  
Art. 81. The authorization for use as referred to in Art. 76, para 1  of a performance performed und
er employment relationship shall be granted by the employer unless agreed otherwise with the performer.
 
Duration  
Art. 82. (amend. – SG 25/11, in force from 25.03.2011; amend. – SG 21/14) (1) The rights of the ar
tists-performers shall expire after fifty years after the date of the performance.
(2) In case a record has been made of the performance, other than an audio-record, and it has been l
egitimately published or legitimately made available to the audience within the term referred to in par. 1, the 
validity of the right shall remain for fifty years after the date of this event, and if both events have taken plac
e – from the earlier of both dates.
(3) In case a record has been made of the performance, and it has been legitimately published or leg
itimately made available to the audience within the term referred to in par. 1, the validity of the right shall re
main for seventy years after the date of this event, and if both events have taken place – from the earlier of b
oth dates.
(4) The terms referred to in par. 1, 2 and 3 shall start expire from the first day of January of the year 
following the year in which the event giving rise thereto has occurred.
 
Protection of the Names of Artistic Groups  
Art. 83. (1) (amend. and suppl. - SG 28/00, in force from 05.05.2000; amend. - SG 28/05; amend. - 
SG 99/05, in force from 10.01.2006) The name of artistic group shall be registered by the Ministry of Cultur
e according to order established by the Council of Ministers. For submission of application for registration, f
or making reference in the register and for issuance of documents for facts entered into the register fees shall 
be collected in amounts determined by a tariff approved by the Council of Ministers.
(2) (new - SG 28/00, in force from 05.05.2000) The names of the artistic groups shall be registered 
obligatorily in Cyrillic. Upon request of the applicant added to the registration may be the same name in oth
er alphabet.
(3) (prev. text of para 02 - SG 28/00, in force from 05.05.2000) The name registered under para 1 s
hall not be used by other groups.
(4) (prev. text of para 03 - SG 28/00, in force from 05.05.2000) Provided that another group has use
d the same or a similar name prior to the registration, it may request deletion of the registration.
(5) (prev. text of para 04 - SG 28/00, in force from 05.05.2000) Disputes over similarities of names, 
or over which group was the first to use a name, shall be settled by the court.
(6) (prev. text of para 05 - SG 28/00, in force from 05.05.2000) The right of name under para 1 shal
l be protected for a period of ten years after the artistic group has discontinued its activity. This term shall ru
n from the first of January of the year following the year of discontinuance.
 
Application by Analogy  
Art. 84. (amend. and suppl. - SG 28/00, in force from 05.05.2000; amend. - SG 77/02, in force from 
01.01.2003; amend. - SG 99/05, in force from 10.01.2006; suppl. – SG 21/14) The provisions of Art. 18, pa
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.ra 3, Art. 18a, 19, 21, 22, 22a, 23, Art. 24, para 1, items 1, 6, 8, 12 and 14 , Art. 25, para 1, item 2 , Art. 2
5a, 26, 32, 33, 34, 36, 37, 42 and Art. 58, para 1  shall be applied respectively also to the rights of the perfor
mers, and of Art. 66 – to the rights of the persons under Art. 78, para 3 .
 
Chapter ten.  
RIGHTS OF THE PRODUCERS OF PHONOGRAMS  
Owner of the Right  
Art. 85. Producer of a phonogram shall be the natural or legal person who organises the first recordi
ng and provides its financing.
 
Economic Rights  
Art. 86. (1) The producer shall have the exclusive right to authorize for compensation:
1. reproduction and distribution of the phonogram;
2. (suppl. - SG 77/02, in force from 01.01.2003; suppl. – SG 25/11, in force from 25.03.2011) impo
rt and export to third countries of copies of the phonogram in commercial quantity, regardless whether they 
have been manufactured legally or in infringement of the rights under item 1;
3. (amend. - SG 99/05, in force from 10.01.2006) public performance and wireless broadcasting an
d transmission and retransmission of the phonogram by cable;
4. (new - SG 28/00, in force from 05.05.2000) providing access to the phonogram or part of it by w
ireless means or by cable to unlimited number of people in such a way that it may be accessed from a place 
and at a time individually chosen by each of them;
5. (new - SG 25/11, in force from 25.03.2011) the adaptation and synchronisation of the recording.
(2) The producer may grant under contract some of his rights under para 1 to other persons, includi
ng authors and performers of the recorded works.
 
Moral Rights  
Art. 87. (1) The producer shall have the right to require his name to be indicated in the usual manne
r on the sound carriers, including their cover and boxes, at the reproduction and distribution of the phonogra
ms made by him.
(2) (revoked – SG 99/05, in force from 10.01.2006)
 
Secondary Use  
Art. 88. (amend. - SG 99/05, in force from 10.01.2006) The compensations of the producers of pho
nograms due for wireless broadcasting, transmission and retransmission by cable, or for public performance 
by sound equipment or other means of their phonograms that have been already made available to the public
, shall be determined and paid in the way and order provided by Art. 77.
 
Duration  
Art. 89. (amend. - SG 77/02, in force from 01.01.2003; amend. – SG 25/11, in force from 25.03.20
11; amend. – SG 21/14) (1) The rights of producers of audio-records shall expire after fifty years after the re
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.cord has taken place.
(2) Provided that the audio-record has been legitimately published within the time, referred to in pa
r. 1, the validity of the right shall remain for a period of seventy years after this event. If the audio-record ha
s not been legitimately published, but has been legitimately made available to the audience within the time, r
eferred to in par. 1, the validity of the right shall remain for a period of seventy years thereafter.
(3) The terms under par. 1 and 2 shall start elapsing on the first day of January of the year following 
the year in which the event giving rise thereof has occurred.
(4) Provided that a contract between the producer of an audio-record and an artist-performer partici
pating in the record gets terminated following the provision of Art. 77, par. 3 , the producer’s right on this re
cord shall cease as from the time of termination of the contract with the artist-performer.
 
Application by Analogy  
Art. 90. (amend. - SG 28/00, in force from 10.01.2006; amend. - SG 77/02, in force from 01.01.200
3; amend. - SG 99/05, in force from 10.01.2006) The provisions of Art. 8, Art. 18, para 3 , 18a, 19, 21, 22, 
22a, 23, Art. 24, para 1, items 1, 3, 6, 8, 11, 12, 13 and 14 , Art. 25, para 1, item 2 , Art. 25a, 26, 32, 33, 3
4 and 36 shall also apply respectively also to the producers of phonograms.
 
Chapter ten "a".  
RIGHTS OF THE FILM PRODUCERS (new - SG 28/00, in force from 05.05.2000)  
Contents of the Right  
Art. 90a. (1) The producer of the initial recording of the film or another audio-visual work shall hav
e in respect of the original of the film and the copies of it, obtained as a result of this recording, an exclusive 
right to authorize for payment:
1. their multiplication;
2. their public showing;
3. (amend. - SG 25/11, in force from 25.03.2011) their public performance and wireless broadcastin
g;
4. (amend. - SG 99/05, in force from 10.01.2006) their transmission and retransmission by cable;
5. their reproduction;
6. their distribution;
7. their translation, dubbing and subtitling;
8. (amend. - SG 99/05, in force from 10.01.2006) providing access to the film or part of it by wirele
ss means or by cable to unlimited number of people in such a way that it may be accessed from a place and a
t a time individually chosen by each of them;
9. (new – SG 77/02, in force from 01.01.2003; suppl. – SG 25/11, in force from 25.03.2011) the im
port and the export to third countries of copies of the film in commercial quantity, regardless of whether the
y have been manufactured lawfully or in infringement of the right referred to in item 1 or item 5;
10. (new - SG 25/11, in force from 25.03.2011) the adaptation and synchronisation of the recording
.
(2) The producer shall have the right to require his name or firm to be indicated in the usual manner 
at using the film.
 
Duration  
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.Art. 90b. (new – SG 28/00, in force from 05.05.2000; amend. – SG 21/14) The rights of the produc
er under this Chapter shall expire after fifty years. The term shall run from 1 January of the year in which th
e record has been made, but where the recording was lawfully published or legitimately made available to th
e public during this period, the term shall commence from 1 January of the year following the event, and wh
ere both events have occurred – of the one that is earlier.
 
Application by Analogy  
Art. 90c. (new – SG 28/00, in force from 05.05.2000; amend. - SG 77/02, in force from 01.01.2003; 
amend. - SG 99/05, in force from 10.01.2006) The provisions of Art. 8, Art. 18, para 3 , Art. 18a, 19, 21, 2
2, 22a, 23, Art. 24, para 1, items 1, 2, 3, 6, 8, 11, 12, 13 and 14 , Art. 25, para 1, item 2 , Art. 25a, 26, 32, 
33, 34 and 36 shall apply respectively also to the film producers.
 
Chapter eleven.  
RIGHTS OF RADIO AND TELEVISION ORGANISATIONS  
Contents of the Rights  
Art. 91. (1) (amend. - SG 28/00, in force from 05.05.2000; amend. - SG 77/02, in force from 01.01.
2003) The radio and television organisation which has carried out the initial broadcasting or transmission of 
its own programme shall have exclusive right to authorize for payment:
1. (amend. - SG 99/05, in force from 10.01.2006 ; amend. – SG 25/11, in force from 25.03.2011) w
ireless rebroadcasting or retransmission over electronic communication networks of the programme;
2. the recording, the reproduction and the distribution of the recordings of the programme;
3. (amend. - SG 99/05, in force from 10.01.2006; amend. – SG 25/11, in force from 25.03.2011) pr
oviding access to the programme or part of it by wireless means or over another electronic communication n
etwork to unlimited number of people in such a way that it may be accessed from a place and at a time indiv
idually chosen by each of them;
4. (new - SG 25/11, in force from 25.03.2011; suppl. – SG 21/14) public performance of the progra
mme, if this takes place in places available to the audience against payment of an access fee.
(2) The provision of the preceding Paragraph shall also apply where a programme sent by a radio or 
television organisation through signal to a communications satellite, is rebroadcasted, retransmitted, recorde
d, reproduced or distributed by other persons.
(3) (new - SG 28/00, in force from 05.05.2000) Where the radio and television organisation under p
ara 1 or a person authorised by it restricts the circle of persons receiving its programme by encrypting the sig
nal containing it, the authorization shall be considered granted only on the condition that the decrypting devi
ce is provided by the broadcasting organisation or with its consent.
(4) (new - SG 28/00, in force from 05.05.2000) For each use of the programme in the sense of para 
1 the using organisation shall be obliged to indicate in a suitable way the name of the organisation which has 
carried out the first broadcasting or transmission of the programme.
(5) (new – SG 77/02, in force from 01.01.2003; amend. - SG 99/05, in force from 10.01.2006 ; ame
nd. – SG 25/11, in force from 25.03.2011) Where a radio or television organisation authorizes the simultane
ous, entire and unmodified broadcasting of its programme through an electronic communication network of 
another organization, the authorization granted by the radio or television organization shall explicitly includ
e also the rights of broadcasting and transmission of the works included in the programme if these rights hav
e been duly granted to it.
 
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.Duration  
Art. 92. The rights of radio and television organisations under this Chapter shall expire after fifty ye
ars. This term shall run from the first of January of the year following the year in which the programme was 
broadcasted or transmitted for the first time.
 
Application by Analogy  
Art. 93. (amend. - SG 77/02, in force from 01.01.2003; amend. - SG 99/05, in force from 10.01.200
6) The provisions of Art. 8, Art. 18, para 3 , Art. 18a, 19, Art. 21, para 1 , 22, 23, Art. 24, para 1, items 1, 
2, 3, 8, 12, 13 and 14 , Art. 25a and 36 shall respectively apply also to the radio and television organisations.
 
Certifying the Right to Manufacturing and Distribution  
Art. 93a. (new – SG 10/98; revoked – SG 28/00, in force from 05.05.2000)
 
Chapter eleven.  
"a" RIGHTS OF THE MAKERS OF DATABASES (new – SG 77/02, in force from 01.01.2003)  
Owner of the Right  
Art. 93b. (new – SG 77/02, in force from 01.01.2003) (1) Owner of the right shall be the maker of t
he database.
(2) Maker of database shall be the natural or legal person, who has taken the initiative and the risk t
o invest in collecting, verifying or using the contents of a database, if this investment is significant in qualita
tive or quantitative respect.
 
Contents of the Right  
Art. 93c. (new – SG 77/02, in force from 01.01.2003) (1) The maker of database shall have the righ
t to prohibit:
1. the extraction through permanent or temporary transfer of the contents of the database or its signi
ficant in quantitative or qualitative respect part to another carrier by any means or in any form;
2. re-utilization of the contents of the database or a substantial in qualitative or quantitative respect 
part of it by making it available to the public by any means or in any form, including by distribution of copie
s, renting or by providing in digital way.
(2) Lending shall not be considered extraction or re-utilization in the sense of para 1.
(3) The right of para 1 may be transferred or granted to other persons.
(4) The maker of database shall have the right to prohibit the activities referred to in para 1 also reg
arding insubstantial part of its contents, when these activities are carried out repeatedly and systematically in 
a way conflicting with its normal exploitation or may prejudice the legitimate interests of the maker.
 
Exhaustion of the Right  
Art. 93d. (new – SG 77/02, in force from 01.01.2003) (1) (amend. and suppl. - SG 99/05) (*) The fi
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.rst sale on the territory of the Member States of the European Union of a material copy of a database by the 
owner of the right referred to in Art. 93c or with his consent shall exhaust his right to control the further sell
ing of its copy on this territory.
(2) Where a database is transferred in digital form, including in communication network, the right r
eferred to in Art. 93c shall not exhaust regarding the materialised copies of the database made by the recipie
nt with the consent of the owner of this right.
 
Collision with Other Rights  
Art. 93e. (new – SG 77/02, in force from 01.01.2003) (1) The right referred to in Art. 93c shall aris
e regardless of whether the database or the parts of its contents are protected by copyright or related rights.
(2) The right referred to in Art. 93c may not be exercised in a way, which could lead to infringeme
nt or restriction of copyright or related rights in the contents of the database.
 
Rights and Obligations of the Lawful Users  
Art. 93f. (new – SG 77/02, in force from 01.01.2003) (1) (new – SG 99/05, in force from 10.01.200
6) The person who has lawfully acquired the right to use a database or copy of it may freely carry out in resp
ect of it the activities referred to in Art. 18, para 2, items 1, 2, 3, 4, 5, 7 and 8  as well as activities related to 
the results eventually obtained from the translation, adaptation, processing and whatever other modifications 
which he has made to it when this is necessary to access the contents of the database and for its normal use. 
Where this person has right to use only part of the database, this provision shall be applied only with regard t
o this pArt.
(2) (prev. text of para 01 – SG 99/05, in force from 10.01.2006) Where a database has been many a
vailable to the public in whatever manner, its maker may not prevent the extraction or re-utilization of insub
stantial part of its contents for any purposes by a person, who has acquired in a lawful way access to it. Whe
re the lawful user has right to extract or re-utilize only part of the database, this provision shall apply only to 
that pArt.
(3) (prev. text of para 02 – SG 99/05, in force from 10.01.2006) The lawful user of a database whic
h has been made available to the public in whatever manner may not carry out activities which conflict with 
its normal exploitation or prejudice the legitimate interests of its maker.
(4) (prev. text of para 03 – SG 99/05, in force from 10.01.2006) The lawful user of data base which 
has been made available to the public in whatever manner may not infringe the rights of the owner of the co
pyright or related right in the works or subject matter contained in it.
(5) (new – SG 99/05, in force from 10.01.2006) Any agreement contradicting to the provisions of p
ara 1, 2, 3 and 4 shall be invalid.
 
Exceptions  
Art. 93g. (new – SG 77/02, in force from 01.01.2003) The lawful user of a database which has been 
made available to the public in whatever manner may, without the consent of its maker, extract or re-utilize i
n the sense of Art. 93c a substantial part of its contents in the following cases:
1. extraction for personal use of contents of a database of non-electronic form;
2. extraction without commercial purpose for illustration for teaching and scientific research to exte
nt justified by the purpose as long as the source is indicated;
3. extraction or re-utilization for the purposes of the national security or in the administrative or cou
rt procedures.
Източник: Правно-информационни системи "Сиела" 12.07.2022 г. 
Duration  
Art. 93h. (new – SG 77/02, in force from 01.01.2003) (1) The rights referred to in Art. 93c shall ex
pire after fifteen years. The term shall run from the first of January of the year following the year of complet
ion of the making of the database.
(2) In case the database has been made available to the public in whatever manner before the expira
tion of the term referred to in para 1, the term shall run from the first of January of the year, following the ye
ar of making it available to the public.
(3) Each new substantial investment in the database leading to significant change in the contents of 
the database shall qualify the part resulting from this investment for its new independent term of protection.
 
Division two "a".  
COLLECTIVE MANAGEMENT OF COPYRIGHT AND RELATED RIGHTS (NEW – SG 28/18, I
N FORCE FROM 29.03.2018)  
Chapter eleven "b".  
GENERAL PRINCIPLES (NEW – SG 28/18, IN FORCE FROM 29.03.2018)  
Basic Principles  
Art. 94. (New – SG 28/18, in force from 29.03.2018) (1) Collective management of copyright and r
elated rights (collective management) shall be the activity related to the management of the author's (copyrig
ht) and / or related rights at the same time on behalf of and at the expense of more than one holder of copyri
ght and / or related rights (rightholder) for their mutual benefit.
(2) Collective management shall include:
1. conceding to users of copyright and / or related rights in order to use protected works and other p
rotected subject-matter;
2. collection of the proceeds from the exercise of these rights, as well as from the rights to receive r
emunerations due according to this Act, including compensatory;
3. distribution and payment to rightholders of the sums collected from the use;
4. protection of the rights managed;
5. monitoring how rights are being exercised.
(3) Not considered as collective management shall be any activities of producers of films or other a
udio-visual works, sound recording producers, radio- and television broadcasting organizations and publishe
rs, including publishers of books, musical works and periodicals, as well as any activities of persons acting a
s agents or intermediaries when representing authors or performers in their relations with collective manage
ment organizations.
 
Collective Management Entities  
Art. 94a. (New – SG 28/18, in force from 29.03.2018) (1) Collective management may be exercised 
by:
1. a collective management organization;
2. an independent management entity.
(2) A collective management organization shall be any non-profit-making organization which is to 
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.be established, managed and controlled by its members-rightholders and which, under contracts with rightho
lders or with other collective management organizations, having concluded a mutual representation contract 
with them, is authorized to perform collective management of rights as its sole or principal activity, or this is 
entrusted to it under this Act.
(3) An independent management entity shall be any commercial entity which is not owned or contr
olled directly or indirectly, wholly or partly, by rightholders, and is authorized under contracts with righthol
ders to perform activities to do with collective management of rights, as its sole or principal activity. Contra
cts with rightholders shall enter into force on the day of the issuance of a certificate of registration of the ind
ependent entity.
(4) Collective management organizations may not professionally pursue activities in which works o
r other protected subject-matter are used within the meaning of this Act.
(5) (amend. - SG 17/19) Collective management organizations and independent management entitie
s shall process the personal data provided to them in accordance with the requirements for its protection.
 
Authorization  
Art. 94a 1. (New – SG 28/18, in force from 29.03.2018) (1) Authorization for collective managemen
t of rights shall be made in writing and explicitly for each category of rights, types of rights, types of works 
or other types of protected subject-matter (types of rights, works or other protected subject-matter).
(2) Any rightholder who is the citizen of another Member State of the European Union or has establ
ished himself there, or is resident in such a country, may authorize following a contract any organization of 
his choice for collective management of rights, irrespective of the Member State, in which said organization 
has its seat, to manage collectively his various categories and types of rights for all his works or other protec
ted subject-matter, or for parts thereof and for territories of his own choosing. The collective management or
ganization may refuse to perform collective management, for which it has received registration under Art. 9
4b, only when there are objectively justified reasons for this.
(3) The rightholder may authorize different organizations for collective management, or independe
nt management entities, to manage different categories of his rights, types of rights, works, or other subject-
matter. The rightholder may independently allow the non-commercial use of his works or other subject-matt
er of protection by notifying the collective management organization, in which he is a member. In all other c
ases of individual conceding of rights of use, permitted by the Statute of the organization, the rightholder sha
ll owe notification, if the Statute so requires.
(4) The rightholder may terminate his authorization of the collective management organization or 
may withdraw from it the collective administration of selected categories of rights, types of rights, works or 
other protected subject-matter for territories of his choice, by written notice whose period is to be no longer t
han 6 months. The collective management organization may provide in its Statutes that such termination or 
withdrawal is to take effect from the beginning of the following calendar year. Where collective administrati
on of rights is mandatory, the rightholder may only authorize another collective management organization.
(5) The rightholder shall retain his rights under Art. 94k 1, 94l, 94q1, 94r1, 94u2 and 94w1 for amo
unts, which the collective management organization owes him for the use of his works or other subject-matt
er, effected prior to the entry into force of the termination or withdrawal, or for amounts received following 
an authorization to use granted by the organization until the termination or withdrawal takes effect.
(6) No collective management organization may restrict the exercise of the rights under Para. 4 and 
5 with requirements that the management of rights being terminated or withdrawn be entrusted to another co
llective management organization.
 
Relevancy  
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.Art. 94a 2. (New – SG 28/18, in force from 29.03.2018) The provisions of this Act shall also apply t
o organizations and companies owned or controlled, directly or indirectly, wholly or in part, by collective m
anagement organizations or by independent management entities, when exercising activities of collective ma
nagement.
 
Chapter eleven "c".  
REGISTRATION (NEW – SG 28/18, IN FORCE FROM 29.03.2018)  
Registration requirement  
Art. 94b. (New – SG 28/18, in force from 29.03.2018) (1) Collective administration of rights shall 
be carried out after registration from the Minister of Culture or a Deputy Minister authorized by him.
(2) The registration under Para. 1 shall be for an indefinite term.
 
Terms of Registration  
Art. 94b 1. (New – SG 28/18, in force from 29.03.2018) (1) The registration shall be made upon sub
mission of an application by:
1. a non-profit association or a commercial company registered under the Bulgarian legislation or u
nder the legislation of another Member State of the European Union or of another state-party to the Agreeme
nt on the European Economic Area or of the Swiss Confederation;
2. a person entitled to collectively manage copyright or related rights under the legislation of anothe
r Member State of the European Union or of another state-party to the Agreement on the European Economi
c Area or of the Swiss Confederation, or of a third country.
(2) The registration shall be made when:
1. the applicant has been authorized following two or more written contracts with rightholders, or b
y other collective management organization under a mutual agency contract to carry out on its behalf collect
ive management, as specified in the application;
2. the applicant has met the conditions under Art. 94t1, if the application is for multi-territorial gran
t of use of musical works over the Internet under Chapter Eleven "i" ;
3. the Statutes, respectively the company agreement or the instrument of incorporation of the applic
ant provides for collective administration of the categories of rights, types of rights, works or other subject-
matter, to which the application for registration relates, as a single or principal activity;
4. the applicant is not in insolvency or liquidation proceedings;
5. the application for registration has been filed after the expiration of 12 months from the entry int
o force of an order for deletion of the registration.
(3) The application for registration shall be in the form of a template approved by the Minister of C
ulture, and shall state the legal status of the applicant, the categories of rights, the types of rights, the works 
and other subject-matter, for which registration is sought, and whether the conditions under Art. 94c, Para. 
3 or of Chapter Eleven "i"  are present.
(4) The following shall be attached to the application for registration:
1. a document certifying the creation, issued up to one month before the date of filing the applicatio
n - for an applicant who is a foreign person;
2. a certified copy of the Statutes - for an applicant non-profit organization, respectively document f
or establishment - for an applicant who is a foreign person;
3. a list of the members indicating in what capacity the person is a member – for an applicant who i
s a non-profit-making organization, respectively a list of the rightholders who have assigned collective admi
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.nistration of rights - for an applicant who is a trade company;
4. a declaration that the applicant is not in insolvency or liquidation proceedings;
5. a declaration of the address of the applicant's website;
6. (amend. - SG 47/19) certified copies of two or more contracts under which right holders authoriz
e the applicant collectively manage all copyright, and where the application is for registration under Art. 94
c, Para. 3  - certified copies of two or more contracts under which right-holders authorize the applicant to col
lectively manage all copyright and related rights in the works and other objects of protection specified in the 
contracts;
7. a certified copy of a Representation agreement;
8. Information on the contracts under Art. 94a, Para. 3 , which assign collective administration of ri
ghts: rightholder, categories of rights, types of rights, works and other subject-matter, term and territory - for 
an applicant who is a trade company;
9. certified copies of the contracts of mutual representation with similar foreign organizations for co
llective administration of rights, if concluded, and a list of these organizations, indicating the term, territory, 
categories of rights, types of rights, works and other protected subject-matter – for an applicant non-profit or
ganization;
10. a declaration that the applicant - a collective management organization - meets the conditions u
nder Art. 94t1, Para. 2 - when the application is under Chapter Eleven "i" ;
11. a document for paid fee.
(5) The application for registration and the documents attached thereto shall be submitted in Bulgar
ian. If any document under Para. 4 is in a foreign language, it must be accompanied by an accurate translatio
n into Bulgarian by a sworn translator.
(6) (Suppl. - SG 47/19) The application for registration and the documents attached thereto shall be 
submitted in writing, or electronically signed with a qualified electronic signature, as required by Regulation 
(EU) № 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic ide
ntification and trust services of e-commerce transactions in the internal market and on repealing Di
rective 1999/93/EC (OJ, L 257/73 of 28 August 2014), hereafter referred to as "Regulation (EU) № 
910/2014", of the Electronic Document and Electronic Trust Services Act  and the Electronic Govern
ment Act .
 
Registration  
Art. 94c. (New - SG 28/18, in force from 29.03.2018) (1) Where the application is for registration f
or collective administration of rights under Chapter Eleven "i" , and during the registration procedure an ap
plication has been filed by another non-profit association, the applicant who has already been registered for 
collective administration of such rights on the territory of the Republic of Bulgaria shall receive the registrat
ion and, where there is none such - the applicant with a wider representation. In case a registered collective 
management organization already exists, the applicant must submit a representation agreement under Para. 2 
with the registered organization.
(2) Where the application is for registration for the collective management to broadcast by wireless 
means, transmission or re-transmission by cable, live performance or granting wireless or cable access of an 
unlimited number of persons to any work or other subject of protection, or to parts thereof in such a way as t
o allow such access to be carried out at a time and place individually chosen by each of them, or only for on
e of those rights, and for this there already is a registered collective management organization, the applicant-
collective management organization or an independent management entity, shall obtain the registration follo
wing the submission of a representation agreement with the already registered organization. The registered o
rganization can not unreasonably refuse to conclude such an agreement. Any refusal shall be deemed unjusti
fied where the grounds for it are not related to the content of the representation agreement and / or with the r
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.egistration of the collective management organization.
(3) Agreement under Para. 2 shall not be required when the application for registration has been file
d by an applicant-independent management entity, and refers to the collective management of live performa
nce by providing the sound in publicly accessible premises, areas and vehicles. The applicant shall maintain 
on its website the information on the assigned collective administration of rights by rightholders: rightholder
s, categories of rights, types of rights, works and other subject-matter, term and territory.
(4) (Suppl. - SG 94/18) Where the application and the documents attached thereto do not meet the r
equirements of Para. 1-3 and Art. 94b 1, Para. 3 - 6, the applicant shall be informed of this by giving him a o
ne-month time limit to remedy the irregularities, together with instructions that the proceedings will be termi
nated if they are not removed.
(5) The application under Art. 94b 1, Para. 3 and the documents attached thereto shall be considere
d within two months from their submission, and in the cases under Para. 4, second sentence – from the remo
val of the irregularities.
(6) (Suppl. - SG 94/18) Within the term under Para. 5, the Minister of Culture or a Deputy-Minister 
authorized by him shall issue an order for registration, or for refusal to register.
(7) (Suppl. - SG 94/18) The Minister of Culture or a Deputy-Minister authorized by him shall refus
e the registration when:
1. evident from the submitted documents it has been established that the applicant does not meet th
e requirements under Art. 94b 1, Para. 2;
2. the content of the representation agreement under Para. 2 does not meet the requirements under 
Art. 94c 1;
3. the application was filed before the expiration of 12 months from the entry into force of an order 
for deletion of the registration.
(8) The refusal to register may be challenged by the order of the Administrative-Procedure Code .
(9) Any registered applicant shall be issued a registration certificate. The certificate shall be of inde
finite term and shall contain:
1. the number and the date of issue;
2. the name, the registered office and the address of management, the registration data and represen
tation data of the registered legal person and the unique identification code, respectively the BULSTAT cod
e;
3. the categories of rights, types of rights, works and other subject-matter covered by collective ma
nagement;
4. the name of the organization authorized by the representation agreement to manage the rights un
der item 3 - in the cases under Para. 2;
5. the information that the collective administration of rights refers only to the categories of rights, t
ypes of rights, works and other subject-matter indicated on the registered person's website - in the cases und
er Para. 3;
6. the information that collective management also applies to multi-territorial authorization of the u
se of musical works on the Internet - in the cases of Chapter Eleven "i".
(10) In the event of a change in the circumstances entered in the issued certificate or under Art. 94b
1, Para. 2 and 4 , the registered person shall notify the Minister of Culture within 14 days of the change occu
rring, and shall present certified copies of the relevant documents and a document for paid fee. The provisio
ns of this Chapter shall apply accordingly.
 
Representation Agreement  
Art. 94c 1. (New - SG 28/18, in force from 29.03.2018) (1) The representation agreement under Art. 
94c, Para. 2  shall contain:
1. the authorization of the registered organization to authorize the use of works and other protected 
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.subject-matter, for which the applicant has been assigned collective management;
2. the authorization of the registered organization to collect - according to its tariffs - the remunerati
on due for the use under item 1;
3. the categories of rights, types of rights, works and other protected subject-matter, as well as the h
olders of rights, to whom the agreement relates;
4. the types of works and other protected subject-matter, for which the applicant has been assigned 
collective management;
5. the term and the territory of the representation;
6. the evidence by the applicant about the rightholders and works of art and other protected subject-
matter represented by him, as well as the periodicity of their updating;
7. the way of determining the share of the collected remuneration due to the applicant according to t
he use of the works and other protected subject-matter, for which collective management is assigned, and th
e terms for their payment to the applicant; the registered organization shall not be responsible for the subseq
uent distribution of the remuneration paid to the applicant;
8. the way of exchange of information for the identification of the works or other protected subject-
matter and the holders of rights;
9. the manner and the term for settling the relations between the parties to the agreement and the us
ers upon termination or dissolution of the Representation agreement;
10. the manner and the deadline for notifying the Minister of Culture of the termination or dissoluti
on of the Representation agreement, which may not be longer than 14 days from the termination or dissoluti
on.
(2) The Representation agreement may contain other provisions as well.
 
Register 
Art. 94d. (New - SG 28/18, in force from 29.03.2018) (1) (Suppl. - SG 94/18) The Minister of Cult
ure or a Deputy-Minister authorized by him shall keep and maintain a public register of the persons who hav
e received a registration under Art. 94b for collective administration of rights. The register shall be publishe
d on the website of the Ministry of Culture.
(2) The register under Para. 1 shall contain two sections:
1. first section – for organizations for collective administration of rights;
2. second section - for independent management entities.
(3) In the section under Para. 2, item 1 shall be entered:
1. the number and date of the certificate;
2. the name, the registered office, the address of management, the registration data of the legal pers
on and the single identification code, respectively the BULSTAT code;
3. the members of the governing bodies subject to election and the representative persons;
4. telephone number, e-mail address and contact person;
5. the categories of rights, types of rights, works and other protected subject-matter covered by coll
ective management;
6. the collective management organization authorized under a Representative agreement to authoriz
e the use of the types of works and other protected subject-matter, for which the registered person-collective 
management organization has been assigned collective administration of rights in the cases under Art. 94c, 
Para. 2;
7. similar foreign organizations for collective administration of rights, with which mutual represent
ation contracts have been concluded, indicating the categories of rights, types of rights, works or other prote
cted subject-matter, the term and the territory under the contract;
8. the changes in the circumstances under items 2 - 7;
9. the grounds and the date of amendment of the issued certificate;
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.10. the deletion of the registration;
11. the information about the persons applying for registration, the number and the type of the attac
hed documents.
(4) In the section under Para. 2, item 2 shall be entered:
1. the number and date of the certificate;
2. the name, registered office, management address, commercial registration data and the unique id
entification code;
3. representative persons;
4. telephone number, e-mail address and contact person;
5. the categories of rights, types of rights, works and other protected subject-matter covered by the 
collective administration of rights;
6. the collective management organization authorized under a representation agreement to authorize 
the use of the types of works and other protected subject-matter, for which the registered person-independen
t management entity, has been assigned collective management in the cases under Art. 94c, Para. 2 ;
7. the information that collective administration of rights refers only to the categories of rights, type
s of rights, works and other protected subject-matter indicated on the registered person's website in the cases 
under Art. 94c, Para. 3 ;
8. the rightholders who by contract have authorized the registered person to perform activities to do 
with collective management;
9. the changes in the circumstances under items 2 to 8;
10. the grounds and the date of amendment of the issued certificate;
11. the deletion of the registration;
12. the information about the persons who have applied for registration, the number and the type of 
the attached documents.
(5) (Suppl. - SG 94/18) Upon change of circumstances entered in the register, the Minister of Cultu
re, or a Deputy-Minister authorized by him, shall update it.
 
Deletion of Registration  
Art. 94d 1. (New - SG 28/18, in force from 29.03.2018) (1) The registration shall be deleted and the 
certificate shall be invalidated by an order of the Minister of Culture or a Deputy Minister authorized by him 
where:
1. the registration of the legal entity has been deleted;
2. the registered person has filed a written request for deletion of the registration in whole or for cer
tain categories of rights, types of rights, works or other protected subject-matter;
3. following due order, it has been established that incorrect data is entered in the documents attach
ed to the application for registration under Art. 94b 1, para. 4;
4. the registered person is in insolvency or liquidation proceedings;
5. the registered person-independent management entity does not publish or systematically does not 
update the data under Art. 94c, Para. 3 , sentence two on his website;
6. the Representation agreement is terminated or dissolved when it is a condition for registration;
7. the registered person has not concluded contracts with users for two years from the date of registr
ation;
8. the registered person-organization for administration of collective rights systematically fails to di
stribute the collected remuneration from the collective administration of rights to its members in accordance 
with the requirements of this Act and / or the internal rules for distribution under Art. 94h, Para. 2, item 5 ;
9. it is established with an enforceable judicial act that the registered person-independent managem
ent entity fails to fulfill its obligations under contracts with more than three rightholders, whose rights it man
ages;
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.10. the registered person fails to comply with mandatory prescription under Art. 94y, Para. 9 ;
11. the registered person performs systematic violations of this Title.
(2) The order for deletion of the registration may be challenged by the order of the Administrative-
Procedure Code .
 
Fees 
Art. 94e. (New - SG 28/18, in force from 29.03.2018) For the examination of applications for regist
ration, for entering any changes in registration, for issuance of a certificate of a registered person and for app
roval of the tariff under Art. 94p, including its amendment and supplement, fees shall be collected at the rat
es determined by a fee tariff for the fees collected in the system of the Ministry of Culture, approved by the 
Council of Ministers.
 
Chapter eleven "d".  
COLLECTIVE MANAGEMENT ORGANIZATIONS (NEW - SG 28/18, IN FORCE FROM 29.03.20
18) 
Establishment  
Art. 94e 1. (New - SG 28/18, in force from 29.03.2018) (1) Collective management organizations of 
rights shall be established by rightholders.
(2) Any publisher, to whom the author has ceded other rights, in addition to the right to reproductio
n and distribution, may grant the management of these rights to an organization under Para. 1.
(3) Collective management organizations can not make profit and shall be obliged to distribute and 
pay all the amounts received by the collective management between the rightholders after deducting the nec
essary for the maintenance of their activities.
 
Membership In Collective Management Organizations  
Art. 94f. (New - SG 28/18, in force from 29.03.2018) (1) Members of collective management organ
izations may be natural and legal persons-holders of rights, other collective management organizations, asso
ciations of rightholders and other organizations which meet the membership requirements laid down in the S
tatutes of the given organization.
(2) Membership requirements of collective management organizations shall not include conditions 
which to lead to discrimination of members on the basis of their nationality, place of residence or place of es
tablishment.
(3) Collective management organizations shall be obliged to publish membership requirements on t
heir websites.
(4) Collective management organizations may refuse to accept as a member a person who:
1. wishes to authorize such organization to manage categories of rights, types of rights, works or ot
her protected subject-matter, the management of which does not fall within the scope of the organization’s a
ctivities;
2. is represented by another organization or association - member of the organization for collective 
management.
(5) Should any collective management organization refuse membership, it shall be obliged to provi
de the rightholder with a reasoned written refusal.
(6) The activity of any collective management organization shall be carried out in the interest of the 
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.persons, whose rights it manages, and cannot impose on them obligations which are not objectively necessar
y for the protection of their rights and interests, or for the effective management thereof.
(7) Members of any collective management organization shall have the right to be informed about i
ts activities and to participate in the decision-making process related to said activities.
(8) Collective management organizations shall be obliged to create conditions for communication 
with its members by electronic means.
(9) Collective management organizations shall be obliged to keep a file for each of its members and 
to update it on a regular basis.
 
Rights of Rightholders Who Are Not Members of a Collective Management Organization  
Art. 94g. (New - SG 28/18, in force from 29.03.2018) The provisions of Art. 94f, Para. 8 , Art. 94r
1, Art. 94v, Para. 2  and Art. 94w 1 shall also apply to right holders who, by contract or by law, have a direct 
relationship with a collective management organization, but are not its members.
 
Statutes and Organization of the Activity  
Art. 94g 1. (New - SG 28/18, in force from 29.03.2018) The statutes of the collective management o
rganization shall contain:
1. the categories of rights, types of rights, works or other protected subject-matter, which the organi
zation manages collectively; the statutes shall state whether the rights for collective management are to be ce
ded on an exclusive or non-exclusive basis;
2. the rights and obligations of the members;
3. membership requirements in the organization;
4. the criteria on the basis of which membership of the organization may be refused, and the proced
ure for appeal against refusals;
5. the order for accepting new members, and for termination of membership;
6. the procedure for convening the general meeting, taking the decisions, keeping and documenting 
the meetings;
7. the organization's management and supervisory bodies;
8. the conditions under which a person cannot be elected as a member of the management and super
visory bodies, which may also include restrictions on the duration of membership and/or the amount of the s
ums received by the organization;
9. the conditions and the procedure for changing a member of the Management Board before the ex
piration of his term of office;
10. the options for early termination of the mandate of a member of the Management Board, includi
ng the cases in which the legal persons - members of the management board are obliged to return their repre
sentative to the council;
11. the order for convocation of the Management Board, the taking of the decisions, keeping and do
cumenting its meetings;
12. the order of members to participate in the decision-making and the criteria for limiting it;
13. the order for deciding on the conclusion of a Representation agreement;
14. the termination and liquidation of the organization.
 
General Assembly  
Art. 94h. (New - SG 28/18, in force from 29.03.2018) (1) The General Assembly of the collective 
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.management organization shall convene at least once a year.
(2) The General Meeting shall:
1. adopt, amend and supplement the Statutes;
2. elect and dismiss members of the Management Board and of the Supervisory Board;
3. approve the amount of remuneration and other benefits, which members of the Management Boa
rd and the Supervisory Board receive from the organization;
4. decide to terminate the existence of the organization;
5. adopt, amend and supplement the rules for distribution of revenues from collective management;
6. decide on:
a) the rules for the use of the amounts which can not be distributed;
b) the overall investment policy on revenue from collective management and from the invested reve
nue generated by collective management;
c) the general policy on revenue deductions from collective management and from any revenue fro
m the investment of that revenue;
d) the use of amounts which cannot be distributed;
e) the risk management policy;
f) the approval of any acquisition, sale or mortgage of the real estate of the organization;
g) the approval of any merger, association, the formation of subsidiaries and the acquisition of unde
rtakings, shares or rights in other undertakings;
h) the approval of proposals for borrowing, lending and providing collateral for loans related to the 
organization's activities;
7. appoint and dismiss a registered auditor;
8. approve the annual report;
9. determine the criteria, terms and conditions for the provision of social, cultural or educational ser
vices;
10. take other decisions provided in the Statutes.
(3) The General Assembly may delegate the powers under Para. 2, item 6, letters "e", "f", "g" and "
h" to the Supervisory board by decision or according to the Statutes.
 
Participation in the General Assembly  
Art. 94h 1. (New - SG 28/18, in force from 29.03.2018) (1) The members of the collective managem
ent organization shall be entitled to participate in the General Assembly and to vote, unless otherwise provid
ed for in the Statutes.
(2) In its Statutes, the organization may provide for restrictions on the right under Para. 1 on the bas
is of one or two of the following criteria, provided that they are established in a fair and proportionate mann
er:
1. duration of membership;
2. amount of the sums received or due by the organization.
(3) Where the organization has different categories or groups of members depending on the categor
ies of rights or types of works and other protected subject-matter, including by genre, they must be represent
ed fairly and with balance in the General Assembly.
(4) The criteria under Para. 2 shall be publicly available in accordance with Art. 94r and 94s.
 
Voting in the General Assembly  
Art. 94i. (New - SG 28/18, in force from 29.03.2018) (1) Any member of a collective management 
organization, entitled to participate in the General Assembly, when voting on the decisions of the assembly, 
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.shall have the right of one vote.
(2) Unless otherwise provided in the Statutes of the organization, any member entitled to participat
e in the General Assembly may authorize another member - a natural or legal person - to attend and vote on 
his behalf, provided that this does not lead to a conflict of interest. There is a conflict of interest present whe
never the authorizing officer and the authorized belong to different categories or groups of rightholders.
(3) The authorization under Para. 2 shall be in writing and be valid for the respective general assem
bly.
 
Management Board  
Art. 94i1. (New - SG 28/18, in force from 29.03.2018) (1) The collective management organization 
shall have a Management Board.
(2) The members of the Management Board and the term for which they are to be elected shall be d
etermined in the Statutes of the organization. Any legal person-member of the Management Board shall be r
epresented in the board by its legal representative or an explicitly authorized natural person.
(3) The Management Board shall elect a Chairperson from among its members. The Statutes may p
rovide that the Chairperson is to be elected by the General Assembly.
(4) Each member of the Management Board shall submit annually to the General Assembly an indi
vidual declaration with information on:
1. the interests related to the collective management organization;
2. the forms of tangible and intangible remunerations and benefits received during the previous cale
ndar year by the organization, including from pension, social, cultural and other funds;
3. the sums it received in the previous calendar year from the organization in its capacity of righthol
der;
4. the actual or potential conflict of interest between the declarant's personal interests and those of t
he organization, or between any other obligations towards the organization and obligations towards other nat
ural or legal persons.
(5) Any person who is proposed to become member of the Management Board before the election s
hall submit to the General Assembly a declaration on the absence of obstacles preventing him from being ch
osen according to the Statutes, as well as for circumstances under Para. 4, items 1 and 4.
(6) The Management Board shall:
1. prepare and submit for voting at the General Assembly the rules for distribution of revenues fro
m the management of copyright by the organization;
2. elect or appoint an Administrative Head of the organization, and determine their remuneration;
3. accept and exclude members of the organization, unless the Statutes provides otherwise;
4. fulfill other obligations provided for in law or in the Statutes.
 
Supervisory Board  
Art. 94j. (New - SG 28/18, in force from 29.03.2018) (1) The collective management organization s
hall have a Supervisory Board. The Supervisory Board shall not participate in the management of the organi
zation and shall not represent it.
(2) The Supervisory Board shall consist of at least three members of the organization. They shall be 
elected for a term not exceeding five years.
(3) The requirements of Art. 94i1, Para. 4 and 5  shall also apply to the members of the Supervisor
y Board.
(4) The Supervisory Board shall elect a Chairperson from among its members. The Statutes may pr
ovide that the Chairperson be elected by the General Assembly.
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.(5) The Supervisory Board shall:
1. monitor the activities and the fulfillment of the obligations of the persons who manage the organi
zation, including the implementation of the decisions of the General Assembly, taken on the grounds of Art. 
94h, Para. 2, items 1-5 ;
2. exercise the powers assigned to it by the General Assembly or the Statutes of the organization ac
cording to Art. 94h, Para. 3 .
(6) The Supervisory Board shall report on its activities to the General Assembly at least once a year
.
 
Subsidiarity in Application  
Subsidiarity in application  
Art. 94j1. (New - SG 28/18, in force from 29.03.2018) For the issues not settled in this chapter, the 
Non-Profit Legal Entities Act  shall apply.
 
Chapter eleven "e".  
MANAGEMENT OF REVENUE FROM COLLECTIVE MANAGEMENT (NEW - SG 28/18, IN FO
RCE FROM 29.03.2018)  
Collection and Use of Remuneration  
Art. 94k. (New - SG 28/18, in force from 29.03.2018) (1) The collective management organization 
shall separately indicate in its accounting report:
1. the revenues from collective management and from the investment of these revenues;
2. all own assets and income theirof, from deductions for own subsistence and from other activities.
(2) The organization under Para. 1 may not use the revenues from the collective management or the 
revenues from the investment of these revenues for purposes other than their distribution among the righthol
ders, except where, in accordance with a decision taken pursuant to Art. 94h, Para. 2, item 6, letter “c”  is a
llowed to reduce or offset own-funding deductions, or to use revenue from the collective management or the 
investment of that revenue in accordance with a decision taken pursuant to Art. 94h, Para. 2, item 6 .
(3) The organization under Para. 1 shall invest the revenues from the collective management and th
e revenues from the investment of these revenues in the interest of the rightholders, which it represents, in ac
cordance with the general investment policy and the risk management policy in the meaning of Art. 94h, Pa
ra. 2, item 6, letters "b" and "e" . Investment must also meet the following requirements:
1. where there is any potential conflict of interest, the organization shall ensure that the investments 
have been made only in the interest of rightholders;
2. assets are invested so as to ensure the security, quality, liquidity and profitability of the investme
nt as a whole;
3. assets are allocated in such a way as to avoid over-reliance on an asset and excessive accumulati
on of risk in the investments.
 
Deductions  
Art. 94k 1. (New - SG 28/18, in force from 29.03.2018) (1) The collective management organization 
shall provide in advance to any rightholder wishing to become a member information on the deductions perf
ormed by the organization from revenue from collective management and from any revenue from investing t
hese revenues.
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.(2) Deductions shall be determined on the basis of objective criteria and must take into account the 
services rendered to the holders of rights, including the services provided under Para. 5.
(3) Deductions may not exceed the justified and documented costs for the collective management m
ade by the organization.
(4) Requirements relating to use and transparency in the use of amounts collected as deductions or 
compensated by deductions must apply to any other charge made to cover the cost of collective management
.
(5) In the event that the organization provides social, cultural or educational services financed by in
come deductions or other revenue arising from the investment of that revenue, services shall be provided on 
the basis of fair criteria with regard to access to them and to their scope.
 
Distribution of Due Amounts to Rightholders  
Art. 94l. (New - SG 28/18, in force from 29.03.2018) (1) Any collective management organization, 
or its collective member representing rightholders, shall distribute and pay regularly, accurately and with du
e care the amounts due according to the rules of distribution of revenue from collective management. The or
ganization or its collective member shall pay the entitled rightholders they are representing the amounts due 
as soon as possible but not later than 30 September of the year following the year in which the sums are coll
ected. This deadline may be disregarded only for objective reasons relating to the receipt of information by u
sers, the establishment of rights, the identification of right holders or the establishment of a link between the 
information on the works used and other protected subject-matter with the information on the rightholders o
n them.
(2) The collective management organization shall take action to identify and establish the location o
f the rightholders.
(3) Amounts which cannot be distributed within the term under Para. 1 as rightholders cannot be id
entified or their whereabouts cannot be established and there are no objective reasons why the time limit is n
ot to be respected, shall be indicated separately in the organization's accounts report.
(4) Within three months after the expiration of the term under Para. 1, second sentence, the collecti
ve management organization shall provide access to the information on works and other protected subject-m
atter, for which one or more rightholders have not been identified or whose location has not been established
, to:
1. the rightholders they represent or their collective members;
2. collective management organizations, with which it has concluded contracts for mutual represent
ation.
(5) The information under Para. 4 shall include, if possible:
1. the title of the work or the object of protection;
2. the name of the rightholder;
3. the name of the respective publisher or producer;
4. any other available relevant information, including from the rightholders’ files, which could help 
identify the rightholder.
(6) Where rightholders cannot be identified, or their location cannot be established, within one year 
after the expiration of the term under Para. 4, the collective management organization shall publicly disclose 
on its website the information under Para. 5.
(7) Remunerations payable to rightholders which can not be distributed within three years from the 
end of the year in which they were collected, and for which the organization for collective administration of 
rights has taken actions in accordance with Para. 2 to identify rightholders and establish their location, shall 
be considered non-distributable.
(8) Amounts not subject to distribution shall be used by decision of the General Assembly, taken un
der the procedure of Art. 94h, Para. 2, item 6, letter "d" . They can be spent on financing social, cultural a
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.nd educational activities for the benefit of rightholders.
(9) Any rightholder may bring an action against the collective management organization for any du
e remuneration of his, under the general claim order.
 
Chapter eleven "f".  
COLLECTIVE MANAGEMENT ON BEHALF OF OTHER COLLECTIVE MANAGEMENT ORG
ANIZATIONS (NEW - SG 28/18, IN FORCE FROM 29.03.2018)  
Obligation for Equal Treatment  
Art. 94l1. (New - SG 28/18, in force from 29.03.2018) The collective management organization sha
ll not discriminate against rightholders, whose rights it manages following a contract for mutual representati
on, especially as regards the application of its tariffs, the conditions for collecting remuneration, the deducti
ons for its own maintenance, and the distribution of the amounts due to rightholders.
 
Deductions and Payments in Contracts for Mutual Representation  
Art. 94m. (New - SG 28/18, in force from 29.03.2018) (1) The collective management organization 
shall, regularly, accurately and diligently, distribute and pay the amounts collected from the collective mana
gement or from the proceeds from the investment of such amounts, which are payable under contracts for m
utual representation to other collective management organizations.
(2) The collective management organization may make deductions on the amounts under Para. 1 on
ly for its own maintenance, unless the organization, with which the contract for mutual representation is con
cluded, has explicitly given permission to make other types of deductions.
 
Payment of the Collected Amounts  
Art. 94m 1. (New - SG 28/18, in force from 29.03.2018) (1) The collective management organizatio
n shall distribute and pay the amounts under Art. 94m, Para. 1  no later than September 30 th of the year foll
owing that in which the amounts are collected.
(2) The term under Para. 1 may be disregarded only for objective reasons relating to the receipt of i
nformation by users, the establishment of rights, or the identification of rightholders, or the establishment of 
compliance between information on works and other protected subject-matter with the information on the ho
lders of rights.
 
Distribution and Payment of the Amounts Received  
Art. 94n. (New - SG 28/18, in force from 29.03.2018) The collective management organization or it
s collective members representing rightholders, shall distribute and pay the sums received under the procedu
re of Art. 94m, Para. 1 , to the holders of rights they represent, within 6 months of their receipt. This time li
mit may be disregarded only for objective reasons relating to the receipt of information by users, the establis
hment of rights, the identification of rightholders, or the establishment of consistency between the informati
on on the works used and other protected subject-matter with the information on the rightholders of these su
bject-matter.
 
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.Chapter eleven "g".  
RELATIONS WITH USERS (NEW - SG 28/18, IN FORCE FROM 29.03.2018)  
Ceding of Usage Rights  
Art. 94n 1. (New - SG 28/18, in force from 29.03.2018) (1) The collective management organization 
or the independent management entity shall, under contract, cede to the users the collectively managed right
s of use of works or other protected subject-matter.
(2) Negotiations for concluding contracts under Para. 1 shall be conducted in good faith. Each Party 
shall provide the other Party with the information required to conclude a contract, if available.
(3) The terms of the contracts under Para. 1, concluded by an organization for collective manageme
nt, shall be based on objective and non-discriminatory criteria.
(4) Where the collective management organization cedes rights to use through Internet service of a 
new type, offered in the territory of the Member States of the European Union, for less than three years, the 
organization shall not be bound by the terms agreed with a user to surrender rights for other types of use thro
ugh an internet service.
 
Concluding Contracts with Users  
Art. 94o. (New - SG 28/18, in force from 29.03.2018) (1) The collective management organization 
shall, within a reasonable time, respond to a request by a user for concluding a contract to cede the collective
ly managed rights. The organization shall inform the user of the information necessary to prepare a draft con
tract. When it receives this information, the collective management organization shall send a draft contract t
ogether with its tariff for the respective type of use, or shall submit a motivated written refusal.
(2) The collective management organization shall provide conditions for exchange of information b
y electronic means, including information relating to users' reports, on the use of the rights ceded.
(3) The collective management organization shall provide users with a list of rightholders expressly 
disagreeing with the organization representing them, or to receive remuneration from it, the categories of rig
hts, types of rights, works and other protected subject-matter for which this refusal applies, as well as the ad
dress of its website for additional information, if any.
 
Obligations of Users  
Art. 94o 1. (New - SG 28/18, in force from 29.03.2018) (1) Any user who has entered into a contract 
with a collective management organization shall give the information at his disposal which is necessary for t
he collection, distribution and payment of the amounts due to the rightholders.
(2) The format of the reports and the deadlines for their submission shall be determined in advance 
by the collective management organization, depending on the rights granted and the methods of use, or shall 
be defined in the contract with the user, taking into account good practices, data from public registries and ot
her publicly available information.
 
Approval of Tariffs  
Art. 94p. (New - SG 28/18, in force from 29.03.2018) (1) The contracts under Art. 94n 1, Para. 1, c
oncluded with a collective management organization, provide remuneration for rightsholders on the basis of 
tariffs. Contractual tariffs must be tailored to the economic value of the use of rights in commercial activity, 
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.taking into account the nature and extent of the use of the works and other protected subject-matter, as well 
as the economic value of the services provided by the collective management organization, to treat users of t
he same category on an equal footing. Tariffs shall not be mandatory when negotiating the use of stage work
s within the meaning of Art. 3, Para. 1, item 3 . On request, the collective management organization shall in
form users of the economic criteria used to determine the tariffs.
(2) The tariffs under Para. 1 shall be prepared after prior consultation with the representative user or
ganization for each use, if such organization exists. A representative user organization shall be such organiza
tion which represents users with a larger market share for the respective mode of use of the relevant categor
y and type of rights, and where there is no objective data on this share - a larger number of users, and its Stat
utes provide for negotiation with organizations for collective administration of rights.
(3) The discussion under Para. 2 shall start at the proposal of the collective management organizatio
n towards the representative user organization, accompanied by a draft tariff and economic justification. Up
on agreement, the parties shall sign a written agreement on the tariff. The collective management organizatio
n shall submit a written application to the Minister of Culture for the approval of a tariff. The tariff shall be a
pproved by an order of the Minister of Culture, or a Deputy Minister empowered by him, on the basis of the 
written tariff agreement.
(4) Where, within 9 months of receipt of the proposal under Para. 3, no agreement is reached, the c
ollective management organization shall file a written application to the Minister of Culture for the approval 
of a tariff. The documents under Para. 13 shall be attached to the application. The application shall be exami
ned by a commission appointed by the Minister of Culture, or a Deputy Minister empowered by him, on a ca
se-by-case basis. The Commission shall be appointed for a term of no more than three months, and shall con
sist of 5 members - one representative proposed by the collective management organization and by the repre
sentative user organization, and three experts jointly approved by the organizations.
(5) (Amend. - SG 47/19) Within 14 days from the submission of the application under Para. 4, the 
Minister of Culture, or a Deputy Minister empowered by him, shall send an invitation to the collective mana
gement organization and to the representative user organization to nominate the members of the Commissio
n under Para. 4. Where, within 20 days of receipt of the invitation, the organizations do not meet any of the r
equirements of Para. 4, sentence 4, the Minister of Culture, or a Deputy Minister empowered by him, shall a
ppoint a representative of the organization which has not made a proposal, among the persons who by law h
ave the right to represent it, respectively shall supplement the commission with experts from the list of medi
ators under Art. 94x, Para. 1 . The Minister of Culture shall determine the date for the first meeting of the C
ommission. The members of the Commission shall elect a Chairperson and may adopt work rules. The three 
experts shall be entitled to remuneration, which is to be paid equally by the organizations in the amounts det
ermined by agreement between them.
(6) The meetings of the Commission shall be validly held, if at least 4 members are present. Decisi
ons shall be taken by a majority of no less than 4 votes from the members of the Commission.
(7) (Amend. - SG 47/19) The Commission shall examine the application under Para. 4 and the docu
ments annexed thereto and shall take a decision under the procedure of Para. 6 for the final version of the tar
iff. The Chairperson of the Commission shall immediately send the decision with the tariff to the Minister of 
Culture. The Minister of Culture, or a Deputy Minister empowered by him, shall approve with an order the t
ariff on the basis of the decision within 14 days of its receipt.
(8) (Suppl. - SG 47/19) Where the Commission does not decide to approve a tariff within the term 
under Para. 4, sentence four and by the order of Para. 6, its Chairperson shall immediately notify the Ministe
r of Culture who is to terminate the procedure within 14 days of the notification.
(9) Where there is no representative organization of users for the respective mode of use of the resp
ective category or type of rights, the collective management organization shall submit a written application t
o the Minister of Culture. The documents under Para. 13 shall be attached to the application. Within 14 days 
of receipt of the application, the Minister of Culture, or a Deputy Minister empowered by him, shall publish 
the draft tariff, the economic justification and the methodology thereon on the website of the Ministry of Cu
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.lture. Within 30 days of publication of the tariff plan, interested parties may submit reasoned written propos
als on it. Within 14 days after expiry of the term under sentence four, the Minister of Culture, or a Deputy M
inister empowered by him, shall send the proposals, if any, to the collective management organization which
, within 14 days following receipt, is to submit a reasoned written opinion. Within 30 days of receipt of the o
pinion under sentence five, the Minister of Culture, or a Deputy Minister empowered by him, shall approve t
he tariff with an order, or refuse to approve it.
(10) The remunerations applied under the contracts under Art. 94n 1, Para. 1 concluded with the B
ulgarian National Radio and the Bulgarian National Television for the works and other protected subject-ma
tter they use shall be determined after negotiation with them individually, and shall meet the conditions of P
ara. 1, sentences 1 and 2, and to treat users of the same category equally. For remunerations shall apply resp
ectively Para. 3-8.
(11) Tariffs may be amended and supplemented at the proposal of:
1. any collective management organization;
2. representative organization of users:
a) where the tariff is approved by the order of Para. 9, or
b) a reasoned request for admission of an amendment or supplement to the tariff by the Minister of 
Culture, or a Deputy Minister empowered by him, when three years have elapsed since the entry into force o
f the tariff, or where force majeure or economic intolerance has occurred; in this case, the order for admissio
n of an amendment or supplement to the tariff shall be subject to appeal under the Administrative-Procedu
re Code where the court is to decide within 6 months.
(12) For amendments and supplements to the tariffs shall apply respectively Para. 3 - 8. The amend
ments and supplements to the tariffs shall be approved by the Minister of Culture, or a Deputy Minister emp
owered by him.
(13) In the cases under Para. 3, 4, 9, 10 and 11, to the application shall be attached the following:
1. a draft tariff or a draft amendment or supplement;
2. a decision of the competent body of the collective management organization for acceptance of th
e project under item 1;
3. a contract with the Bulgarian National Television, the Bulgarian National Radio, agreement with 
a representative organization of users under Para. 3, or evidence that the negotiations under Para. 3 have co
mpleted without agreement;
4. a declaration under Para. 9 that there is no representative user organization for the respective mo
de of use of the relevant category or type of rights;
5. a methodology for determining the amount of the remuneration proposed, taking into account the 
economic value of the rights for the particular type of use, as well as the economic value of the services prov
ided by the collective management organization;
6. economic justification of the project under item 1;
7. a document for paid fee.
(14) Where the application is not accompanied by the documents under Para. 13, the Minister of Cu
lture, or a Deputy Minister empowered by him, shall notify the organization for collective administration of 
rights and provide a 14-day time limit for the removal of the irregularities with an instruction that the proced
ure will be terminated upon their non-removal.
(15) The order of the Minister of Culture, or a Deputy Minister empowered by him, to approve the t
ariff or to refuse to approve the tariff, including amending or supplementing the tariff and terminating the pr
ocedure, shall be subject to dispute under the Administrative-Procedure Code .
(16) Until the approval of a tariff or an amendment or supplement thereto, the user shall be obliged 
to pay remuneration for the works and other protected subject-matter used under the last contract concluded 
with the collective management organization or, failing that, under the applicable tariff of the organization.
 
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.Representation of Collective Management Organizations and Independent Management Entit
ies 
Art. 94p 1. (New - SG 28/18, in force from 29.03.2018) (1) The collective management organization 
and the independent management entity may cede to a user only rights, for which they have been expressly a
uthorized to administer collectively by the rightholders, or represent them under a Mutual Representation co
ntract, or under a Representation agreement.
(2) The collective management organization and the independent management entity may cede to a 
user only rights within the frame of categories of rights, types of rights, works and other protected subject-m
atter specified in the issued certificate under Art. 94c, Para. 9 .
(3) Where the law provides for the authorization to use to be granted only through collective manag
ement organizations, any organization registered for the administration of the respective rights shall also act 
on behalf of rightholders who are not its members or are not being represented by it under a Mutual Represe
ntation contract or under a Representation agreement. In such cases, the collective management organization
s must settle its relations with each of the rightholders in the same way as with its members.
(4) Any collective management organization may receive and pay to rightholders, who are not its m
embers or are not being represented by it, remunerations which are attributable to them as a result of the dist
ribution of the remuneration received by the organization for the respective kind of use, unless this is in cont
radiction with a Representation agreement, or to the extent that some of these rightholders have not expressl
y and in writing disagreed. Such disagreement shall take effect from the beginning of the calendar year follo
wing the year, in which it was made.
(5) (Suppl. - SG 47/19) In cases relating to the administration of rights on public performances, wh
ether live or by way of recording, for wireless transmission, for cable transmission or retransmission, or for t
he provision of wireless or cable access to an unlimited number of persons, to works or other protected subje
ct-matter, or parts thereof, in such a way as to allow such access to be carried out at a time and place individ
ually chosen by each of them, or only one of those rights, the conclusion of a contract with the first registere
d organization which manages those rights, and the payment of the remuneration agreed under this contract, 
shall relieve the user of liability both to members of that organization and to all other local and foreign right
holders for the same categories of rights, types of rights, works and other protected subject-matter, except as 
regards to those rightholders who expressly and in writing have expressed disagreement with this in front of 
this organization. Such disagreement shall take effect from the beginning of the calendar year following that 
in which it was made.
 
Representation During Protection of Rights  
Art. 94q. (New - SG 28/18, in force from 29.03.2018) (1) Any collective management organization 
shall have the right to represent its members, other collective management organizations, with which it has c
oncluded Mutual Representation contracts, and their members, before all judicial and administrative authorit
ies in the protection of the rights conferred on them for collective administration.
(2) (amend. - SG 98/19) For the protection of the rights under Para. 1, the collective management or
ganizations may, on their own behalf, undertake legal action, including the bringing of claims under Art. 95, 
95a and 95b, and may request the imposition of measures under Art. 95e, 95f and 96b, whereby also applyi
ng Art. 95c, Para. 2 .
 
Chapter eleven "h".  
TRANSPARENCY AND ACCOUNTABILITY (NEW - SG 28/18, IN FORCE FROM 29.03.2018)  
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.Information Provided to Rightholders  
Art. 94q 1. (New - SG 28/18, in force from 29.03.2018) (1) The collective management organization 
and the independent management entity shall, at least once a year, provide to the holders of rights, to whom 
revenues are accrued from the collective management or to whom payments have been made during the rele
vant period, information on the following:
1. the data provided by the rightholder to be used with the purpose of identifying and determining h
is whereabouts;
2. revenue accrued to the right holder by collective management;
3. the amounts paid to the rightholder by category of rights and by type of use;
4. the period during which the use has happened, for which revenue has been accrued and amounts 
paid to the rightholder, except when the organization or the company, for objective reasons relating to the re
ceipt of information from users, cannot provide this information;
5. deductions for collective management for the respective type of use;
6. deductions made for another purpose, including deductions for social, cultural or educational ser
vices due under other laws;
7. revenue from the collective management that is accrued but not paid to the rightholder.
(2) The information under Para. 1 shall be provided by the collective management organization to it
s collective members representing rightsholders among which it is to allocate revenue from collective manag
ement. Information shall be provided by the organization when it has accrued revenue from collective mana
gement and if the collective members do not have it. The information under Para.1 shall be provided at least 
once a year to the rightholders which they represent and to whom revenue from the collective management h
as been accrued, or to whom payments have been made during the period, to which the information relates.
 
Information Provided to Other Collective Management Organizations  
Art. 94r. (New - SG 28/18, in force from 29.03.2018) The collective management organization shal
l, at least once annually, grant to the collective management organizations with which it has Mutual Represe
ntation contracts concluded, information in electronic form for the relevant period which is to include:
1. the accrued revenue and the amounts paid by the collective management of rights managed under 
the Mutual Representation Agreement, by categories and types of rights, as well as any accrued but unpaid r
evenue from collective management;
2. the deductions under Art. 94m, Para. 2 :
a) for its own support;
b) other deductions;
3. the information about the concluded contracts with users and the refusals to conclude such contra
cts, which concern the collective management under the Mutual Representation contract;
4. the decisions of the General Assembly which concern the collective management under the Mutu
al Representation Agreement.
 
Information Provided on Request to Rightholders, to Other Collective Management Organiza
tions, or to Users  
Art. 94r 1. (New - SG 28/18, in force from 29.03.2018) (1) The collective management organization, 
upon receipt of a justified request from another collective management organization, with which a contract f
or Mutual Representation has been concluded by a rightholder or a user, shall, by electronic means and withi
n a reasonable period of time, provide at least information on the works and other protected subject-matter w
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.hich it represents, on the rights it administers directly or on contracts for mutual representation, and for the t
erritories covered.
(2) Where, due to the scope of the organization's activities, the works or subject-matter cannot be es
tablished, the organization shall be obliged to announce, by the order of Para. 1, the types of works and other 
protected subject-matter which it represents, the rights it administers and the territories covered.
(3) Paragraphs 1 and 2 shall apply accordingly to independent management entities.
 
Information Which Must Be Publicly Disclosed  
Art. 94s. (New - SG 28/18, in force from 29.03.2018) (1) The collective management organization 
shall disclose on its website at least the following information:
1. the content of the Statutes;
2. conditions for termination of the authorization for collective management, if they are not include
d in the Statutes;
3. standard contracts for ceding of collectively managed rights and the applicable tariffs, including t
he discounts provided;
4. a list of the members of the elected management and supervisory bodies and the persons represen
ting;
5. the general policy for the distribution of amounts due to rightholders;
6. the general deduction policy for own support;
7. the general policy for deductions from collective management revenue and from revenue from in
vesting the revenue from collective management, including deductions for social, cultural or educational ser
vices other than self-supporting deductions;
8. a list of the Mutual Representative contracts and representation agreements, as well as the names 
of the organizations or independent entities, with which they have been concluded;
9. the general policy for the use of amounts that can not be distributed;
10. list of members;
11. a list of rightholders who expressly disagree with the organization to represent them or to receiv
e remuneration from it, as well as the categories of rights, types of rights, works and other protected subject-
matter, for which this disagreement is concerned;
12. a list of rightholders, for whom there are remunerations distributed but not taken;
13. the procedure for dealing with complaints and resolving disputes under Art. 94w 1, 94w2 and 94
x1.
(2) The independent management entities shall disclose on their website at least the information un
der Para. 1, items 1 - 3, items 5 - 7, as well as the information under Art. 94c, Para. 3 .
(3) Collective management organizations and independent management entities shall keep the infor
mation up to date under Para. 1 and 2.
 
Annual Report  
Art. 94s 1. (New - SG 28/18, in force from 29.03.2018) (1) The collective management organization 
shall publish annually, but not later than 30 August, an annual report. The report shall be published on the w
ebsite of the organization for a period of not less than 5 years.
(2) The annual report must contain the information according to Appendix 2 .
(3) The report under Para. 1 must necessarily include a separate report on the use of amounts deduc
ted for social, cultural and educational services. The report shall contain the information in accordance with 
Section III of Appendix 2 .
(4) The accounting information contained in the annual report shall be subject to an independent fin
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.ancial audit by one or more registered auditors. The auditor's report must be included in its entirety in the an
nual report. Accounting information shall be the information from the annual financial report under Section 
I, item 1 of Appendix 2 , as well as the financial information under Section I, items 7 and 8 and Section II of 
that Appendix.
 
Chapter eleven "I".  
MULTI-TERRITORIAL AUTHORISATION FOR MUSICAL WORKS FOR ONLINE USE (NEW - 
SG 28/18, IN FORCE FROM 29.03.2018)  
General Provisions  
Art. 94t. (New - SG 28/18, in force from 29.03.2018) (1) Multi-territorial authorization for online u
se of musical works by holders of copywriter through collective management organizations registered in the 
Republic of Bulgaria shall be carried out in accordance with the provisions of this Chapter.
(2) The provisions of this Chapter shall also apply to the authorization for online use of literary wor
ks relating to music, as well as to musical works included in a film or other audiovisual work.
(3) The provisions of this Chapter shall not apply to authorizations for online use of musical works 
in the form of scores.
 
Legal Capacity  
Art. 94t1. (New - SG 28/18, in force from 29.03.2018) (1) Multi-territorial authorization for online 
use of musical works shall be performed only by a collective management organization which can process d
ata electronically in an efficient and transparent manner, and which possesses sufficient information so as to 
be able to identify the repertoire and track its use, to issue invoices to users, to collect revenue from the right
s management and allocate the amounts due to rightholders.
(2) The collective management organization must be able to:
1. establish exactly, in whole or in part, the musical works authorized to represent;
2. establish exactly, in whole or in part, in respect of each relevant territory, the rights and their righ
tholders for each musical work, or part thereof, which it is authorized to represent;
3. use unique codes to identify right-holders and musical works, taking into account, as far as possi
ble, the standards and practices applied at international or European Union level;
4. use appropriate means of identifying and removing, quickly and effectively, inconsistencies in th
e data available to the other collective management organizations which authorize the multi-territorial online 
use of musical works.
 
Transparency of Repertoire Information While Authorising Multi-territorial Online Use of 
Musical Works  
Art. 94t2. (New - SG 28/18, in force from 29.03.2018) (1) A collective management organization, 
which gives authorization for multi-territorial online use of musical works shall send to the Internet service 
providers, to rightholders it represents and to other collective management organizations up-to-date informat
ion allowing the identification of the musical repertoire it represents. Information shall be sent electronically 
upon receipt of a reasoned request, and shall include:
1. the musical works it represents;
2. the rights it represents, in whole or in part;
3. the territories covered.
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.(2) The collective management organization may take appropriate measures to protect the integrity 
and accuracy of the data it provides under Para. 1, as well as to control their re-use, or to protect information 
that may be of commercial importance.
 
Accuracy in the Information About the Multi-Territorial Repertoire  
Art. 94u. (New - SG 28/18, in force from 29.03.2018) (1) The collective management organization 
gives authorization for multi-territorial online use of musical works shall, within a reasonable time, make the 
necessary corrections to the data or in the available information under Art. 94t1, Para. 2  and Art. 94 t 2 whe
n rightholders, other collective management organizations and Internet service providers consider, based on 
a substantiated request with evidence, that the data or information regarding their rights of musical works for 
online use are inaccurate.
(2) The collective management organization shall give rightholders, whose musical works are inclu
ded in its own repertoire, and rightsholders who have entrusted it with the management of their rights of mus
ical works for online use, the opportunity to electronically send information about the works, the rights there
of and the territories in respect of which they have granted management rights. The information shall be pro
vided in accordance with the standards and practices applied in the exchange of data at international or Euro
pean Union level.
(3) Where any collective management organization mandates another organization to authorize mul
ti-territorial use of musical works online in accordance with Art. 94v and 94v1, the authorized organization 
shall apply the provision of Para. 2 in respect of rightsholders, whose musical works are included in the repe
rtoire of the authorizing organization, unless otherwise agreed between the two organizations.
 
Exchange of Reports and Invoices  
Art. 94u 1. (New - SG 28/18, in force from 29.03.2018) (1) Any collective management organizatio
n which has authorized multi-territorial use of musical works online shall monitor that use by the service pro
viders.
(2) The collective management organization shall give online service providers the opportunity to e
lectronically report the actual use of the rights granted to them, and providers shall be required to report accu
rately on the actual use of the works. The organization shall propose using at least one reporting methodolog
y which to comply with international standards or practices used to exchange such data electronically. Wher
e the organization allows reporting using an industry standard for electronic data exchange, it may refuse to 
accept a report from a provider non-compliant with the standard.
(3) Any collective management organization shall issue invoices to Internet service providers electr
onically, whereby proposing the implementation of at least one format compliant with international standard
s or practices. The invoice must allow the identification of the works and the rights granted for them on the b
asis of the data under Art. 94t 1, Para. 2, as well as their actual use, if possible, on the basis of the informati
on provided by the service provider, and also the format used. The provider cannot refuse to accept the invoi
ce because of its format, provided that the collective management organization has used a standard of billing 
adopted in the wider practice.
(4) The collective management organization shall issue an invoice to the provider accurately and wi
thin a reasonable time after receiving the report on the actual use of the right granted on the relevant musical 
work, unless this is impossible due to reasons attributable to the provider.
(5) The collective management organization shall apply appropriate procedures to enable providers 
to challenge the accuracy of the invoice, including when they receive invoices from one or more organizatio
ns for the same rights on the same work.
 
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.Paying the Rightholders  
Art. 94u 2. (New - SG 28/18, in force from 29.03.2018) (1) Any collective management organizatio
n which has authorized multi-territorial use of musical works online shall distribute the received remuneratio
ns to the rightholders accurately and within a reasonable time after receiving information about the use of th
e works, except where this is not possible for reasons due to the service provider.
(2) The collective management organization shall provide rightholders, together with any payment 
under Para. 1, at least with the following information:
1. the period during which the use is done, for which remuneration is due, and the territories where 
said use is made;
2. the amounts collected, the deductions made and the amounts distributed for each type of right us
ed on each musical work, for which the rightholders have authorized the organization to represent them in fu
ll or in part;
3. the amounts collected, the deductions made for the management of rights, and the amounts distri
buted to each service provider.
(3) Where a collective management organization has authorized another collective management org
anization to authorize multi-territorial online use of musical works by the order of Art. 94v and 94v1, the aut
horized organization shall distribute precisely and within a reasonable time the amounts under Para. 1, and s
hall send the information under Para. 2 to the authorizung organization responsible for the subsequent distrib
ution of these amounts and the provision of information to rightholders, unless otherwise agreed between the 
two organizations.
 
Agreements Between Collective Management Organizations  
Art. 94v. (New - SG 28/18, in force from 29.03.2018) (1) The representation agreement between co
llective management organizations, by which an organization mandates another organization to authorize m
ulti-territorial online use of musical works from its repertoire, shall only be on a non-exclusive basis. The m
andated organization shall manage the acquired rights without allowing any discrimination.
(2) The mandating collective management organization shall inform its members about the terms of 
the agreement under Para. 1, including its duration and the costs of services rendered by the mandated organ
ization.
(3) The mandated collective management organization shall inform the mandating organization of t
he conditions under which it grants licences for the online use of the repertoire of the mandating organizatio
n, including of the types of rights and works, the amount of remuneration, the duration of the authorization, t
he payment terms and the covered territories.
 
Obligation to Represent Another Collective Management Organisation  
Art. 94v 1. (New - SG 28/18, in force from 29.03.2018) (1) In the event where a collective managem
ent organisation which does not grant or offer to grant multi-territorial licences for the online rights in music
al works in its own repertoire requests another collective management organisation to enter into a representa
tion agreement to represent that repertoire, the requested collective management organisation shall be requir
ed to agree to such a request, if it is already granting or offering to grant for the same category of rights mult
i-territorial licences for the online rights in musical works from the repertoire of one or more other collective 
management organisations.
(2) The requested collective management organisation under Para. 1 shall respond to the request in 
writing and without undue delay.
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.(3) The mandated organization shall manage the repertoire of the mandating one on the same condit
ions as those which it applies to the management of its own repertoire.
(4) The mandated organization shall include the repertoire of the mandating organization in all offe
rs to grant licences it addresses to online service providers.
(5) The mandated organization cannot make deductions for its own maintenance, bigger than the on
es which are usual for the execution of the authorization.
(6) The mandating organization shall make available to the mandated organization all the informati
on about its own musical repertoire required for the provision of multi-territorial licences for online use of m
usical works. In the event that this information proves to be insufficient or in a form that does not allow the 
mandated organization to act in accordance with the requirements of this Chapter, it shall be able to do the n
ecessary to meet these requirements at the expense of reasonably justifiable costs, or to exclude from the sco
pe of the agreement those works for which the information is insufficient or cannot be used.
 
Exception for Radio and Television Organizations  
Art. 94w. (New - SG 28/18, in force from 29.03.2018) This Chapter shall not apply to collective ma
nagement organizations where they grant multi-territorial licences for the online use of musical works of rad
io- or television organizations, whose programs are used online simultaneously or after initial broadcasting, i
ncluding in material such as preliminary reviews and self-promotional messages which are ancillary to the o
riginal radio- or television programs.
 
Chapter eleven "j".  
DISPUTE RESOLUTION (NEW - SG 28/18, IN FORCE FROM 29.03.2018)  
Filing Complaints and Written Alerts  
Art. 94w 1. (New - SG 28/18, in force from 29.03.2018) (1) The collective management organizatio
n shall ensure its members and the other organizations, with which mutual relations have been concluded, th
e application of procedures for filing complaints and written alerts, and for resolving disputes relating to the 
authorization of collective management of rights, its withdrawal or termination, the conditions for membersh
ip, the collection of remunerations payable to rightholders, their deductions and their distribution.
(2) The collective management organization shall respond in writing to every complaint under Para. 
1 within one month of its receipt. The answer may also be provided electronically. The refusal to accept the 
complaint shall include the reasons thereof.
 
Mediation  
Art. 94w 2. (New - SG 28/18, in force from 29.03.2018) (1) Through mediation, disputes may be res
olved under Chapter eleven "i" related to a collective management organization established on the territory o
f the Republic of Bulgaria which authorizes or proposes to authorize multi-territorial online use of musical 
works for the application of:
1. Articles 94n1, 94t2, 94u and 94u1 with an actual or potential service provider;
2. Articles 94t2 – 94v1 with one or more rightholders;
3. Articles 94t2 - 94v1 with another collective management organization.
(2) Through mediation, other disputes may be resolved for the application of the Act, other than tho
se under Para. 1, between collective management organizations and:
1. its members;
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.2. rightholders;
3. representative user organizations;
4. users.
 
Mediation Procedure  
Art. 94x. (New - SG 28/18, in force from 29.03.2018) (1) (Amend. and suppl. - SG 47/19) Under A
rt. 94w2, mediator can only be a person who meets the requirements of the Mediation Act , has been entered 
in the unified register of mediators with the Minister of Justice, possesses special knowledge in the field of c
opyright and related rights, and has been entered in the special list of mediators with the Minister of Culture. 
Before the entry, the Minister of Culture or a Deputy Minister empowered by him shall request an opinion fr
om the registered collective management organizations and from the users’ representative organizations. Th
e opinion shall be delivered within 14 days of receipt of the request. The absence of an opinion shall not stop 
the entry procedure.
(2) The mediation procedure shall be conducted under the order of the Mediation Act .
(3) In the case of a dispute between a collective management organization and a user, or a represent
ative user organization, the initiation of a mediation procedure shall not invalidate the obligation of the user 
to pay remuneration on ceded rights for the respective method of use according to the last agreed remunerati
on or, if not available, according to the tariff of the organization.
 
Disputes Resolution  
Art. 94x 1. (New - SG 28/18, in force from 29.03.2018) Filing a complaint under Art. 94w 1 or the c
ommencement of a mediation procedure under Art. 94w 2, or procedure under Art. 94p, shall not prevent an
y party from bringing the dispute to the court, or submitting a request to the Commission for the Protection o
f Competition.
 
Chapter eleven "k".  
CONTROL OVER THE COLLECTIVE RIGHTS MANAGEMENT (NEW - SG 28/18, IN FORCE F
ROM 29.03.2018)  
Control 
Art. 94x 2. (New - SG 28/18, in force from 29.03.2018) (1) The Minister of Culture, or a Deputy Mi
nister authorized by him, shall exercise preliminary, ongoing and follow-up control over the legality of the 
manner, in which collective rights management is being performed.
(2) The control under Para. 1 shall be carried out by means of inspections under Art. 94y.
 
Actions to Carry Out the Control  
Art. 94y. (New - SG 28/18, in force from 29.03.2018) (1) The Minister of Culture, or a Deputy Min
ister empowered by him, may request from any collective management organization, or independent rights 
management entity, information related to the collective rights management activity, as well as the necessar
y documents related to the implementation of the control. The Minister of Culture, or a Deputy Minister emp
owered by him, shall set a deadline for the provision of the information.
(2) (Suppl. - SG 47/19) Where there is evidence of a violation of this Division by a collective mana
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.gement organization or an independent management entity, or the information or documents under Para. 1 ar
e not provided, the Minister of Culture, or a Deputy Minister empowered by him, shall assign an inspection.
(3) The inspection under Para. 2 shall be carried out by officials designated by the Minister of Cultu
re, or a Deputy Minister empowered by him.
(4) The officials under Para. 3 shall have the right to require:
1. within terms set by them, to receive references, certified copies of documents and other informati
on, including in electronic form;
2. the necessary data, information, explanations and other information related to the collective right
s management activities.
(5) The officials under Para. 3 shall be obliged to:
1. accurately reflect the facts of the inspection which has been carried out;
2. keep the official and commercial secrets which have become known to them in connection with t
he inspection carried out;
3. not disclose any data from the inspection;
4. (amend. - SG 17/19) process the personal data in accordance with the requirements for its protect
ion.
(6) The management bodies of the audited organization or entity shall be obliged to assist the offici
als under Para. 3. in carrying out the inspection, to provide the requested documents and evidence, and to pr
ovide appropriate premises and technical means for conducting the inspection, including the use of telecom
munication means. Managing authorities shall not rely on commercial or other secrecy protected by law in c
arrying out the inspection. When providing information to officials, the governing bodies shall identify the 
materials they believe contain a trade secret or other secret protected by law, and which are to be considered 
by the inspectors as confidential. In this case, the material shall be provided, whereby the data considered to 
be confidential are to be deleted.
(7) The draft inspection report shall be handed to the collective management organization or the ind
ependent management entity. The organization or entity may submit a written statement and additional evide
nce on the report within 14 days of its service.
(8) The Minister of Culture, or a Deputy Minister empowered by him, on the basis of the draft repo
rt, the statements and the additional evidence under Para. 7, shall approve a final report. The final report shal
l be sent to the collective management organization or the independent management entity and is to be publi
shed on the website of the Ministry of Culture.
(9) In the event of a violation of this Division by a collective management organization or independ
ent management entity, the Minister of Culture, or a Deputy Minister authorized by him, shall issue a manda
tory prescription and shall set a suitable term for its execution. The prescription shall be given to the person 
and shall be published on the website of the Ministry of Culture within three days of its issuance.
(10) The mandatory prescription under Para. 9 may be challenged by the order of the Administrati
ve-Procedure Code .
 
Exchange of Information  
Art. 94y 1. (New - SG 28/18, in force from 29.03.2018) (1) The Ministry of Culture shall respond w
ithin a reasonable time to any reasoned request received by the relevant body of another Member State of th
e European Union, designated to exercise control over the activity of collective rights management, on the a
ctivities of the registered collective management organizations.
(2) Where the Ministry of Culture considers that a collective management organization, established 
in another Member State of the European Union but operating on the territory of the Republic of Bulgaria, h
as not complied with the provisions of its national law on collective rights management, it may send the nec
essary information to the competent authority of that country, accompanied, if necessary, by a request to that 
authority to take appropriate measures within the limits of its powers.
Източник: Правно-информационни системи "Сиела" 12.07.2022 г. 
Division three.  
ENFORCEMENT OF COPYRIGHT AND RELATED RIGHTS  
Chapter twelve.  
CIVIL LAW ENFORCEMENT  
Claim for Indemnification  
Art. 95. (amend. - SG 99/05, in force from 10.01.2006, previous Art. 94 - SG 28/18, in force from 2
9.03.2018) (1) Whoever infringes copyright, related right or other right under this Act, shall owe indemnific
ation to the owner of the right or the person who has been granted exclusive right of use.
(2) Indemnification shall be due for all damages which are direct and immediate consequence of the 
infringement.
(3) At determining the amount of the indemnification the court shall take into consideration also all 
circumstances related to the infringement, the lost profits and moral damages as well as the revenues realize
d by the infringer due to the infringement.
(4) The court shall determine fair indemnification having preventive and warning influence to the i
nfringer and the other members of the society.
 
Special Cases of Claim for Indemnification  
Art. 95a. (new – SG 99/05, in force from 10.01.2006, previous Art. 94a - SG 28/18, in force from 2
9.03.2018) (1) Where the claim has been determined by ground but there is no sufficient data about its amou
nt the claimant may require for indemnification:
1. (amend. - SG 28/18, in force from 29.03.2018) from five hundred to hundred thousand BGN, wh
ere the exact amount shall be determined by assessment of the court under the conditions of Art. 95, para 3 
and 4, or
2. the equivalent of the subject matter of the infringement at retail price of lawfully reproduced copi
es.
(2) At determining the indemnification referred to in para 1, the revenues received as a result of the 
infringement shall also be taken into consideration.
 
Other Claims  
Art. 95b. (Previous Art. 95 - SG 28/18, in force from 29.03.2018) (1) (amend. - SG 28/00, in force f
rom 05.05.2000; amend. - SG 77/02, in force from 01.01.2003; prev. text of Art. 95 – SG 99/05, in force fro
m 10.01.2006) Where a work, subject matter under Art. 72 or databases under Chapter eleven "a"  are used 
in infringement of the provisions of this Act, the owner of the copyright or the person to whom the he has gr
anted exclusive right to use, may bring an action before the court for:
1. (new – SG 99/05, in force from 10.01.2006) finding the fact of the infringement;
2. (amend. - SG 77/02, prev. text of item 01 – SG 99/05, in force from 10.01.2006) discontinuance 
of the illegitimate use or prohibition of implementation of the activity, which will constitute illegitimate use;
3. (suppl. - SG 77/02, in force from 01.01.2003; prev. text of item 02 – SG 99/05, in force from 10.
01.2006) seizing and destroying illegitimately produced copies of the work, the subject matter under Art. 72 
or the databases under Chapter Eleven "a" , including negatives, master copies, printing forms and others u
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.sed for the purposes of reproduction of copies;
4. (suppl. - SG 28/00, in force from 05.05.2000; prev. text of item 03 – SG 99/05, in force from 10.
01.2006) seizing and pulling out of operation the copying, reproducing and decryption equipment used exclu
sively for committing violations;
5. (amend. - SG 28/00, in force from 05.05.2000; prev. text of item 04, amend. - SG 99/05, in force 
from 10.01.2006) conceding the subject-matter under item 3.
6. (new – SG 99/05, in force from 10.01.2006) announcing to the account of the infringer of the ope
rative part of the court decision in two daily newspapers and in television organization with national coverag
e at time determined by the court.
(2) (new – SG 99/05, in force from 10.01.2006) Seizure in the sense of para 1, items 3 and 4 may b
e requested both of objects being at a certain place and of subjects being in the commercial network as a wh
ole.
 
Special Claimants  
Art. 95c. (new – SG 99/05, in force from 10.01.2006, previous Art. 95a - SG 28/18, in force from 2
9.03.2018) (1) (Amend. - SG 28/18, in force from 29.03.2018) Besides the owners of the respective right an
d the persons granted exclusive right of use, right of claim under Art. 95, 95a and 95b shall also have the or
ganizations for collective administration of rights and the professional protection organizations of the owner
s of rights.
(2) (amend. – SG 59/07, in force from 01.03.2008; amend. – SG 21/14, amend. - SG 94/18, amend. 
- SG 47/19) The organizations referred to in para 1 may lay claims and request imposition of measures only 
in respect of rights which have been assigned for administration, respectively – for protection. The organizat
ions for collective rights management, when laying claims or requesting imposition of measures, must not es
tablish individual management rights, protection rights respectively, of their members, disclosed in the list u
nder Art. 94s, Para. 1, item 10 , and of the foreign related collective rights management organizations, enter
ed in the register under Art. 94d, Para. 3, item 7 . In these cases, the provision of Art. 26, para 4 of the Civ
il Procedure Code  shall not be applied.
 
Liability 
Art. 95d. (new – SG 99/05, in force from 10.01.2006, previous Art. 95b - SG 28/18, in force from 
29.03.2018) The legal persons and the sole entrepreneurs shall bear civil responsibility for the infringement 
of rights under this Act guiltily perpetrated by the persons representing them, respectively by their employee
s or persons hired by them. In this case the guilt shall be assumed until proven otherwise.
 
Providing Evidence in Claim and Securing Procedures  
Art. 95e. (new – SG 99/05, in force from 10.01.2006, previous Art. 95c - SG 28/18, in force from 2
9.03.2018) (1) Where the claimant has presented evidence supporting his claims and has also pointed out oth
er evidence of significance for the solution of the case which is under the control of the defendant the court c
an oblige the defendant to present this evidence.
(2) Under the conditions of para 1, upon request of the claimant the court can oblige the defendant t
o provide opportunity for acquainting with bank, financial and commercial documents which are under his c
ontrol.
(3) The claimant shall be obliged not to announce the information contained in the documents of pa
ra 2.
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.(4) The presentation of evidence for single or one time unlawful use of protected subject matter und
er this Act shall be accepted to be sufficient ground for applying the provisions of para 1 and 2.
(5) The existence of the circumstances connected with claimed infringement may also be establishe
d by the presentation of evidence for single or one time unlawful use of subject matter protected under this 
Act.
 
Requesting Information about the Origin and the Distribution Networks upon Infringement  
Art. 95f. (new – SG 99/05, in force from 10.01.2006, previous Art. 95d - SG 28/18, in force from 2
9.03.2018) (1) The court may upon request by the claimant to oblige the defendant or third person to present 
information about circumstances which are of importance for resolving the case.
(2) Third person in the sense of para 1 shall be each person who:
1. keeps goods – subject of infringement, or
2. provides services leading to infringement, or
3. uses services representing infringement, or
4. has been pointed out by person under items 1 – 3 as participant in the manufacturing, production 
or distribution of these goods or services.
(3) The information referred to in para 2 may include:
1. the names and the addresses of the producers, manufacturers, distributors, suppliers and other per
sons who have been previously holders of the goods or the services as well as the supposed wholesale and re
tail distributors;
2. information about the produced, manufactured, supplied, received or ordered quantities as well a
s the resources received for the goods or services in question.
(4) Para 1 shall not be applied when its implementation may lead to infringement of a provision of 
another law.
(5) The provisions of para 1 – 3 shall be applied only for acts carried out for direct or indirect econo
mic or commercial benefit.
 
Competent Courts  
Art. 96. Disputes under this Act shall be settled by the district courts.
 
Security or Provisional Measures (Title suppl. – SG 25/11, in force from 25.03.2011)  
Art. 96a. (new - SG 28/00, in force from 05.05.2000 г.) (1) (amend. SG 77/02, in force from 01.01.
2003; amend. - SG 99/05, in force from 10.01.2006; suppl. – SG 25/11, in force from 25.03.2011) In case of 
infringement of a copyright, related right or right under Art. 93c, or where enough data is available to consi
der that such infringement will be committed or some evidence will be lost, destroyed or concealed, the cour
t upon request by the owner of the respective right or the person who has been granted exclusive right of use 
may, without informing the person with regard to whom security or provisional measure is requested, admit 
also some of the following measures:
1. (amend. - SG 77/02, in force from 01.01.2003) prohibition of carrying out the activity which is cl
aimed to constitute or will constitute illegal use of a work, subject matter under Art. 72 or database under C
hapter eleven "a" ;
2. (amend. - SG 77/02, in force from 01.01.2003; amend. - SG 99/05, in force from 10.01.2006) sei
zure of the copies of the work, the subject matter under Art. 72 or the databases under Chapter eleven "a"  
which are claimed to be illegally reproduced, the negatives, the matrices, the cliches and the like, intended f
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.or reproduction of the copies, as well as other evidence of importance for proving the infringement;
3. seizure or sealing of the equipment which is claimed to have been used or will be used for infring
ement;
4. sealing of the premises in which infringement is claimed to have been committed or will be com
mitted.
(2) (amend. - SG 99/05, in force from 10.01.2006; amend. – SG 59/07, in force from 01.03.2008; s
uppl. – SG 25/11, in force from 25.03.2011) The admission, imposing and revocation of the security or prov
isional measures shall be carried out according to the order referred to in Art. 389-403 of the Civil Procedu
re Code, with exception of Art. 398, first sentence  and as much as this Act does not stipulate otherwise.
(3) (suppl. - SG 25/11, in force from 25.03.2011) The security or provisional measure prohibition o
f carrying out the activity shall be imposed by its announcement by the court.
(4) (amend. - SG 43/05, in force from 01.09.2005; amend. - SG 99/05, in force from 10.01.2006; su
ppl. – SG 25/11, in force from 25.03.2011) The security or provisional measures under para 1, item 2, 3 and 
4 shall be imposed by state or private bailiff who shall carry out the act simultaneously with the handing ove
r of the announcement for admitting the security to the defendant in three days term after receiving the appli
cation of the claimant to the bailiff. The security measures admitted for prevention of forthcoming infringem
ent shall be imposed in term complied with its purpose. The seized property shall be submitted by an invento
ry for keeping to the claimant who can use it solely as evidence.
(5) (suppl. - SG 25/11, in force from 25.03.2011) The claimant or his representative shall have the r
ight to attend and assist the imposition of the security or provisional measures.
(6) (revoked - SG 43/05, in force from 01.09.2005)
(7) (suppl. - SG 25/11, in force from 25.03.2011) If it is found that an imposed security or provision
al measure has been requested without justification the defending party may require from the person who ha
s requested it to pay the damages caused as a result of the security.
(8) (new – SG 99/05, in force from 10.01.2006; suppl. – SG 25/11, in force from 25.03.2011) The s
ecurity or provisional measure referred to in para 1, item 1 may be imposed also to third persons for whom s
ufficient data is available that they facilitate the implementation of the activity for which is claimed to repres
ent or will represent unlawful use.
(9) (new – SG 99/05, in force from 10.01.2006) The owner of the respective right or the person to 
whom he has granted exclusive right of use shall be obliged not to announce information that has become kn
own to him at or on occasion of the measures referred to in para 1.
 
Chapter twelve "a".  
PROTECTION MEASURES BY THE CUSTOMS AUTHORITIES (new - SG 28/00, in force from 05
.05.2000, TITLE AMENDED - SG 98/19)  
Grounds and Field of Application  
Art. 96b. (new - SG 64/06, in force from 09.11.2006, amend. - SG 98/19) (1) The customs authoriti
es shall apply measures to goods under customs supervision or customs control for allegedly infringing a rig
ht protected by this Act, under the terms and procedures of Regulation (EU) No 608/2013 of the European P
arliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights 
and repealing Council Regulation (EC) No 1383/2003 ( ОВ, L 181/15 of 29 June 2013).
(2) Paragraph 1 shall also apply to goods, whether or not they are the subject of a customs regime, 
which were found as a result of the check carried out by the customs authorities in the exercise of their powe
rs within the territory of the Republic of Bulgaria.
(3) When implementing the measures, the customs authorities shall collect fees to cover the costs of 
storage of the goods to the extent determined by the Council of Ministers in accordance with Art. 12 of the 
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.Customs Act.
 
Procedure of Suspension  
Art. 96c. (new – SG 28/00, in force from 05.05.2000, revoked - SG 98/19)
 
Actions on the Initiative of the Customs Bodies  
Art. 96d. (new – SG 28/00, in force from 05.05.2000, revoked - SG 98/19)
 
Additional Stipulation  
Art. 96e. (new – SG 28/00, in force from 05.05.2000, revoked - SG 98/19)
 
Chapter twelve "b".  
Administrative Injunction Measures  
Administrative Injunction Measures  
Art. 96f. (new - SG 25/11, in force from 25.03.2011) (1) For prevention or interception of infringe
ments under this Act, as well as for prevention or remedy of damages resulting thereof, the Minister of Cultu
re or a deputy minister determined by him shall be entitled to:
1. order in writing the infringer to desist from the infringement of this Act;
2. order in writing the infringer to undertake specific measures for remedying the infringement with
in a suitable time limit;
3. request from the infringer to declare he will desist from the infringement of this Act, if necessary
, request that he makes the declaration available to the public;
4. order termination of every infringement of this Act, if necessary, to make the order for terminatio
n of the infringement available to the public.
(2) The administrative injunctions referred to in Para 1shall be imposed in a written order of the Mi
nister of Culture or a deputy minister authorised by him. The order shall specify the type of the administrativ
e injunction measure, as well as a suitable time limit to present evidence for its performance.
(3) The order referred to in Para 2 shall be delivered by registered mail with acknowledgement of re
ceipt or through the municipal administration at the permanent address of the person, and to sole entrepreneu
rs and legal persons – at the seat and address of management, according to the judicial, respectively trade re
gistration.
(4) The order for imposing an administrative injunction shall be subject to appeal as set out in the A
dministrative Procedure Code .
 
Chapter thirteen.  
PENAL ADMINISTRATIVE PROVISIONS  
Penalties  
Art. 97. (1) (amend. - SG 10/98) Whoever commits the following in offence of this Act:
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.1. (amend. - SG 28/00, in force from 05.05.2000; amend. and suppl. - SG 99/05, in force from 10.0
1.2006) reproduces and distributes video carriers holding reproduced films or other audio-visual works, perf
ormances, records of films or other audio-visual works;
2. (amend. - SG 28/00, in force from 05.05.2000; amend. and suppl. - SG 99/05, in force from 10.0
1.2006) reproduces and distributes audio carriers holding reproduced works, performances or phonograms;
3. organises in any manner whatsoever communication to the public of films or other audio-visual 
works;
4. (amend. - SG 28/00, in force from 05.05.2000) offers sound or video recording services to third p
arties with the purpose to prepare single copies of works or other protected subject-matter by this Act;
4a. (new - SG 28/18, in force from 29.03.2018) organizes live public performance of works;
5. (amend. – SG 25/11, in force from 25.03.2011, amend. - SG 28/18, in force from 29.03.2018) us
es through recorded public performance of works, recorded performances, recordings, recorded films or othe
r audio-visual works, radioprograms or television programs;
5a. (new – SG 25/11, in force from 25.03.2011) organise public presentation of a work;
6. (amend. - SG 99/05, in force from 10.01.2006) wireless broadcasting, transmission or retransmis
sion by cable of works, performances, phonograms, records of films or other audio-visual works or radio or t
elevision programmes;
7. (amend. - SG 28/00, in force from 05.05.2000; amend. - SG 99/05, in force from 10.01.2006) pu
blishes, reproduces or distributes already published works;
8. (amend. - SG 28/00, in force from 05.05.2000) owns a computer programme knowing or having 
grounds to suppose that this is illegal;
9. (new - SG 28/00, in force from 05.05.2000; amend. - SG 99/05, in force from 10.01.2006) reprod
uces, preserves in the memory of computer, distributes or uses in another way computer programmes;
10. (new – SG 28/00, in force from 05.05.2000) reproduces or distributes works of the applied art, 
design and the national artistic crafts, photographic works and works created by a process analogous to phot
ography;
11. (new - SG 28/00, in force from 05.05.2000; amend. - SG 77/02, in force from 01.01.2003) illeg
ally uses a work under Art. 3, para 1, items 6 and 8 ;
12. (new – SG 99/05, in force from 10.01.2006) saves in digital form on electronic carrier films or 
other audio–visual works, musical compositions, performances, phonograms, records of films or other audio 
– visual works;
13. (new – SG 99/05, in force from 10.01.2006) provides access to the work, the object under Art. 
72 or part of it by wireless means or by cable to unlimited number of people in such a way that it may be acc
essed from a place and at a time individually chosen by each of them;
14. (new - SG 28/00, in force from 05.05.2000; prev. text of item 12 – SG 99/05, in force from 10.0
1.2006; revoked – SG 25/11, in force from 25.03.2011)
15. (new – SG 77/02, in force from 01.01.2003; prev. text of item 13, amend. - SG 99/05, in force f
rom 10.01.2006; revoked – SG 25/11, in force from 25.03.2011)
16. (new – SG 77/02, in force from 01.01.2003; prev. text of item 14 - SG 99/05, in force from 10.0
1.2006; revoked – SG 25/11, in force from 25.03.2011)
(amend. - SG 99/05, in force from 10.01.2006; amend. – SG 25/11, in force from 25.03.2011, amen
d. and suppl. - SG 28/18, in force from 29.03.2018) shall be punished with fine or proprietary sanction in am
ount from two thousand to twenty thousand BGN, if he/she is not subject to graver penalty. The subject matt
er of the violation, regardless of the ownership, may be seized in favour of the state. Seized property shall be 
submitted for destruction by the bodies of the Ministry of Interior.
(2) (amend. - SG 10/98; suppl. - SG 28/00, in force from 05.05.2000; suppl. - SG 77/02, in force fro
m 01.01.2003; amend. – SG 25/11, in force from 25.03.2011) Repeated and subsequent offence under para 1 
committed within one year from the imposition of the previous penalty, shall be punished by a fine or propri
etary sanction from three thousand to thirty thousand BGN and the subject matter of the violation regardless 
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.of the ownership shall be seized in favour of the state and shall be submitted for destruction by the bodies of 
the Ministry of Interior.
(3) In event of systematic offences the facility where these offences have been committed, such as a 
store, studio, establishment, cinema, theatre, company's head office, etc. shall be closed for a period from thr
ee to six months.
(4) (amend. - 10/98; amend. - SG 99/05, in force from 10.01.2006; amend. – SG 25/11, in force fro
m 25.03.2011; suppl. – SG 21/14, amend. - SG 28/18, in force from 29.03.2018) Organisation for collective 
administration of rights or independent management entity which exercises activity in violation of Art. 94p 1
, Para. 1 or 2 , a pecuniary sanction shall be imposed from five thousand to twenty thousand BGN.
(5) (new - SG 28/00, in force from 05.05.2000) The sanctions under para 1 or 2 shall be imposed to 
a person who produces, distributes, advertises or imports, as well as possesses with a commercial purpose a 
decoding device able to provide access to encrypted signal to persons outside the audience determined by th
e broadcasting organisation.
(6) (new - SG 28/00, in force from 05.05.2000; amend. and suppl. - SG 77/02, in force from 01.01.
2003; suppl. - SG 99/05, in force from 10.01.2006) The sanctions under para 1 or 2 shall be imposed to a per
son who intentionally removes, damages, destroys or disrupts or in other way evades, without having right t
o do that, technological means for protection used by owners of rights protected by this Act, provided that h
e knows or there are grounds to suppose that these means have such functions.
(7) (new – SG 77/02, in force from 01.01.2003; amend. - SG 99/05, in force from 10.01.2006) The 
sanctions under para 1 or 2 shall also be imposed to a person, who produces, imports, distributes, sells, rents, 
offers for sale, advertises with purpose of sale or rent or possess with commercial purpose devices, products 
or components of products, or provides services, which:
1. are offered or advertised as means for evading of technological measures for protection, or
2. have only limited commercial purpose or application different from this to be evaded technologic
al measures for protection, or
3. are basically intended, produced, adapted or used to make possible or to facilitate the evasion of t
echnological measures for protection.
(8) (new - SG 28/00, in force from 05.05.2000; prev. text of para 07 – SG 77/02, in force from 01.0
1.2003) The sanctions under para 1 or 2 shall also be imposed to a person who, without having the right to d
o that and knowing or having grounds to know that this act will cause, allow, facilitate or conceal infringem
ent of a right protected by this Act:
1. removes or changes information in electronic form about the regime of the rights on a subject ma
tter of copyright or related right;
2. (amend. - SG 99/05, in force from 10.01.2006) distributes, including by importation for distributi
on, publicly performs, broadcasts by wireless means, transmits or retransmits by cable a subject matter of co
pyright or related right, as well as offers access to unlimited number of persons to such subject matter in a w
ay allowing this access from a place and in time individually chosen by each of them, knowing that the infor
mation in electronic form about the regime of the rights on this subject matter has been removed or changed 
without the right to do that.
(9) (new - SG 28/00, in force from 05.05.2000; prev. text of para 08 – SG 77/02, in force from 01.0
1.2003; amend. - SG 99/05, in force from 10.01.2006) Information about the regime of the rights in the cont
ext of para 8 is any information allowing the identification of the subject matter of copyright or related right, 
the owner of the right, as well as information about the conditions of use of the subject matter, as well as any 
number and code representing such information on condition that any of these elements of the information is 
present on the copies of the subject matter or appears in connection with its communication to the public.
(10) (new – SG 25/11, in force from 25.03.2011, amend. - SG 28/18, in force from 29.03.2018) The 
sanction referred to in Para 1 or 2 shall be imposed also to any person, who fails, within the set deadline, to s
ubmit evidence of the performance of the imposed administrative injunction measure under Art. 96f.
(11) (new – SG 25/11, in force from 25.03.2011) The sanction referred to in Para 1 or 2 shall be im
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.posed also to any person, who impedes the performance of an imposed administrative injunction measure un
der Art. 96f.
(12) (new – SG 25/11, in force from 25.03.2011, amend. - SG 28/18, in force from 29.03.2018) The 
sanction referred to in Para 1 or 2 shall be imposed also to any person, who fails to perform their duties unde
r Art. 20a, Para 6 , Art. 26, Art. 58, Para 6 , Art. 95e, Para 3  or Art. 96a, Para 9 .
(13) (new – SG 25/11, in force from 25.03.2011) The sanction referred to in Para 1 or 2 shall be im
posed also to any person, who violates a prohibition under Art. 93c.
(14) (New - SG 28/18, in force from 29.03.2018) Any collective management organization or indep
endent management entity which fails to comply with mandatory prescription under Art. 94y, Para. 9  shall 
be imposed a proprietary sanction in the amount from BGN 5 000 to 25 000. For repeated and any subseque
nt offense within one year from the imposition of the previous penalty, the proprietary sanction under senten
ce one shall be imposed in double amount.
(15) (New - SG 28/18, in force from 29.03.2018) Any person who exercises activities to do with co
llective management of rights without registration, or whose registration has been deleted, shall be subject to 
a fine or proprietary sanction from two thousand to twenty thousand BGN.
(16) (New - SG 28/18, in force from 29.03.2018) Any person who does not fulfill an obligation und
er Art. 94y, Para. 6  or Art. 98b, a fine or proprietary sanction from five hundred to five thousand BGN shal
l be imposed.
(17) (New - SG 94/18) A legal person under Art. 26b, Para. 3, item 2 which fails to fulfill an obliga
tion under Art. 26c, Para. 2 - 4 shall be imposed a pecuniary sanction of five hundred to ten thousand BGN.
 
Detection of the Offences and Competences of the Officials (title amend. - SG 99/05, in force f
rom 10.01.2006)  
Art. 98. (amend. - SG 99/05, in force from 10.01.2006) (1) (Amend. - SG 47/19) The offences unde
r Art. 97 shall be detected by an act which shall be prepared by officials determined by an order of the Mini
ster of culture.
(2) (Amend. - SG 47/19) The officials referred to in para 1 shall have right to:
1. carry out on-the-spot and document-based inspections;
2. request access to the sites subject to control;
3. request the documents necessary for the inspections held;
4. seize durable material carriers containing subject matter protected by the law connected with the 
violation;
5. use automated means of control in establishing violations under Art. 97;
6. use a specialist - technical assistant;
7. issue obligatory orders for remedying deficiencies and violations of the law;
8. require assistance from the authorities of the Ministry of Interior, municipalities and mayoralties 
during or in connection with the inspections under item 1.
(3) The officials referred to in para 1 shall be obliged to:
1. reflect precisely the facts detected at the inspection in the act for offence;
2. preserve the official and the commercial secret that has become known to them in connection wit
h the inspections;
3. not publicly announce data from the inspections;
4. use the information from the inspections only for the purposes of the procedure regarding the off
ence.
(4) (New - SG 47/19) The use of automated means of control under Para. 2, item 5 shall be determi
ned by an order of the Minister of Culture or a Deputy-Minister authorized by him.
 
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.Record on Seizure  
Art. 98a. (new – SG 99/05, in force from 10.01.2006) (1) Durable material carriers containing subje
ct matter protected by the law connected with the offence shall be seized by the officials referred to in Art. 9
8, para 1 with a record.
(2) (Suppl. - SG 47/19) In the record under para 1 shall be pointed out: the date and the place of the 
actions; time when the actions have started and finished; persons who have participated; detected facts and c
ircumstances; any requests made, notes and objections if available; collected evidence, including the durable 
material carriers to be seized – number, types of carriers, as well as other data.
(3) (Amend. - SG 47/19) The record shall be signed by the official person under Art. 98, Para. 1, by 
the inspected person and by at least one witness.
(4) In case the inspected person refuses to sign the record or is absent, it shall be signed by at least 
one more witness.
 
Obligation for Cooperation  
Art. 98b. (new – SG 99/05, in force from 10.01.2006, amend. - SG 47/19) The inspeted person shall 
be obliged to:
1. ensure unimpeded access to the checked subjects;
2. render cooperation to the officials under Art. 98, para 1 :
3. provide the documents requested by the officials under Art. 98, Para. 1, as well as any durable m
aterial carriers containing objects protected by law, and other evidence.
 
Service of an act of establishing an administrative violation to sole traders and legal entities  
Art. 98b 1. (New - SG 47/19) (1) Where the offender is a sole trader or legal entity, the act establishi
ng the administrative violation shall be served against the signature of the trader, the legal representative of t
he legal entity, or a person authorized by him.
(2) When drawn up in the absence of the offender, the act shall be sent:
1. in paper form by registered letter with acknowledgment of receipt at the address of management 
or correspondence entered in the relevant register kept by the Registry Agency, or
2. as an electronic image of the hard copy by means of an electronic message signed with a qualifie
d electronic signature as per the Electronic Document And Electronic Trust Services Act , at an electronic 
address specified in a regulated register, in which the addressee is listed, or at an address in an information s
ystem for secure service; the sending of the electronic message shall be certified by electronic time stamp un
der Chapter III, Section 6 of Regulation (EU) № 910/2014 or reproduction of the electronic image of th
e message in paper form, the identity of which is to be certified by the signature of the official, on e
ach page, and is to be enclosed together with the file.
(3) The act sent by post shall be deemed to have been served on the date, on which the acknowledg
ment of receipt was signed by the trader, by the legal representative of the legal entity, or by their proxy or b
y an employee designated to receive papers and messages.
(4) The act sent by e-mail shall be deemed to have been served if, within 7 days of the sending of th
e e-mail, the addressee sends a confirmation of receipt by a return e-mail, activating an electronic link or do
wnloading it from a secured information system.
(5) Where the act is served with a return receipt and an electronic message, the date of service shall 
be the later date.
(6) Where the act cannot be served by the order of Para. 2 - 5, a message of its drafting shall be plac
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.ed immediately on the notice board and in a special section on the website of the Ministry of Culture , visib
le when initially loading the page. The message shall also indicate the date it was placed.
(7) When, within 14 days from the placing of the message under Para. 6, the person fails to appear i
n the Ministry of Culture for the presenting and signing of the act, the person drafting it shall note this in the 
act, the latter shall be annexed to the file and shall be deemed to be duly served on the day of the noting.
 
Imposing and Executing the Administrative Penalties  
Art. 98c. (new – SG 99/05, in force from 10.01.2006) (1) (Amend. - SG 47/19) The Punitive Decre
es shall be issued by the Minister of culture or by a Deputy-Minister authorized by him.
(2) (New - SG 47/19) A copy of the penalty decree shall be served on the offender against signature
.
(3) (New - SG 47/19) Where the penalty decree cannot be served on the sole trader or the legal entit
y at the address indicated by him or at the management address or correspondence address, entered in the rel
evant registry kept by the Registry Agency, Art. 98b 1, Para. 6 and 7  shall apply accordingly, including reg
arding refusal to obtain a copy of the penal decree, and the noting of it shall be carried out by the body under 
Para. 1.
(4) (Previous Para. 2 - SG 47/19) The penalties fine or proprietary sanction shall be performed volu
ntary within a term of 7 days after the Punitive Decree or the decision of the court with which they have bee
n imposed enters into force. Fifty percent of the amounts shall be submitted to the account of National Fund 
"Culture" and the rest – to the budget of the Ministry of Culture.
(5) (Amend. - SG 105/05, in force from 01.01.2006; amend. – SG 12/09, in force from 01.01.2010, 
previous Para. 3, amend. - SG 47/19) After the expiration of the term referred to in para 4, a copy of the Pun
itive Decree shall be sent to the National Revenue Agency for enforcement of the imposed fine or proprietar
y sanction according to the order of the Tax Insurance Procedure Code .
(6) (Amend. – SG 25/11, in force from 25.03.2011, previous Para. 4 - SG 47/19) After the Punitive 
Decree enters into force the durable carriers seized in favour of the state shall be delivered for destruction to 
the bodies of the Ministry of Interior.
 
Powers of the mayors of municipalities (Title new - SG 47/19)  
Art. 98c 1. (New - SG 28/18, in force from 29.03.2018) (1) The mayors of municipalities shall exerc
ise control over the commercial sites and tourist sites under Art. 3, Para. 2 of the Tourism Act  for the pre-a
rranged rights to live public performance or by recording of works, recorded performances, sound recording
s, recorded films or other audio-visual works, or parts thereof.
(2) Any persons who manage commercial sites and tourist sites under Art. 3, Para. 2 of the Touris
m Act, upon request, at least once a year, shall provide the mayors of municipalities evidence of their public 
performance rights assigned to them.
(3) In case of violation of Para. 2, the persons who manage the commercial or tourist sites under Ar
t. 3, Para. 2 of the Tourism Act  shall be imposed a proprietary sanction in the amount from two thousand t
o ten thousand BGN.
(4) The violations shall be established by officials assigned to it by an order of the mayor of the mu
nicipality.
(5) The penal decrees shall be issued by the mayor of the municipality.
(6) (Amend. - SG 47/19) The proprietary sanctions under Para. 3 shall be executed in accordance w
ith Art. 98c, Para. 4, sentence one and Para. 5 . Fifty percent of the proceeds of the proprietary sanctions s
hall be paid into the account of the National Fund "Culture", and the remaining revenues - into the budget of 
the respective municipality.
Източник: Правно-информационни системи "Сиела" 12.07.2022 г. 
Application of the Administrative Violations and Penalties Act  
Art. 98d. (new – SG 99/05, in force from 10.01.2006) Unless otherwise provided by this Chapter, t
he detection of the offences, issuing, appealing and enforcement of the Punitive Decrees shall be carried out 
according to the order of the Administrative Violations and Penalties Act .
 
Division four.  
APPLICABLE LAW  
Law Applicable to Works  
Art. 99. (1) This Act shall apply to:
1. (amend. - SG 77/02, in force from 01.01.2003) works which authors are citizens of the Republic 
of Bulgaria or whose permanent address is in it regardless of where the works have been published for the fi
rst time;
2. (new – SG 99/05) (*) works which authors are citizens of a Member State of the European Union 
or persons who have permanent address in such State regardless of where the works have been published for 
the first time;
3. (amend. - SG 77/02, in force from 01.01.2003; prev. text of item 02 – SG 99/05) (*) works whos
e authors are citizens of a State with which the Republic of Bulgaria is bound by a copyright treaty, or perso
ns with permanent address in such a State regardless of where the works have been published for the first ti
me;
4. (prev. text of item 03 – SG 99/05) (*) works published for the first time or incorporated as archit
ectural projects on the territory of the Republic of Bulgaria or on the territory of a State which has a copyrig
ht treaty with the Republic of Bulgaria, regardless of the nationality of the authors;
5. (prev. text of item 04 – SG 99/05) (*) works which have been published for the first time on the t
erritory of a State with which the Republic of Bulgaria is not bound by a copyright treaty but simultaneously 
or within thirty days have been published on the territory of the Republic of Bulgaria or on the territory of a 
State with which the Republic of Bulgaria has such treaty.
(2) Where this Act is applied to works created by citizens of other states or to works which have be
en published abroad first the owner of the copyright shall be determined according to the respective foreign l
aw.
(3) (new - SG 28/00, in force from 05.05.2000; amend. – SG 25/11, in force from 25.03.2011) In re
spect of works, created by citizens of third countries published for the first time in third countries, the term o
f validity shall be determined by the respective foreign law if it stipulates terms of protection shorter than thi
s Act.
 
Law Applicable to the Right of Compensation under Art. 20  
Art. 99a. (new – SG 99/05, in force from 10.01.2006) (1) The provisions of Art. 20 shall be applied 
at resale of works of authors citizens of the Republic of Bulgaria or persons who have permanent address in 
it, in case the place of the resale is on its territory.
(2) Art. 20 shall be also applied to all authors and their heirs who are citizens or have permanent ad
dress in a Member State of the European Union.
(3) In respect of authors who are citizens of other State and have no permanent address in the Repu
blic of Bulgaria the provisions of Art. 20 shall be applied only under the condition that the respective foreig
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.n country admits analogous right to the Bulgarian citizens.
 
Law Applicable to Broadcasting by Satellite  
Art. 99b. (new – SG 99/05) (*) (1) This Act shall be applied to the broadcasting of a work by satelli
te in case the signal is transmitted to the satellite:
1. from the territory of the Republic of Bulgaria ;
2. from the territory of a State not member of the European Union which does not provide level of 
protection of this right corresponding to this Act under the condition that:
a) the ascending connection to the satellite starts from a station located on the territory of the Repub
lic of Bulgaria, or
b) the ascending connection to the satellite does not start from a station located on the territory of a 
Member State of the European Union but the broadcasting has been carried out by order of an organization h
aving its seat on the territory of the Republic of Bulgaria.
(2) The responsibility of the broadcasting shall be born: in the cases of para 1, item 1 – by the broad
casting organization; in the cases of para 1, item 2 letter "a” – by the operator of the station; in the cases of p
ara 1, item 2 letter "b” – by the organization under which ordered the broadcasting has been carried out.
(3) The provisions of para 1 and 2 shall be applied respectively also to the rights referred to in Art. 
72.
 
Law Applicable to Performances  
Art. 100. (1) (amend. - SG 77/02, in force from 01.01.2003) This Act shall apply to the performanc
es of performers who are citizens of the Republic of Bulgaria or who have permanent address in it regardless 
of where the performances have been carried out.
(2) This Act shall apply to the performances of foreign performers on the territory of the Republic o
f Bulgaria.
(3) (new – SG 99/05) (*) This Act shall also apply to the performances of foreign performers, citize
ns of a Member State of the European Union or having permanent address in such state regardless of where t
he performances have been carried out.
 
Law Applicable to Records, Programmes and Films  
Art. 101. (amend. - SG 28/00, in force from 05.05.2000; amend. - SG 77/02, in force from 01.01.20
03; suppl. - SG 99/05) (*) This Act shall apply to the subject matter under Art. 72, item 2, 3 and 4  made by 
natural persons who are citizens of the Republic of Bulgaria or who have permanent address in it, by citizens 
of Member States of the European Union or having permanent address in some of them, or by legal persons 
which seat is on the territory of the Country or on the territory of such State, regardless of where the recordi
ngs 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 Member State of the European Union.
 
Law Applicable to Makers of Databases  
Art. 101a. (new – SG 77/02, in force from 01.01.2003) (1) (suppl. - SG 99/05) (*) This Act shall ap
ply to the makers of databases, if they are citizens of the Republic of Bulgaria or have permanent address in 
it or are citizens of a Member State of the European Union or have permanent address in such state.
(2) (suppl. - SG 99/05) (*) The provision of para 1 shall also apply to the legal persons, established 
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.in compliance with the legislation of the Republic of Bulgaria having their seat, central administration or pri
mary activity on its territory, as well as to the legal persons established in compliance with the legislation of 
some Member State of the European Union having seat, central administration or primary activity on its terri
tory. If the legal person has seat only in the Republic of Bulgaria or in a Member State of the European Unio
n, it shall be required its activity to have real relation to the economy of the State.
 
Application of International Treaties  
Art. 102. (1) (amend. and suppl. - SG 28/00, in force from 05.05.2000; prev. text of Art. 102 – SG 
77/02, in force from 01.01.2003; amend. and suppl. – SG 25/11, in force from 25.03.2011) The rights of fore
ign performers, producers of phonograms, radio and television organisations and film producers other than t
hose referred to in Art. 100, para 2 and 3  and Art. 101, shall be protected in compliance with the treaties in 
the field of the rights related to copyright to which the Republic of Bulgaria is a party. The duration of prote
ction in such cases shall not last beyond the duration of protection provided in the country of nationality of t
he rightholder, and shall not exceed the time limits referred to in Art. 82, 89, 90b and 92.
(2) (new – SG 77/02, in force from 01.01.2003; suppl. - SG 99/05) (*) The foreign makers of datab
ases, except those referred to in Art. 101a , shall be protected in compliance with the international treaties to 
which the Republic of Bulgaria is a party.
 
Additional provisions  
 
§ 1. (1) The owner of copyright 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 in front of their names or 
firms and the year of making the work available to the public at a suitable place on the copies of the work.
(2) The producer of a phonogram as well as a person who has been granted the exclusive right to re
produce a phonogram protected by this Act, may place the Latin letter "P" surrounded by a circle in front of 
their names or firms and the year of the first publication at a suitable place on the copies of the phonogram a
nd their packing.
 
§ 1a. (new - SG 28/00, in force from 05.05.2000) (1) Prohibited shall be the acquisition, seizure and 
keeping with commercial purpose, durable material carriers containing subject matter protected by the Law, 
which have been reproduced in violation of the Law.
(2) The durable material carriers under para 1 shall be seized in favour of the State by an act of the 
administrative punitive body or the court and shall be provided for destruction to the bodies of the Ministry 
of Interior.
(3) (new – SG 99/05, in force from 10.01.2006; amend. - SG 25/11, in force from 25.03.2011) Dest
ruction of the subject matter of the violation referred to in Art. 97, para 1, items 8 and 9  shall be also its de
letion from the electronic carrier on which it has been reproduced.
 
§ 2. In the sense of this Act:
1. "making a work available to the public" means the bringing of the publication with the consent o
f its author to the attention of unlimited number of persons for the first time regardless of the form or manne
r in which this may be done;
2. (amend. - SG 25/11, in force from 25.03.2011) "publishing a work" means bringing of a work to 
the attention of unlimited number of persons by reproduction and distribution of its copies, including in the f
orm of phonograms or recordings of films or other audio-visual works, in sufficient quantities depending on 
the nature of the work;
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.3. (amend. - SG 28/00, in force from 05.05.2000; amend. - SG 77/02, in force from 01.01.2003) "re
production of a work" means the direct or indirect multiplication in one or more copies of the work or part o
f it by any means and in any form, permanent or temporary, including its saving in digital form on electronic 
carrier;
4. (amend. - SG 77/02, in force from 01.01.2003; amend. - SG 99/05, in force from 10.01.2006) "di
stribution of a work" means the sale, exchange, donation, rental, as well as storage in commercial quantities 
and also the proposal for sale or rental of originals and copies of the work;
5. (amend. - SG 28/00, in force from 05.05.2000; amend. - SG 99/05, in force from 10.01.2006) "wi
reless broadcasting of a work" is its broadcasting by radio or television via a ground way, as well as introduc
ing, under the control and responsibility of the broadcasting organization, the programme-carrying signals in
tended for reception either directly and individually by the public or through the mediation of an organisatio
n different from the broadcasting one, into an uninterrupted chain of communication leading to the satellite a
nd down towards the earth;
5a. (new – SG 21/14) "making available to the public" is sending of a performance to the audience t
hrough any means except wireless broadcasting, in a way allowing the audience to listen to and/or to watch i
t;
6. (amend. - SG 28/00, in force from 05.05.2000; suppl. - SG 77/02, in force from 01.01.2003; ame
nd. - SG 99/05, in force from 10.01.2006; amend. - SG 25/11, in force from 25.03.2011) "users of a work" 
means the natural and legal persons such as publishers, theatres, organisers of concerts, radio or television or
ganisations, undertakings, carrying out public electronic communication services over electronic communica
tion networks for transmission of Bulgarian or foreign radio and television programmes, public catering and 
entertainment establishments, film producers, Internet content providers, manufacturers of video recordings 
and others that bring the work to the attention of readers, viewers and listeners directly or through distributor
s;
7. (amend. - SG 25/11, in force from 25.03.2011) "audio recording" means fixing on a durable mate
rial carrier of a sequence of sounds in a manner to make them available for listening, reproduction, wireless 
broadcasting, by cable or other technical means;
8. "phonogram" shall be the product of audio recording;
9. (amend. - SG 25/11, in force from 25.03.2011, amend. - SG 28/18, in force from 29.03.2018) "ar
chitectural works" means projects of buildings and facilities, spatial plans and schemes, approved under the 
effective legislation, buildings and other facilities and their elements, durable objects of the synthesis of arch
itecture with the rest of the arts, as well as durable interior decorations registered by the respective collective 
management organisation.
9a. (new - SG 25/11, in force from 25.03.2011) "adaptation of an architectural project" means its ad
justment or use for creation of a new project and introduction of any type of changes;
9b. (new - SG 25/11, in force from 25.03.2011) "adaptation of an architectural work" means its out
building, superstruction, reconstruction or change of purpose;
10. (new - SG 10/98; amend. - SG 28/00, in force from 05.05.2000) "decrypting device" means eve
ry device, set, mechanism or decrypting card, constructed or specially adjusted to allow individual or in com
bination between them, access to encrypted signal in its form before the encryption.
11. (new - SG 28/00, in force from 05.05.2000) "encrypted signal" is every radio and television sig
nal, transmitted, broadcasted, retransmitted and rebroadcasted through any technical devices whatsoever, wh
ich characteristics have been deliberately changed with the purpose of restricting the access to it only for a c
ertain auditorium;
12. (new – SG 28/00, in force from 05.05.2000; revoked – SG 99/05, in force from 10.01.2006)
13. (new – SG 77/02, in force from 01.01.2003) "database" means a collection of independent work
s, data or other materials, arranged systematically or methodically and individually accessible in electronic o
r other way; the computer programme, used for the creation or the functioning of databases, the recordings o
f separate audio–visual, literary or musical work, as well as the collection of phonograms with musical perfo
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.rmances on a compact disc shall not be database in the sense of this Act;
14. (new – SG 77/02, in force from 01.01.2003) "technological measures of protection" means any t
echnology, device or component that, in the normal course of its operation, is designed to prevent or restrict 
acts, in respect of works or other subject-matter, which are not authorised by the owner of any any right prot
ected by law where the use of a subject-matter is controlled by the owner of the right through encryption, scr
ambling or other transformation of the work or other subject-matter or a copy control mechanism.
15. (new – SG 99/05, in force from 10.01.2006) "rental of subject matter of protection" means maki
ng available for use, for a limited period of time and for direct or indirect economic or commercial advantag
e.
16. (new – SG 99/05, in force from 10.01.2006) "lending of subject matter of protection" means ma
king available for use, for a limited period of time and not for direct or indirect economic or commercial adv
antage, when it is made through establishments which are accessible to the public; Shall not be considered a
s lending in the sense of this Act:
a) making available of works or other subject matter of rights under this Act, if they do not leave th
e premises of the lending establishment or between separate publicly accessible establishments;
b) (amend. - SG 25/11, in force from 25.03.2011) making available of phonograms or film copies f
or the purposes of their lawful use;
c) making available of fine art and photograph works for public exhibition;
17. (new – SG 99/05, in force from 10.01.2006) "professional protection associations of the owners 
of rights" are non-governmental organizations which members include entirely or mostly owners of copyrig
ht or related rights and which, according to their statutes, are authorized by their members to protect their rig
hts against infringement, as well as the legal persons, representing international organization of such nature i
n the country;
18. (new - SG 25/11, in force from 25.03.2011) "adaptation of work" means its modification for the 
purpose of creation of a new derivative work, including its adaptation to another genre or introduction of an
y changes to it;
19. (new - SG 25/11, in force from 25.03.2011) "third countries" means countries, which are not M
ember States of the European Union, or not contracting parties to the Agreement on the European Economic 
Area;
20. (new - SG 25/11, in force from 25.03.2011) "information carriers" means independent carriers p
rimarily intended to store subject-matter of author's right or related rights and consequently enabling, with th
e aid of appropriate technical means, such subject-matter to be aurally or visually perceived.
21. (new - SG 47/19) "Automated means of control" shall mean any devices and / or computer prog
rams, standardized or certified by an independent organization established within the European Union, that a
utomatically detect the use of objects protected by law in the presence or absence of a control body and in th
e presence or absence of the inspected person.
 
§ 3. (amend. - SG 28/00, in force from 05.05.2000; amend. - SG 99/05, in force from 10.01.2006; a
mend. - SG 25/11, in force from 25.03.2011) The definitions in § 2 shall also apply to the subject matter und
er Art. 72 and Chapter eleven "a" .
 
§ 4. (1) Each copy of a work of fine art signed personally by its author shall be considered an origin
al. The number of originals shall be determined by the author and shall be announced in a suitable manner w
hen the work is made available to the public for the first time, and shall not be subject to subsequent change. 
Each copy shall carry consecutive number.
(2) (revoked – SG 99/05, in force from 10.01.2006)
 
§ 5. (1) (suppl. - SG 25/11, in force fro 25.03.2011) The amount of compensation due to the owners 
of copyright and related rights for the use of works, performances, phonograms, film or other audio-visual re
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.cordings and radio and television programmes shall be negotiated in a contract between the owners of the rig
hts and the users.
(2) (suppl. - SG 25/11, in force fro 25.03.2011, amend. - SG 28/18, in force from 29.03.2018) Whe
never use is negotiated through a collective management organisation or an independent management entity, 
the amount of compensation shall be determined in a contract between that organisation or the entity and the 
users or their representative organizations.
 
§ 5a. (new – SG 77/02, in force from 01.01.2003; revoked – SG 74/05, in force from 14.10.2005)
 
§ 5b. (new – SG 99/05) (*) The provisions of this Act referring to the Member States of the Europe
an Union shall be applied also to the other states from the European Economic Area.
 
§ 5c. (new – SG 99/05, in force from 10.01.2006) (1) (suppl. - SG 73/06, in force from 06.10.2006) 
The Ministry of Culture together with the Ministry of Interior, the Ministry of Justice, the Customs Agency, 
the Patent Department and other departments determined by the Council of Ministers shall establish and mai
ntain National System for Exchange of Information in the Field of Copyright and Related Rights and the Ind
ustrial Property which shall ensure the implementation of interaction and exchange of data related to the prot
ection of rights in works, subject matter under Art. 72 and subject matter of industrial property.
(2) The administration, control and use of the system referred to in para 1 shall be implemented by 
order determined by the Council of Ministers.
(3) The resources for introduction, exploitation and development of the system shall be provided by 
the budgets of the departments referred to in para 1.
 
§ 5d. (new – SG 21/14) This act shall introduce the provisions of Directive 2011/77/EU of the Euro
pean Parliament and of the Council of 27 September 2011 amending Directive 2006/116/EC on the terms of 
protection of copyright and certain related rights.
 
§ 5e. (new – SG 14/15) This act shall introduce the requirements of Directive 2012/28/EU of the Eu
ropean Parliament and of the Council of 25 October 2012 in certain permitted uses of orphan works (OJ, L 2
99/5 of 27 October 2012).
Transitional and concluding provisions  
 
§ 6. (1) (amend. - SG 28/00, in force from 05.05.2006) This Act shall also apply to works, performa
nces, phonograms, radio and television programmes made or performed prior to the entry into force of this 
Act unless the respective protection periods have expired.
(2) Copyrights 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 purs
uant to Art. 7 "b" of the Copyright Law of 1951, may not prohibit the further use of the musical work togeth
er with the text if it has already been made available to the public together with it.
 
§ 8. (1) The activity of the Copyright Agency shall be terminated.
(2) (amend. - SG 28/00, in force from 05.05.2000) The property of the Copyright Agency shall be t
ransferred to the Ministry of Culture.
(3) The Council of Ministers shall determine the terms and procedures for distribution of the proper
ty of the Agency among the organisations under Art. 40 of this Act.
 
§ 9. This Act shall hereby revoke:
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.1. The Copyright Law (prom. - Izvestia 92/51; corr. - Izvestia 10/52; amend. and suppl. - Izvestia 5
5/56; amend. - SG 35/72 and 30/90).
2. Art. 270 through 278 of the Obligations and Contracts Act (prom. - SG 275/50; corr. - SG 02/51; 
amend. - SG 69/51, 92/52; SG 85/63, 27/73, 16/77, 28/88, 30/90 and 12/93).
 
§ 10. This Act shall enter into force from August 1, 1993.
 
§ 11. The implementation of this Act shall be assigned to the Council of Ministers.
 
Transitional and concluding provisions  
TO THE ACT ON AMENDMENT AND SUPPLEMENTATION OF THE COPYRIGHT AND REL
ATED RIGHTS ACT (SG 28/00)  
(PROM. - SG 28/00, IN FORCE FROM 05.05.2000; AMEND. - SG107/00; SUPPL. - SG 99/05, I
N FORCE FROM 10.01.2006)
 
§ 51. (1) This Act shall also apply to the works and subject matter under Art. 72, created or realize
d before its enactment if the terms of protection stipulated by it have not expired.
(2) The owners of rights may not lay claims on occasion of uses carried out at a time when the term 
of protection of these rights had expired in the context of the law active at that time.
(3) (new - SG 107/00) Owners of copyright in films and other audio-visual works created before th
e enactment of the COPYRIGHT AND RELATED RIGHTS ACT shall be the persons under Art. 62, para 
2.
(4) (new - SG 107/00) The persons, owners of copyright in films, pursuant to Art. 16, para 1 of the 
revoked Copyright Law of 1951, shall exercise only the rights under Chapter Ten "a" .
(5) (new - SG 107/00; suppl. - SG 99/05, in force from 10.01.2006) The producer's rights referred t
o in Chapter Ten "a"  of the persons under para 4 in the films produced by State Enterprise (Chief Director
ate, State Association, Creative Economic Association) "Bulgarian Cinematography", " Film Studios "Boya
na", Studio for Cartoons "Sofia" and Studio for Scientific Popular Films "Vreme" shall be transferred to the 
National Film Centre.
(6) (new - SG 107/00) The persons, owners of rights of producers in films according to para 4 and 5
, may use these films without a contract with the respective owners of copyright by July 1, 2001, owing the
m compensation for every use, in amount determined and payable by agreement, through the respective orga
nisation for collective administration of copyrights.
 
§ 52. Revoked shall be § 4 of the Concluding Provisions of the Act on Amendment and Supplement
ation of the COPYRIGHT AND RELATED RIGHTS ACT (SG, No 10 of 1998).
 
§ 53. Everywhere in the Act the words "the Ministry responsible for the culture" shall be replaced b
y "the Ministry of Culture".
 
§ 54. (1) This Actshall enter into force one month after its promulgation in the State Gazette, with e
xception of § 8 which shall enter into force from 01.01. 2001.
(2) The Council of Ministers shall adopt the Ordinance referred to in §8 within six months from the 
enactment of the Act and shall apply from 1 January 2001.
 
Transitional and concluding provisions  
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.TO THE PRIVATE BAILIFFS ACT (SG 77/02)  
(PROM. - SG 43/05)
 
§ 23. This Act shall enter into force from 1 September 2005.
 
Transitional and concluding provisions  
TO THE ACT ON THE ADMINISTRATYIVE REGULATION OF THE PRODUCTION AND TRA
DE WITH OPTIC DISCS, MATRIXES AND OTHER CARRIERS CONTAINING SUBJECTS OF C
OPPYRIGHT AND THE RELATED TO IT RIGHTS  
(PROM. - SG 74/05)
 
§ 8. This Act shall enter into force one month from its promulgation in the State Gazette, except Se
ction III of Chapter Two  and Section II of Chapter Three , which shall enter into force from the 1st of Jan
uary 2006.
 
Transitional and concluding provisions  
TO THE ACT ON AMENDMENT AND SUPPLEMENTATION OF THE COPYRIGHT AND REL
ATED RIGHTS ACT  
(PROM. - SG 99/05, IN FORCE FROM 10.01.2006)
 
§ 56. Everywhere in the Act the words "Ministry of Culture and Tourism" shall be replaced by "Mi
nistry of Culture".
 
§ 57. (1) The provisions of § 1 about Art. 6 and of § 21 about Art. 72b shall be applied also to the 
works and subject matter referred to in Art. 72, created or realized before this Act enters into force.
(2) The provisions of § 4 about Art. 20 and of § 5 about Art. 20a shall be applied for sales taken pl
ace after entering into force of this Act.
 
§ 58. (1) Sale or other transaction implemented on the territory of a Member State of the European 
Union outside the Republic of Bulgaria before § 3, item 1 enters into force shall terminate the right of distrib
ution referred to in Art. 18a, para 1 .
(2) Claims based on the provisions of § 37, about Art. 94a, and of § 38, about Art. 95, may be sub
mitted if the verbal contests at the first instance have not finished before this Act enters into force.
(3) The provisions about the evidence and the conditions for their admission under Art. 95c and 95
d shall be applied also to facts which have taken place before entering into force of this Act.
 
§ 59. The administrative and the administrative punitive proceedings initiated before entering into f
orce of this Act shall be finished according to the previous order.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 
§ 62. This Act shall enter into force on month after its promulgation in the State Gazette except:
1. § 12 which shall enter into force 6 months the promulgation of the Act in the State Gazette;
2. § 3, item 1, § 34, § 46, § 47 – regarding Art. 99a, para 2 , § 48 – 52 and § 54, item 4 which shall 
enter into force from the date of entering into force of the Treaty of Accession of the Republic of Bulgaria to 
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.the European Union.
 
Transitional and concluding provisions  
TO THE TAX-INSURANCE PROCEDURE CODE  
(PROM. – SG 105/05, IN FORCE FROM 01.01.2006)
 
§ 88. This Code  shall enter into force from the 1 January 2006, except Art. 179, Para 3 , Art. 183, 
Para 9, § 10, item 1, letter "e" and item 4, letter "c", § 11, item 1, letter "b" and § 14, item 12 of the transitio
nal and concluding provisions which shall enter into force from the day of promulgation of the code in the St
ate Gazette.
 
Transitional and concluding provisions  
TO THE ADMINISTRATIVE PROCEDURE CODE  
(PROM. – SG 30/06, IN FORCE FROM 12.07.2006)
 
§ 142. This Code  shall enter into force three months after its promulgation in State Gazette, with th
e exception of:
1. division three, § 2, item 1 and § 2, item 2 – with regards to the repeal of chapter third, section II "
Appeal by court order", § 9, item 1 and 2, § 15 and § 44, item 1 and 2, § 51, item 1, § 53, item 1, § 61, item 
1, § 66, item 3, § 76, items 1 – 3, § 78, § 79, § 83, item 1, § 84, item 1 and 2, § 89, items 1 - 4§ 101, item 1, 
§ 102, item 1, § 107, § 117, items 1 and 2, § 125, § 128, items 1 and 2, § 132, item 2 and § 136, item 1, as w
ell as § 34, § 35, item 2, § 43, item 2, § 62, item 1, § 66, items 2 and 4, § 97, item 2 and § 125, item 1 – with 
regard to the replacement of the word "the regional" with the "administrative" and the replacement of the wo
rd "the Sofia City Court" with "the Administrative court - Sofia", which shall enter into force from the 1st of 
May 2007;
2. paragraph 120, which shall enter into force from the 1st of January 2007;
3. paragraph 3, which shall enter into force from the day of the promulgation of the code in State G
azette.
 
Transitional and concluding provisions  
TO THE ACT ON AMENDMENT AND SUPPLEMENTATION OF THE TRADEMARKS AND TH
E GEOGRAPHIC NAMES ACT  
(PROM. - SG 73/06, IN FORCE FROM 06.10.2006)
 
§ 28. This Act shall enter into force one month after its promulgation in the State Gazette except § 
7, § 12, § 21 and § 26 which shall enter into force from the date of the accession of the Republic of Bulgaria 
to the European Union, and § 17 which shall enter into force from 13 July 2006.
 
Transitional and concluding provisions  
TO THE CIVIL PROCEDURE CODE  
(PROM. – SG 59/07, IN FORCE FROM 01.03.2008)
 
§ 61. This code  shall enter into force from 1 March 2008, except for:
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.1. Part Seven “Special rules related to proceedings on civil cases subject to application of Communi
ty legislation”
2. paragraph 2, par. 4;
3. paragraph 3 related to revoking of Chapter Thirty Two “a” “Special rules for recognition and ad
mission of fulfillment of decisions of foreign courts and of other foreign bodies” with Art. 307a – 307e and 
Part Seven “Proceedings for returning a child or exercising the right of personal relations” with Art. 502 – 5
07;
4. paragraph 4, par. 2;
5. paragraph 24;
6. paragraph 60,
which shall enter into force three days after the promulgation of the Code in the State Gazette.
 
Transitional and concluding provisions  
TO THE ACT ON AMENDMENT AND SUPPLEMENTING OF THE TAX-INSURANCE PROCED
URE CODE  
(PROM. – SG 12/09, IN FORCE FROM 01.05.2009; SUPPL. - SG 32/09)
 
§ 68. (suppl. - SG 32/09) This Act shall enter into force from 1 May 2009 except § 65, 66 and 67, w
hich shall enter into force from the date of promulgation of the Act in the State Gazette and § 2 - 10, § 12, It
ems 1 and 2 - regarding Para 10 and 11, Item 8, Letter "a", Items 9 and 12 and § 53 - 64, which shall enter in
to force from 1 January 2010.
 
Transitional and concluding provisions  
TO THE ACT ON AMENDMENT AND SUPPLEMENTATION OF THE COPYRIGHT AND REL
ATED RIGHTS ACT  
(PROM. - SG 25/11, IN FORCE FROM 25.03.2011)
 
§ 42. (1) Organisations for collective administration of author's rights or rights related thereto, whic
h before entry into force of this Act have been registered with the Ministry of Culture as set out in Art. 40 a
nd within the period following 1 January 2005 have collected, allocated and paid remunerations to righthold
ers, shall submit an application for new registration as set out in Art. 40b, Para 2  within three months from 
entry into force of this Act. With the application shall be enclosed the documents referred to in Art. 40b, Pa
ra 2, Items 2 - 11  and in Art. 40e, Para 1, Items 1, 3, 4 and 5 .
(2) The organisations referred to in Para 1 shall continue their activity until the issue of a certificate 
for registration or refusal of registration. Organisations registered as set out in Art. 40 for collection of comp
ensatory remunerations as set out in Art. 26, shall submit an application for registration together with the do
cuments referred to in Para 1, second sentence, within the time limit referred to in Para 1 without discontinui
ng their activity.
(3) Organisations for collective administration of author's rights or rights related thereto, which bef
ore entry into force of this Act have been registered with the Ministry of Culture as set out in Art. 40 and do 
not meet the requirements of Para 1, first sentence, shall discontinue their activity of collective administratio
n of author's and related rights from the date of entry into force of this Act. In such cases Art. 40c, Para 4  s
hall apply respectively.
 
§ 43. Organisations for collective administration of rights registered as set out in § 42 shall submit f
or approval by the Minister of Culture a proposal for the amounts of the remunerations collected by them un
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.der Art. 40f within two months from receiving the certificate for registration.
 
§ 44. Within one month from entry into force of this Act the Minister of Culture shall establish the r
egister referred to in Art. 40d.
 
§ 45. The remunerations agreed upon between the organisations for collective administration of rig
hts and users before approval of the amounts of the remunerations as set out in Art. 40f may not be disputed 
only on the grounds of not being based on remuneration amounts approved under the procedure set in this A
ct.
……………………………………………………….
 
§ 48. This Act shall enter into force from the day of its promulgation in the State Gazette.
 
Transitional provisions  
TO THE ACT AMENDING AND SUPPLEMENTING THE COPYRIGHT AND RELATED RIGHT
S ACT 
(PROM. - SG 21/14)
 
§ 19. (1) The provision of Art. 27, par. 3  shall apply to music works with lyrics and to musical dra
matic pieces in which as of 1 November 2013 the music or the lyrics or both are used under the protection in 
one European Union Member State, and also to such created after this date whereby the rights acquired by th
ird persons before 1 November 2013 concerning the use of these works shall be protected.
(2) The provisions of Art. 77, 77a, 82 and 89 shall apply also to the recorded performances and to t
he audio-records, regarding which the rights of artists-performers and of producers are effective as of 1 Nov
ember 2013 and also to the performances and audio-records made thereafter.
 
§ 20. The provisions of Art. 40b shall apply also regarding all pending registration and re-registrati
on proceedings, as the case may be.
 
§ 21. (1) Contracts, providing transfer of the right of use of a performance, according to the provisi
on of Art. 76, concluded before 1 November 2013 shall remain effective also after the time when, according 
to the previous Art. 82, the rights of the artist-performer cease being legally protected, unless the contract co
ntains explicit clear instructions to the contrary.
(2) Contracts for transfer or reassignment of rights, under which a performer is entitled to periodic 
payments, concluded before 1 November 2013 may be amended by parties mutual consent after the fiftieth y
ear of the legitimate publication of the audio-record, or if it has not been published – after the fiftieth year of 
its legitimate making available to the public.
 
§ 22. The organizations entered into the register under Art. 40d prior to entering of this act into for
ce shall provide within three months after its entering into force updated information referred to in Art. 40a, 
par. 2, item 4a  and in Art. 40e, par. 1, items 2 and 3 .
 
§ 23. Organizations for collective copyright or related rights management continuing their activity 
on the grounds of § 42, par. 2 of the Transitional and Concluding Provisions of the Act amending and supple
menting the Copyright and related rights Act (SG 25/11) without a registration certificate or beyond the scop
e of the obtained registration shall suspend this activity of theirs as from the date of entering of this act into f
orce.
 
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.Transitional and concluding provisions  
TO THE ACT AMENDING AND SUPPLEMENTING THE COPYRIGHT AND RELATED RIGHT
S ACT 
§ 4. The provision of Chapter Seven, Section VIII  shall apply to all orphan works and sound recor
ds within the meaning of Art. 71b, par. 2  enjoying legal protection as of 29 October or thereafter. The right
s related to these objects acquired after this date shall remain.
Additional provisions  
TO THE ACT AMENDING AND SUPPLEMENTING THE COPYRIGHT AND RELATED RIGHT
S ACT 
(PROM. - 28/18, IN FORCE FROM 29.03.2018)
§ 22. This Act introduces the requirements of Directive 2014/26/EU of the European Parliament an
d of the Council of 26 February 2014 on the collective management of copyright and related rights and multi
-territorial licensing of rights in musical works for online use in the internal market (OJ, L 84/72 of 20 Marc
h 2014).
 
Transitional and concluding provisions  
TO THE ACT AMENDING AND SUPPLEMENTING THE COPYRIGHT AND RELATED RIGHT
S ACT 
(PROM. - 28/18, IN FORCE FROM 29.03.2018)
§ 23. Where a collective management organization has not provided multi-territorial licensing of ri
ghts in musical works for online use, does not offer such licences, nor has mandated another collective mana
gement organization to do so on its behalf until 10 April 2017, the rightholders who have authorized that org
anization to manage their rights may withdraw them from that organization without having to withdraw the
m from the territory of the Republic of Bulgaria, so as to have the opportunity to authorize multi-territorial li
censing of their works - either directly or through third parties, including through other collective manageme
nt organization meeting the requirements of Chapter Eleven "i" . Article 94u, Para. 2  and Art. 94w 2 shall 
apply accordingly.
 
§ 24. (1) Any collective management organization registered with the Ministry of Culture until the 
entry into force of this Act shall retain the registration for the same category of rights, types of rights, works 
or other subject-matter of protection, for which it has been registered.
(2) Within three months from the entry into force of this Act, the collective management organizati
on under Para. 1 shall inform its members about the rights under Art. 94a1, Para. 1, 3, 4 and 5 .
(3) The collective management organization under Para. 1 shall bring its Statutes into line with the 
requirements of this Act within 8 months of its entry into force.
(4) Remunerations for ceding of the rights managed by the collective management organizations, d
etermined before the enactment of this Act, shall remain in force. Where the size of the remunerations is det
ermined without discussion with a representative user organization, the latter may, within the meaning of Ar
t. 94p, Para. 2 , request amendment and supplement of the remuneration at any time, whereby Art. 94p, Par
a. 3-8 are to apply accordingly.
(5) Any collective management organization under Para. 1, who wishes to obtain a registration for c
ollective rights management for multi-territorial licensing of rights in musical works for online use under Ch
apter 11 "i" , shall submit an application to the Minister of Culture under Art. 94b 1.
(6) Within three months from the entry into force of this Act, the Minister of Culture, or a Deputy 
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.Minister empowered by him, shall bring the register under the revoked Art. 40d in accordance with Art. 94
d.
 
§ 25. (1) Commercial companies may file an application for registration within six months of the en
try into force of this Act, if they have been authorized to manage copyright or related rights simultaneously 
on behalf of more than one holder of such rights, in their mutual benefit, as their sole or principal activity, an
d is not owned or controlled, directly or indirectly, wholly or in part, by the holders of such rights.
(2) The company under Para. 1 may perform a collective rights management activity until the issua
nce of a certificate of registration as an independent management entity, or until the entry into force of an or
der for refusal of registration.
 
§ 26. Administrative proceedings, which have been initiated and not completed before the entry int
o force of this Act, shall be completed under the new procedure.
 
§ 27. Within 6 months of the entry into force of this Act, the Minister of Culture shall submit to the 
European Commission a report on the status and development of multi-territorial ceding of rights on the terri
tory of the Republic of Bulgaria. The report shall contain information on the availability of multi-territorial l
icences, on compliance with Chapter eleven "i"  by collective management organizations, as well as an asse
ssment of the development of multi-territorial licencing of online use of musical works by users, rightholder
s and other interested persons.
 
§ 28. The Minister of Culture shall provide the European Commission with a list of the registered c
ollective management organizations, and shall notify it of the changes therein, within three months of their o
ccurrence.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 
§ 31. This Act shall enter into force on the day of its promulgation in the State Gazette, except for § 
18 and 30, which shall enter into force 9 months after its promulgation.
 
Additional provisions  
TO THE ACT AMENDING AND SUPPLEMENTING THE COPYRIGHT AND RELATED RIGHT
S ACT 
(PROM. - SG 94/18)
§ 9. This Act introduces the requirements of Directive (EU) 2017/1564 of the European Parliament 
and of the Council of 13 September 2017 on certain permitted uses of certain works and other subject matter 
protected by copyright and related rights for the benefit of persons who are blind, visually impaired or other
wise print-disabled and amending Directive 2001/29/EC on the harmonisation of certain aspects of copyrigh
t and related rights in the information society (OJ, L 242/6 of September 20, 2017).
 
Concluding provisions  
TO THE ACT AMENDING AND SUPPLEMENTING THE COPYRIGHT AND RELATED RIGHT
S ACT 
(PROM. - SG 94/18)
§ 10. Any legal entity such as a community cultural center, on a non-for-profit basis for carrying ou
t socially useful activity for the benefit of persons with disabilities under Art. 26a, Para. 3 , a state or munici
pal cultural organization operating as a library, or a special school for the education and support of students 
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.with perceptual impairments - impaired hearing or impaired vision, based in the Republic of Bulgaria, which 
until the entry into force of this Act has carried out the activities as per Art. 26b, Para. 1 and 4 , within three 
months from the Act’s entry into force, shall submit to the Minister of Culture the notification under Art. 26
c, Para. 1 .
 
§ 11. Until September 11 th, 2020, the Minister of Culture shall provide the European Commission 
with information on the availability of accessible format copies of written works and subject matter related t
hereto:
1. other than those under Art. 26a, Para. 2 , for persons with disabilities under Art. 26a, Para. 3 ;
2. for persons with disabilities other than those under Art. 26a, Para. 3 .
 
Transitional and concluding provisions  
TO THE ACT AMENDING AND SUPPLEMENTING THE COPYRIGHT AND RELATED RIGHT
S ACT 
(PROM. - SG 47/19)
§ 14. Any administrative proceedings under Division Two “a”, initiated before the Minister of Cult
ure and not completed by the entry into force of this Act, shall be completed under the new order.
 
Annex N1 to. Art. 71d, par. 2  
(new – SG 14/15, previous Attachment to Art. 71d, Para. 2  - SG 28/18, in force from 29.03.2018)
 
List of minimum sources
1. for published books:
a) legally established depositing of works, library catalogues and lists of forms of names, maintaine
d by libraries and other institutions;
b) associations of publishers and of authors;
c) existing data bases and registers, WATCH (Writers, Artists and Their Copyright Holders), ISBN 
(International Standard Book Number) and data bases of printed books;
d) data bases of the respective collective rights management organizations, in particular of right of r
eproduction management organizations;
e) sources uniting a bigger number of data bases and registers, including VIAF (Virtual Internationa
l Authority Files) and ARROW (Accessible Registers of Rights Information and Orphan Works);
2. for newspapers, magazines, specialized publications and periodicals:
a) ISSN (International Standard Serial Number) for periodicals;
b) indexes and catalogues from library funds and collections;
c) legally established depositing of works;
d) associations of publishers, of authors and of journalists;
e) data bases of the respective collective rights management organizations, in particular of right of r
eproduction management organizations;
3. for visual works, including works in the field of fine arts, photography, illustrations, design, arch
itecture, for drafts thereof and other similar works, inserted in books, specialized publications, newspapers a
nd magazines, or other works:
a) the sources under items 1 and 2;
b) data bases of the respective collective rights management organizations, in particular of visual w
orks, including of right of reproduction management organizations;
c) data bases of photography agencies, where applicable;
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.4. for audio-visual works and sound records:
a) legally established depositing of works;
b) producers associations;
c) data bases of institutions for storage of film or sound record heritage and national libraries;
d) data bases of the respective standards and identifiers, such as ISAN (International Standard Audi
ovisual Number) for audio-visual materials, ISWC (International Standard Music Work Code) for music wo
rks and ISRC (International Standard Recording Code) for audio records;
e) data bases of respective collective rights management organizations, in particular of authors, perf
ormers, producers of audio records and of audio-visual works;
f) names of persons having contributed for the production of the work and other information, provi
ded on the packaging of works;
g) data bases of other respective associations, representing specific categories of holders of rights.
 
Annex 2 to Art. 94s1, Para. 2  
(New - SG 28/18, in force from 29.03.2018)
I. Information in annual reports
1. Annual financial statements, including balance sheet, asset and liability statements, profit and los
s account in the past calendar year and cash flow statement.
2. Activity report during the past calendar year.
3. Information on the refusals to conclude contracts with users, made under the procedure of Art. 9
4o, Para. 1 .
4. Description of the legal-organizational form and the structure of the collective management orga
nization.
5. Information about any legal entities directly or indirectly owned or controlled, in whole or in part
, by the collective management organization.
6. Information on the total amount paid as remunerations to the Executive Director and the member
s of the Management Board during the preceding year, as well as any other benefits granted to them.
7. The financial information referred to in Section II.
8. A separate report on the use of amounts deducted for social, cultural and educational services, co
ntaining the information specified in Section III.
II. Financial information in the annual report
1. Financial information on revenue from collective rights management by category of managed rig
hts and type of use, including information on the proceeds from investing part of that revenue and its procee
ds, and the manner in which such proceeds are spent, whether or not they have been distributed among the ri
ghtholders, other collective management organizations, or have been otherwise used.
2. Financial information on the cost of collective rights management and for other services rendered 
to rightholders, accompanied by an explanation on:
a) all current and financial costs broken down by category of managed rights, and where the costs a
re indirect and can not be attributed to one or more categories of rights - an explanation of the method by wh
ich their distribution is made;
b) current and financial costs broken down by categories of managed rights and where the costs are 
indirect and can not be attributed to one or more categories of rights - an explanation of the methodology use
d to distribute them, only with regards to rights management, including management fees deducted from or c
ompensated by revenue from collective rights management, or any proceeds arising from the investing of re
venue from collective management of rights in accordance with Art. 94k, Para. 2  and Art. 94k 1, Para. 1-4 ;
c) current and financial costs in respect of services other than collective management services, but i
ncluding social, cultural and educational services;
d) resources used to cover the costs;
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.e) deductions from revenue from collective rights management broken down by categories of rights 
managed and by type of use, as well as the purpose of the deductions, such as own-maintenance costs or soci
al, cultural or educational services;
f) the percentage of costs associated with the collective rights management and other services provi
ded by the collective management organization to rightholders against revenue from the collective rights ma
nagement for the relevant financial year, by category of rights managed, and in cases where costs are indirec
t and can not be attributed to one or more categories of rights - an explanation of the methodology used to di
stribute these indirect costs.
3. Financial information on amounts due to rightholders, explaining:
a) the total amount attributed to rightholders, broken down by category of managed rights and type 
of use;
b) the total amount paid to the rightholders, broken down by categories of rights of management an
d type of use;
c) the frequency of payments broken down by category of managed rights and type of use;
d) the total amount collected but not attributed to the rightholders, broken down by category of man
aged rights and type of use, indicating the calendar year, during which those sums were collected;
e) the total amount attributed to the rightholders but not distributed among them, broken down by c
ategory of managed rights and type of use, indicating the calendar year, in which those sums were collected;
f) the reasons why the terms under Art. 94l for the distribution and payment of the collected sums h
ave not been respected;
g) the total size of the amounts which cannot be distributed, together with an explanation of the use 
of these amounts.
4. Information on links with other collective management organizations with explanation on:
a) amounts received by other collective management organizations, and amounts paid to other colle
ctive management organizations broken down by category of managed rights, by type of use and by organiz
ations;
 
b) own-maintenance deductions and other deductions from the management of rights revenues owe
d to other collective management organizations broken down by category of managed rights, by type of use 
and by organizations;
c) own-maintenance deductions and other deductions from the amounts paid by other organizations
, broken down by category of managed rights and by organizations;
d) amounts allocated directly to holders of rights originating from other organizations, broken down 
by category of managed rights and by organizations.
III. Information in the Special Report
1. Amounts deducted for social, cultural and educational services during the financial year, broken 
down by type of objective and for each type of objective broken down by category of rights managed and by 
type of use.
2. An explanation of the use of these amounts broken down by type of objective, including the cost 
of managing amounts deducted to finance social, cultural and educational services, and the amounts used for 
social, cultural and educational purposes.
 
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.