Name of law Law supplementing the law on copyright and related rights bill name a bill amending and supplementing the law on copyright and related rights Date of adoption 12/02/2015 number/year Official Gazette 14/2015 Decree No 25
On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria
To be published in the Official Gazette the law supplementing the law on copyright and related rights, adopted by the National Assembly of HLIÌI 12 February 2015.
Issued in Sofia on 18 February 2015.
The President of the Republic: Rosen Plevneliev
Stamped with the State seal.
Minister of Justice: Hristo Ivanov
supplementing the law on copyright and related rights (official SG. 56 of 1993; amend., no. 63 of 1994 no. 10 of 1998, no. 28 and 107 since 2000, no. 77 of 2002, no. 28, 43, 74, 99 and 105 by 2005, issue 29, 30 and 73 from 2006, no. 59 of 2007. , PC. 12 and 32 from 2009, PCs. 25 by 2011, and St. 21 by 2014)
§ 1. In chapter seven establishes section VIII with art. 71 b-71 (h):
Special rules for the use of orphan works and Phonograms
Art. 71 (b) (1) the provisions of this section may benefit publicly accessible libraries, educational establishments, museums and archives, as well as institutions, sparing film or recording heritage, and public radio and television organizations headquartered in the Republic of Bulgaria only with a view to achieving the objectives associated with their public purpose.
(2) the provisions of this section shall apply to:
1. works published in the form of books, specialized journals, magazines, newspapers and other written works, which are part of the funds of the public libraries, educational establishments or museums, archives or institutions holding the film or recording heritage;
2. films or other audiovisual works and sound recordings, which are part of the funds of the public libraries, educational establishments, museums, archives or institutions holding the film or recording heritage;
3. films or other audiovisual works and sound recordings, produced by public radio and television organizations to 31 December 2002 inclusive and present in their archives, which are subject to copyright or a related right of copyright, and were first published in a Member State of the European Union, or, in the case that have not been published, were broadcast for the first time in such a State as far as are considered to be orphaned within the meaning of art. 71 in.
(3) the provisions of this section shall apply also to works and sound recordings within the meaning of para. 2, which were never published or broadcast, but were made public by organizations under para. 1 with the consent of the holders of rights on them, provided that there are grounds to assume that rightholders will not oppose the meaning of art. 71 g.
(4) This section shall apply also to works and other objects of protection, which have been included in or forming an integral part of the objects under para. 2 and 3.
(5) the provisions of this section shall not affect the application of the rules on the management of rights.
Orphan works and Phonograms
Art. 71. (1) a work or sound recording are considered orphaned, if none of the rights holders on it is not identified, or, in the case identified one or more of them, unable to locate any of them despite the implementation and documentation of duly made, in accordance with art. 71.
(2) where the work or sound recording there is more than one winner of rights and not all have been identified or identified though their location is not known after the documentation of search and duly made in accordance with art. 71 d, the work or phonogram may be used in accordance with the provisions of this section, provided that the rightholders who have been identified and whose location is known, are authorized in respect of their rights, the organizations under art. 71 (b), para. 1 to reproduce and to provide access within the meaning of art. 18, al. 2, item 1 and 10.
(3) the provisions of para. 2 may not affect the rights in the work or sound recording to the rightholders who have been identified and whose whereabouts is unknown.
(4) the provisions of this section do not affect the rules on works made public under a pseudonym or anonymously.
Art. 71. (1) the organizations under art. 71 (b), para. 1 duly carried out a search for any work or sound recording in order to ascertain whether they are orphaned by checking the relevant sources of information. Proper search must be conducted before the use of the work or sound recording.
(2) the sources, in which the Republic of Bulgaria due shall be determined by the Minister of culture or authorized by him from the Deputy Minister, in consultation with associations of rightholders and users. The list of at least the sources is shown in the annex to this law.
(3) in the Republic of Bulgaria is carried out properly missing in terms of:
1. the works and Phonograms which have been published for the first time in the Republic of Bulgaria, or if they have not been published, were broadcast for the first time in the country;
2. films or other audiovisual works, where the registered office or usual place of residence of their producer is located in the Republic of Bulgaria;
3. the works and Phonograms Treaty under art. 71 (b), para. 3, where the headquarters of the organization is established in the Republic of Bulgaria.
(4) if there is evidence that the relevant information on the holders of rights can be found in other countries, reference is made to the sources of information available in these other countries.
(5) the organizations under art. 71 (b), para. 1 maintain documentation for the appropriate investigations and inform the Minister of culture for:
1. the results of proper investigations, which are conducted and which lead to the conclusion that a work or sound recording can be considered to be orphaned within the meaning of art. 71 c;
2. the use of such works or phonograms under this section;
3. any change within the meaning of art. 71 is in the status of the orphan works and Phonograms;
4. your contact information.
(6) the Minister of culture or authorized by him Deputy Minister after receiving the information referred to in para. 5 forward it to the Office for harmonisation in the internal market, in accordance with Regulation (EC) no 386/2012 to the European Parliament and of the Council of 19 April 2012 for the award of the Office for harmonisation in the internal market (trade marks and designs) of tasks related to ensuring compliance with intellectual property rights, including unification of the representatives of the public and private sectors in the European Observatory for violations of intellectual property rights (OJ 129 L/1, of 16 may 2012).
