Law Amending And Supplementing The Law On Copyright And Related Rights

Original Language Title: Закон за изменение и допълнение на Закона за авторското право и сродните му права

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Name of law Law amending and supplementing the law on copyright and related rights bill name WALL of the law on copyright and related rights date of acceptance 28/02/2014 number/year Official Gazette 21/2014 Decree No 43

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law amending and supplementing the law on copyright and related rights, adopted by the National Assembly of the HLIÌ 28 February 2014.

Issued in Sofia on March 5, 2014.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Zinaida Zlatanova

LAW

amending and 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 and 74 by 2005, issue 99 and 105 by 2005, issue 29, 30 and 73 in 2006. , PC. 59 since 2007, PCs. 12 and 32 from 2009, PCs. 25 of 2011.)

§ 1. In art. 4, paragraph 1, after the word "governance" a comma and add "acts of the courts".

§ 2. In art. 27 creating al. 3:

"(3) in the musical works with texts and works on Al muzikalnodramatični period. 1 expires seventy years after the death of the deceased later from the author of music and the author of the text, whether or not these persons are designated as co-authors, provided that the text and the music have been designed to be used together. "

§ 3. In art. 40 the following amendments and supplements: 1. Create a new para. 3, 4 and 5:

(3) Authors may freely choose who or what organizations for collective management of rights to become members by providing them with their rights management.

(4) the Organization for the collective management of rights may retreat only user rights that were explicitly assigned for control from its members or from similar organizations from abroad, with which it has concluded mutual representation agreements and their articles, or entrusted for management under agreements under art. 40 (b), para. 4 and 5. She may retreat to the user rights of a person who is not a member and has not ovlastilo to act on his behalf pursuant to such contract for reciprocal representation agreement or only in the cases provided for in this Act.

(5) the Organization for the collective management of rights may retreat only user rights within the categories of rights, usage patterns and the types of works that established her in a certificate issued under art. 40 (b), para. 9. "

2. the Previous para. 3, 4, 5, 6 and 7 shall become al. 6, 7, 8, 9 and 10.

3. The current paragraph. 8 it al. 11 and shall be amended as follows:

"(11) in cases in which this law provides for the granting of the consent of the authors only through the Organization for the collective management of rights, each of the organizations that manage the rights legally, may also act on behalf of the authors who are not its members, non-members of similar organizations from abroad, with which it has concluded mutual representation agreements, as well as non-members of organizations with which it has concluded agreements referred to in art. 40 (b), para. 4 and 5, in so far as some of them have expressed a written disagreement with it. In these cases, the Organization for the collective management of rights must settle its relations with each of the authors represented in the same way as for its members. "

4. the Previous para. 9 and 10 Al become respectively. 12 and 13.

§ 4. In art. 40 (b) make the following amendments and additions:

1. In paragraph 8. 2:

a) in point 7, the words "para. 6 ' shall be replaced by "para. 7 ";

b) point 10 shall be replaced by the following: 10. a certified copy of the agreement referred to in paragraph 1. 4 in cases where there is registered or re-registered organization for the same category of rights, for the same types of works and other objects of protection, as well as the same uses; ".

2. in the Al. 4 in the text before paragraph 1, after the words "carried out" registration or re-registration "shall be added after the words" registration "shall be inserted" or re-registration "and after the word" register "shall be inserted" or re-registration ".

3. in the Al. 5 creates the second sentence: "the priority of the applications in the light of the requirements of para. 4 shall be determined according to the date of first registration of the Organization in the Ministry of culture. "

4. a new para. 6:

"(6) in the event that interested organisations for collective management of rights fail to reach written agreement within the meaning of para. 4 and 5, each of them may request settlement of the dispute by the procedure of art. 40 g. the other party could not refuse mediation. "

5. The current paragraph. 6 it al. 7.

6. The current paragraph. 7 it al. 8 and in her words "para. 6 ' shall be replaced by "para. 7. "

7. The current paragraph. 8 it al. 9 and in her words "para. 7 ' shall be replaced by "para. 8 "and the words" para. 11 "shall be replaced by" para. 12. "

8. The current paragraph. 9 it al. 10 and in her words "para. 8 "are replaced by" para. 9. "

9. the Previous para. 10 and 11 shall become paragraph 11 and 12.

10. The current paragraph. 12 it al. 13 and in her words "para. 11 "shall be replaced by" para. 12. "

§ 5. In art. 40 (d), para. 2 creating item 4 (a):

' 4A. the related foreign organizations with which contracts have been concluded for mutual representation, with an indication of the categories of rights, types of works and other objects of protection, as well as ways of use and for the reciprocal representation contracts – and the term and territory for which organizations are ceded rights to collective management; ".

§ 6. In art. 40 e, para. 1 item 2 and 3 be amended as: "2. the list of incoming students and leavers members as well as the categories of works and rights, the types of uses to which new members have retreated to the Organisation for collective rights management;

3. list of related foreign organizations with which they are concluded or terminated contracts of reciprocal representation, with an indication of the period, the territory, the categories of rights, usage patterns, types of works and other objects of protection covered by the contracts concluded for mutual representation; ".

§ 7. In art. 58, para. 1, second sentence, add "(a) in the cases referred to in para. 2 – and accurate statement of income of gigs ".

§ 8. In art. 76 al. 2 shall be replaced by the following: "(2) the rights under paragraph 1. 1 you step back from the artist-performer for remuneration by a separate written agreement. Remuneration can be arranged as part of the revenue or otherwise. "

§ 9. In art. 77 following amendments and supplements shall be made:

1. the title shall be replaced by the following: "Secondary use of phonograms".

2. The current text becomes paragraph 1.

3. a para. 2:

"(2) where the artist-performer is entitled to remuneration in the form of periodic payments after the fiftieth year of the legal publication of the phonogram or if it has not been published-after the fiftieth year of its lawful communication to the public, of the payments cannot be deducted any amounts paid in advance and any deductions laid down in the contract concluded before the end of the fiftieth year of the legal publication communication to the public, respectively, of the sound recording. "

4. a para. 3:

"(3) in the event that 50 years after lawful publication of the phonogram or if it has been published – fifty years after its lawful communication to the public, the producer of the phonogram is not offering a sufficient number of copies of the phonogram for sale or not offered by wireless means or by wire access to an unlimited number of persons access to the phonogram in such a way that this access be carried out from a place and at a time individually chosen by each of them, the artist-performer may terminate the contract under which has given way to the producer the right to use the sound recording. This option can be exercised, if the producer does not carry out any of the acts of use of the phonogram referred to in the first sentence, within one year of receipt of the notification of the artist-performer of his intention to terminate the contract. The refusal on the part of the performer from the right to request such termination is invalid. "

§ 10. Art is created. 77A:

"Additional consideration

Art. 77. (1) in the event that the contract, with which an artist has given way to the producer the right to use the sound recording with his performance, provided for remuneration to be paid not in the form of periodic payments, the artist-performer is entitled to receive an additional annual remuneration from the producer for each full calendar year after the fiftieth year of the legal publication of the phonogram or if it has not been published-after the fiftieth year of its lawful communication to the public. The refusal on the part of the performer from the right to receive additional remuneration is void.

(2) the total amount of the additional annual remuneration for one year, which the producer due to the performer in accordance with para. 1 corresponds to 20 percent of the revenue received by the producer during the year preceding the year for which the additional annual remuneration is paid. The producer shall be obliged upon request once a year to provide the relevant organization for the collective management of the rights of performers and the performers, who are entitled to extra remuneration pursuant to para. 1, the information required for payment of this fee.

(3) Additional remuneration under paragraph 1. 1 is collected, distributed and paid only through a collecting society.


(4) the Income of the producer within the meaning of para. 2 revenue resulting from the reproduction and dissemination of the entry, as well as the supply by wireless means or by wire of an unlimited number of persons access to the record or to part of it in such a way that this access be carried out from a place and at a time individually chosen by each of them, obtained by the producer before deducting the costs. "

§ 11. Article 82 shall be replaced by the following:

Duration

Art. 82. (1) the rights of performers are still fifty years after the date of implementation.

(2) in the event that the performance was made a record that is different from the sound recording and is lawfully published or lawfully communicated to the public within the period referred to in paragraph 1. 1, the duration of the entitlement lasts fifty years from the date of this event, and if there have been both events – from the earlier of the two dates.

(3) in the event that the performance was made a sound that has been lawfully published or lawfully communicated to the public within the period referred to in paragraph 1. 1, the duration of the entitlement lasts seventy years from the date of this event, and if there have been both events – from the earlier of the two dates.

(4) the time limits referred to in para. 1, 2 and 3 shall run from 1 January of the year following that in which the event occurred, which gives rise to them. "

§ 12. In art. 84 after the number "37" a comma and add "42".

§ 13. Article 89 shall be amended as follows:

Duration

Art. 89. (1) the rights of phonogram producers last fifty years after the date of implementation of the entry.

(2) if the phonogram has been lawfully published within the period referred to in paragraph 1. 1, the duration of the entitlement lasts seventy years of this event. If the phonogram has not been lawfully published, but has been lawfully communicated to the public within the period referred to in paragraph 1. 1, the duration of the entitlement lasts seventy years after the date of such communication.

(3) the time limits referred to in para. 1 and 2 shall run from 1 January of the year following that in which the event occurred, which causes them.

(4) in the event that the contract between the producer of a phonogram and the performers involved in the record keeping by the procedure of art. 77, para. 3, the right of the producer on this record shall terminate from the moment of the termination of the contract with the artist-artist. "

§ 14. In art. 90 (b), second sentence, the words "following the year of creation of the work" shall be replaced by "in which the entry was made," and the word "broadcast" is replaced by "lawfully communicated to the public".

§ 15. In art. 91, para. 1, item 4 Finally adds "if it is made in places accessible to the public against payment of an entrance fee".

§ 16. In art. 95 and the following modifications are made:

1. In paragraph 8. 1, item 1, the words "para. 7 ' shall be replaced by "para. 8. "

2. paragraph 2 is replaced by the following:

(2) Organizations under para. 1 can claim and to request imposition of the measures only on the occasion of the rights entrusted to them for Administration, respectively. Organizations under para. 1, item 1, where a claim or want the imposition of measures should not establish individual rights management protection, respectively, entrusted to them by their members and by similar organizations from abroad, which have concluded mutual representation of their members. In these cases, the provision of art. 26, al. 4 of the code of civil procedure shall not apply. "

§ 17. In art. 97, para. 4, after the words "the requirement" is added "art. 40, para. 4, 5 and 11 "and a comma.

§ 18. In the additional provisions the following endorsements are added:

1. § 2 creates item 5 (a):

"5a." communication to the public "is the sending of the performance to the public by any means without broadcast wirelessly in a manner enabling the audience to listen to and/or watch;".

2. § 5 shall be inserted:

"§ 5 d. This law introduces the requirements of Directive 2011/77/EC of the European Parliament and of the Council of 27 September 2011, amending Directive 2006/116/EC on the term of protection of copyright and certain related rights (OJ L 268/1 of 11 October 2011). "

Transitional provisions

§ 19. (1) the provision of art. 27, al. 3 be applied to musical works with texts and for muzikalnodramatični works, in which on 1 November 2013, music or text, or both be protected in at least one Member State of the European Union, as well as those created after that date, the rights acquired by third parties prior to November 1, 2013, in connection with the use of these works are retained.

(2) the provisions of art. 77, 77A, 82 and 89 shall also apply to the recorded performances and the sound recordings in respect of which the rights of performers and producers have been in force on November 1, 2013, and the performances and Phonograms Treaty, made after that date.

§ 20. The provisions of art. 40 (b) shall also apply to all pending proceedings for registration, re-registration, respectively.

§ 21. (1) Contracts providing for the assignment of the right to use the performance by the procedure of art. 76, concluded before 1 November 2013 shall continue to be in force after the moment at which, in accordance with the previous article. 82 performer rights cease to benefit from legal protection, unless the contract contains an explicit clear indications to the contrary.

(2) contracts for the transfer or assignment of the rights to which the contractor is entitled to periodic payments, concluded before 1 November 2013, may be amended by mutual agreement of the parties after the fiftieth year of the legal publication of the phonogram, or if he has not been published-after the fiftieth year of its lawful communication to the public.

§ 22. Organizations entered in the register under art. 40 (d) until the entry into force of this Act shall submit within three months of its entry into force date information under art. 40 (d), para. 2, item 4 (a) and in art. 40 e, para. 1, 2 and 3.

§ 23. Organizations for collective management of copyright or related rights, which will continue its activities on the basis of § 42, para. 2 of the transitional and concluding provisions of the law amending and supplementing the law on copyright and related rights (SG. 25 of 2011) without a certificate of registration or outside the scope of the resulting registration, suspended its work from the date of entry into force of this law.

The law was adopted by the 42nd National Assembly on 28 February 2014 and is stamped with the official seal of the National Assembly.

President of the National Assembly: Mihail Mikov

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