Mutual recognition of the status of orphaned work or sound recording
Art. 71 e. works or phonograms, which are considered to be orphaned within the meaning of art. 71 in any Member State of the European Union, shall be regarded as such, and may be used under this section and in the Republic of Bulgaria. This also applies to works and phonograms under art. 71 c, para. 2, in so far as concerns the rightholders who have not been identified or whose whereabouts is not known.
Termination of the status of orphaned work or sound recording
Art. 71. The bearer of rights in a work or sound recording, as orphaned, may at any time terminate this situation, including in the cases under art. 71 c, para. 2, when his rights are affected.
Allowed use of orphan works and Phonograms
Art. 71. (1) the organizations under art. 71 (b), para. 1 may, without the consent of the holder of a copyright or related right and without payment of remuneration using an orphaned work or phonogram, in their funds, such as:
1. provide access to it by the order of art. 18, al. 2, item 10;
2. replicate it in order to digitize it, make accessible, indexed, catalogued, preserved or restored.
(2) the organizations under art. 71 (b), para. 1 can use the orphaned work or sound recording in accordance with para. 1 only in order to achieve their objectives, in particular with preserving, restoring and ensuring access for cultural and educational purposes to the works and sound recordings contained in their funds. These organizations may charge fees for such use, but only to the extent necessary to enable them to cover their costs in the digitisation of orphan works and sound recordings and in the provision of public access to them.
(3) the organizations under art. 71 (b), para. 1 shall ensure that in any uses of orphan works and phonograms, an indication of the names of authors and other rightholders who are identified.
(4) the provisions of this section shall not affect the right of the organizations under art. 71 (b), para. 1 to conclude contracts in the framework of its activities related to the implementation of public purpose.
(5) holders of rights who have terminated the status of orphaned work or other subject-matter of a copyright or related right, shall be entitled to obtain equitable remuneration for the use, carried out in accordance with para. 1 of the organizations under art. 71 (b), para. 1, having their registered office in the Republic of Bulgaria. Remuneration in the first sentence are due for the measures carried out in the five year period preceding the termination status of orphaned work or other subject-matter of a copyright or related right.
Applicability in relation to other laws
Art. 71. This section shall not affect the provisions governing the legal protection of patents for inventions, trademarks, industrial designs, utility models, topographies of integrated circuits, fonts, conditional access, access to electronic communications networks and services, protection of national treasures, deposit requirements, laid down by law, the protection of competition, trade secrets, protection of personal data and the right to privacy, protection of cultural values , access to public information, the law governing the contractual relationship, as well as freedom of expression in the media and freedom of the press. "
§ 2. In the additional provisions § 5e is created:
"§ 5e. This law introduces the requirements of Directive 2013/28/EC of the European Parliament and of the Council of 25 October 2012 on some authorised uses of orphan works (OJ L 299/5 of 27 October 2012). "
§ 3. It creates an annex to art. 71 d, para. 2:
"Annex to art. 71 d, para. 2
List of minimum resources
1. for published books:
a deposit of zakonoustanovenoto) works, library catalogues and lists of forms of names, maintained by libraries and other institutions;
b) associations of publishers and authors;
c) existing databases and registers, WATCH (Writers, Artists and their Copyright Holders – Writers, artists and copyright holders for them), ISBN (International Standard Book Number-international standard book number), and databases for printed books;
d) databases of relevant organisations for collective management of rights, particularly the rights management organizations to reproduce;
e) sources, which combine more number of databases and registers, including the VIAF (Virtual International Authority Files – Virtual forms of international lists of names) and ARROW (Accessible Registries of Rights Information and Orphan Works – Accessible registers with information on orphan works and rights);
2. for newspapers, magazines, and periodicals:
a) ISSN (International Standard Serial Number-international standard serial number) for periodicals;
b) indexes and catalogs of library funds and collections;
the statutory deposit of works);
d) associations of publishers, authors and journalists;
e) databases of relevant organisations for collective management of rights, including the rights management organizations to reproduce;
3. for Visual works, including works from the fields of fine arts, photography, illustration, design, architecture, drawings of the past and other such works, appearing in books, specialized journals, newspapers and magazines, or other works:
(a) under item) the sources 1 and 2;
b) databases of relevant organisations for collective management of rights, in particular of Visual works, including organizations for reproduction rights management;
c) databases of photographic agencies, where appropriate;
4. audiovisual works and sound recordings:
a deposit of zakonoustanovenoto) works;
(b) associations of producers);
c) databases of institutions for the preservation of film or recording heritage and national libraries;
d) databases with the relevant standards and identifiers, such as ISAN (International Standard Audiovisual Number international standard serial number of the audio-visual product) for audio-visual materials, ISWC (International Standard Work Code Music – international standard musical work code) for musical works and the ISRC (International Standard Recording Code – international standard recording code) for phonograms;
e) databases of relevant organisations for collective management of rights, in particular of authors, performers, producers of Phonograms and audiovisual works;
spomognalite names) for the creation of the work faces and other information shown on the packaging of the products;
g) databases of other relevant associations representing specific categories of right holders.
§ 4. The provisions of Chapter 7, section VIII shall apply to all works and sound recordings within the meaning of art. 71 (b), para. 2 who benefit from legal protection to 29 October 2014, or after that date. Rights associated with these objects acquired before that date are preserved.
The law was passed by the National Assembly-43 on 12 February 2015 and is stamped with the official seal of the National Assembly.
President of the National Assembly Tsetska Tsacheva: