Name of law Law amending and 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 10/03/2011 number/year Official Gazette 25/2011 Decree No 52

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 HLI 10 March 2011.

Issued in Sofia on 23 March 2011.

The President of the Republic: Georgi Parvanov

Stamped with the State seal.

Minister of Justice: Margarita Popova

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, 74, 99 and 105 by 2005, issue 29, 30 and 73 in 2006. , PC. 59 since 2007 and St. 12 and 32 from 2009.)

§ 1. In art. 3, al. 1 is hereby amended as follows:

1. Point 6 is replaced by the following:

"6. the realized works of architecture and implemented development plans;".

2. Point 8 is replaced by the following:

"8. the approved architectural projects, approved projects in spatial planning, maps, schemes, plans, and others relating to architecture, spatial planning, geography, topography, Museum work and any area of science and technology;".

§ 2. In art. 12 make the following amendments and additions:

1. The current text becomes paragraph 1.

2. a para. 2:

"(2) the copyright in the work created as a result of the project, belongs to the person who created the architectural project."

§ 3. Article 13 shall be amended as follows:

"Copyright portraits

Art. 13. (1) copyright in a work of fine art or product of photography portrait, representing the image of another person, belongs to the author of the work. To create such a work requires the consent of the person pictured.

(2) Consent under para. 1 is not required where:

1. the image has been made in the course of public business of the person pictured or the public or public place;

2. the image of the person is just a detail in the product, showing the meeting, procession or landscape;

3. the person pictured has received remuneration, to pose, except between the author and the person pictured has been otherwise agreed.

(3) for the use of the product referred to in paragraph 1. 1 between the author and the person pictured can agree terms. "

§ 4. In art. 15, para. 2 the second sentence is created: "to specify the ways of making the changes the owner of a work of architecture may submit a request to the organization under art. 40, which is required to carry out the consultation. "

§ 5. In art. 18, al. 2 the following endorsements are added:

1. In paragraph 8, first sentence, after the word "processing" is added "and" synchronization.

2. In paragraph 11, after the word "export" is added in "third countries".

§ 6. In art. 21 the following modifications are made:

1. the title shall be replaced by the following: "allowed transmission over an electronic communications network".

2. Paragraph 1 shall be amended as follows:

"(1) the authorization to broadcast a work by wireless means and includes permission to proceed on any other electronic communication network and for the provision of electronic access to it by the order of art. 18, al. 2, item 10 of the same organization without payment of separate remuneration, provided that the transfer is made simultaneously with broadcasting, full and unaltered and not go outside the territory, which has ceded the right to broadcast. Separate remuneration is not due in cases where within the permission under the preceding sentence originally broadcast, respectively the electronic access to the work carried out by the other organization, and this is the only way in which it reaches the final consumer. "

3. Paragraph 2 shall be replaced by the following:

"(2) except in the cases referred to in paragraph 1. 1 authorization for retransmission of a work by any other electronic communications networks at the same time as the broadcast or transmission, full and unaltered, from another organization, be given only by the Organization for the collective management of copyright, except in cases where the rights for the transmission of the works are ceded to the providers of media services in accordance with art. 91, para. 5. "

4. in the Al. 3, first sentence, the words "cable operator" shall be replaced by ' the undertaking providing public electronic communications networks and/or services.

5. in the Al. 4, second sentence, the words "cable operators ' shall be replaced by ' enterprises providing public electronic communications networks and/or services.

6. in the Al. 5, first sentence, the words "cable operators ' shall be replaced by" businesses ".

§ 7. In art. 22 the following modifications are made:

1. the title shall be replaced by the following: "allowed broadcast by plugging in an unbroken communications chain."

2. in the Al. 1, second sentence, the words "by wire" shall be replaced by the words "on any kind of electronic communication networks".

§ 8. In art. 24, para. 1 item 15 shall be replaced by the following:

"15. the use of the building, which is a piece of architecture, or the plan of a building for the purpose of reconstruction, carried out in consultation with the Organization of art. 40. "

§ 9. Article 26 shall be amended as follows:

"Remuneration under free use


Art. 26. (1) the authors of works, performers, phonogram producers and producers of the original recording of films and other audiovisual works are entitled to compensatory remuneration when the entries are reproduced for private use under the conditions of art. 25, para. 1, item 2. The right to compensatory remuneration have authors and publishers of any printed works, when these works are reproduced in reprographic method for personal use, under the conditions of art. 25, para. 1, item 1.

(2) any waiver of the right to compensatory remuneration on the part of the holders of rights under paragraph 1. 1 is invalid.

(3) the remuneration referred to in paragraph 1. 1, the first sentence is caused by persons who:

1. produce a blank data media;

2. import from third countries of blank media.

(4) the remuneration referred to in paragraph 1. 1 is due by the persons referred to in para. 3 for the sales carried out within the territory of the country of data media, designed primarily for the reproduction of works for personal use by natural persons under art. 25, para. 1, item 2.

(5) the types of information media, which primarily purpose is reproduction within the meaning of art. 25, para. 1, for which remuneration is payable under paragraph 1. 1, and the amount of remuneration shall be determined annually by the organizations under para. 8, agreed with representative organizations of persons referred to in para. 3 and 4, as well as with other stakeholders. When negotiating the types of media and the amount of fees shall take into account the capacity of the storage media and the extent to which the media are used for reproduction within the meaning of art. 25, para. 1. the amount of the remuneration may not be less than 1.0 percent and higher than the 1.5 percent of the costs in accordance with the accounting standard for accounting for inventories for the blank media. For the persons referred to in para. 3 can provide discounts, such as their size and the conditions under which they may be used shall be determined in accordance with the negotiation of the amount of the basic fee.

(6) in the event that negotiations under para. 5 agreement has been reached between the parties, shall apply mutatis mutandis the provisions of art. 40, al. 6, 7 and 8.

(7) in the event that no agreement is reached between the parties, shall apply mutatis mutandis the provisions of art. 40, al. 9-14.

(8) the remuneration referred to in paragraph 1. 1, first sentence, and under para. 1, second sentence, shall be paid to the various categories of rights for both separate organizations set up under Chapter 7, section Ia of the associations that represent the different categories of rightholders in respect of their right to compensatory remuneration and mechanism to hold solo distribution of these payments between its members. These organisations shall allocate the remuneration between the member associations. 30 percent prior to the distribution of the collected amount shall be deducted and remitted to the account of national fund "Culture". With the payment of the relevant fees referred to in paragraph 1. 1 the first sentence organization, it is considered that the persons referred to in para. 3 have implemented fully their obligations under this article.

(9) the allocation of the amounts recovered between the different categories of holders of rights is performed in the following way:

1. the remuneration referred to in paragraph 1. 1, first sentence:

a) a second – for authors;

(b)) a quarter – for performers;

in one quarter) – for producers;

2. the remuneration referred to in paragraph 1. 1, second sentence:

a) 50 per cent – about the authors;

b) 50 per cent – for publishers.

(10) levies blank media not due and, in the case that have been collected, refundable when: 1. are supplied from the territory of another Member State of the European Union;

2. are supplied from the territory of a third country and has already been charged, without reimbursement, compensatory remuneration for reproduction, analogous to that of art. 25, para. (1) in accordance with the legislation of the Member State of the European Union or a third country;

3. have become the subject of a deal for export to third countries or for supply another Member State of the European Union;

4. purchased in the country of a person who has acquired the right to legally make such recordings and has handled the issue of copyright and related rights associated with the entry;

5. are purchased from suppliers of audio-visual media services/radio services that legally conduct their business;

6. in the country were purchased by producers of films and other audiovisual works;

7. are purchased by hospitals, specialised hospitals for rehabilitation, social institutions and places for serving penalties;

8. are purchased from legal persons, sole traders or persons exercising liberal professions whose activities does not imply their use for reproduction within the meaning of art. 25, para. 1.

(11) in the case where the compensatory royalties have been collected and are subject to return, the facts and circumstances on which is based the right of return should be supported by those who claim it. The requests, together with the proof must be presented to the relevant organizations under para. 8 in terms of the Al. 12. Organizations under para. 8 examine requests within one month of receipt. The amounts subject to return shall be paid by the organizations under para. 8 within one month after the date of approval of the Protocol requests together with the proof.


(12) persons who are required under para. 4 to pay compensatory remuneration shall be obliged within one month after the end of each calendar year to provide the relevant organizations under para. 8 a summary of the types and total purchase value in accordance with the accounting standard for accounting for inventories of the sales of each type of media for which the payment is due. Unable to provide more detailed information than that necessary for the purposes of the distribution of the remuneration referred to in paragraph 1. 1 of the organizations under para. 8. The information may not be disclosed and used other than for the collection and distribution of remuneration. The remuneration shall be paid to producer organisations which collect them within one month following the reference period. "

§ 10. In art. 28 and in the first sentence, after the word "an" insert "for the employer", and the second sentence shall be deleted.

§ 11. In art. 30, para. 1 the word "publication" shall be replaced by "disclosure" and the second sentence: "If it is established within this period the author shall apply the provisions of art. 27. "

§ 12. In chapter six is created art. 34B:

"The protection of works by unknown authors

Art. 34B. For works for which the term of protection is not calculated from the death of the author or authors and which have not been made public within 70 years following their creation, legal protection under this Act is suspended. "

§ 13. Article 35 shall be replaced by the following:

"The consent of the author for the use of the work

Art. 35. The product is used only after the prior consent of the author, except where this Act provides otherwise. "

§ 14. In art. 38 al. 1 shall be amended as follows:

"(1) the author's Remuneration for each mode of exploitation of his product can be defined as part of the revenue derived from the use of the work, as a lump sum or in any other way."

§ 15. After art. 39 creates a name: "Section Ia collective management of rights."

§ 16. In art. 40 following amendments and supplements shall be made:

1. In paragraph 8. 1, after the word "remuneration" a comma and add "arising from those contracts or by prescription of the law".

2. in the Al. 3, second sentence, after the word "allocate" insert "and paid" and the words "its members ' shall be replaced by" rights holders ".

3. Paragraph 4 is replaced by the following:

"(4) any organization referred to in paragraph 1. 1 can receive and distribute and between right holders who are not its members received them for amounts within the categories of rights, usage patterns and the types of works which manage, if it does not conflict with any agreement under art. 40 (b), para. 4 with another organization, and to the extent that some of the rights holders who are not its members, expressly and in writing are not expressed disagreement with this whole or for a specific product. "

4. Al are created. 9 and 10:

"(9) Organizations under para. 1 may not exercise their professional activities in which works are used within the meaning of this Act.

(10) in the cases under art. 40 (b), para. 4, paragraph 1, in which the management of the rights of public performance, broadcasting, transmitting and relay via an electronic communications network and for providing access by electronic means to the works within the meaning of art. 18, al. 2, item 3, 4 and 5, the conclusion of a contract with the organisation, which manages such rights, and the payment of the agreed remuneration under this contract exempt from responsibility under this law the user, both members of this organization, and in respect of all other holders of rights of the same category except those expressly and in writing have expressed disagreement with the organization before this it completely or for certain uses. Such a disagreement shall have effect from the start of the calendar year following the year in which it is made. "

§ 17. Create art. 40A-40 (h):

"Registration and control

Art. 40. (1) the Minister of culture shall supervise the activities of the organizations for the collective management of copyright.

(2) for the implementation of its powers under para. 1 the Minister of culture:

1. carry out the registration of organizations for collective management of copyright, make changes and deleted registration and issue certificates of registration;

2. establish and maintain a public register of organizations for collective management of copyright;

3. exercise control over the activities of collective management organizations;

4. Approves the amount of the charges levied by the organizations for the collective management of copyright;

5. carry out other activities provided for in this Act.

(3) the Minister of culture may delegate his powers under this section authorized by him to the Deputy Minister.

Acquisition of the quality Organization for the collective management of copyright

Art. 40 (b) (1) the business of collective management of copyright is exercised after the registration of the activities of the organization under art. 40, para. 1 in accordance with this law.


(2) the registration under paragraph 1. 1 shall be made upon application by the Al. 1-non profit organization, registered under Bulgarian law, as well as from a foreign organization, registered under a national law in the Member States of the European Union, and in other States – parties to the agreement on the European economic area, created for the purposes referred to in art. 40, para. 1. The application shall be submitted in writing to the Minister of culture on an established model of it to indicate the categories of rights, usage patterns and the types of works for which they will apply the collective management. The application and the attached documents shall be submitted in the Bulgarian language, the application shall be accompanied by: 1. a copy of the decision of the Court for the initial registration, and for non-residents – relevant document;

2. certificate of good standing issued not earlier than one month before the date of filing of the application, (a) for non-residents – relevant document;

3. a certified copy of the identification card or a single identification code BULSTAT, and for non-residents – relevant document;

4. a certified copy of the list of members of the Organization, and for non-residents – relevant document;

5. a statement of the existence of the conditions set out in para. 3;

6. a certified copy of the Charter of the Organization, and for non-residents – relevant document;

7. certified copy of the internal rules for the distribution of art. 40, para. 6;

8. certified copies of treaties on mutual representation with similar foreign organizations if such have been concluded;

9. list of related foreign organizations with which it has concluded mutual representation contracts, with an indication of the period, the territory, the categories of rights, usage patterns and the types of works;

10. certified copy of the agreement referred to in paragraph 1. 4 in cases where it is necessary;

11. a document for paid fee for the examination of the application.

(3) registration takes place when the organization meets the following requirements: 1. is authorized by its members pursuant to written contracts to retreat on their behalf the right to use their works in certain ways and to collect taxes that remuneration in accordance with the agreed on in those contracts or designated by law;

2. use the Administrative Office and there are employees hired under an employment contract, necessary for the management of rights;

3. has computer equipment, licensed software and databases for rights holders and works that allow carrying out the distribution and payment of the remuneration;

4. adopted bylaws, according to which:

(a)) shall be provided for collective management of rights under this law;

b) all persons who are holders of rights, which it intends to manage, can become members;

in the rights management) is not done for profit, and if there are proceeds of ancillary activity, they can only be used to cover the costs of the Organization;

d) sharing revenue after deduction of the costs of the activities of collective management of rights and/or social and cultural funds takes place between holders of rights in accordance with the internal rules for distribution, whether or not members of the Organization;

5. governing its relationship with right holders who are not its members, in relation to the costs of its activity in the collective management of rights and for social and/or cultural funds in the same way as for its members.

(4) the Minister of culture shall carry out registration of the activities of the organization under art. 40, para. 1 for the management of the rights for which have already carried out the registration of another organization that over the past five years has collected, distributed and paid royalties only after presentation of the organisation, which has lodged an application for registration, a written agreement with the holder of the first registration of such rights, respectively, works of the next organization, in cases where the application refers to : 1. the public performance, broadcasting, transmission and retransmission of works in an electronic communications network and the provision of access by electronic means to them within the meaning of art. 18, al. 2, item 3, 4, 5, and 10;

2. the rental or lending of copies of media containing works within the meaning of art. 22 a, para. 1 and 2;

3. resale of original works of art within the meaning of art. 20. (5) the agreement referred to in paragraph 1. 4 only one organization authorized to collect royalties from users in accordance with the approved by the Minister of culture proposed by her size of remuneration, as then she settles accounts with other organizations depending on the representative power that holds each one of them.

(6) where the application does not comply with the requirements under paragraph 1. 2-4, the Organization shall be notified of this, as she is given one month to rectify the irregularities with the indication that, in their neotstranâvaneto production will be terminated.

(7) the request under paragraph 1. 2 and the attached documents shall be examined within three months of their submission, and in the cases referred to in para. 6 – removal of irregularities.

(8) within the period under paragraph 1. 7 the Minister of culture shall carry out registration and issue a certificate or registration order and justified refusing the issue of a certificate, in the cases referred to in para. 11.

(9) the certificates referred to in paragraph 1. 8 are valid and contain:

1. number and date of issue;


2. the name and registered office of the Organization, address, registration data and unified identification code BULSTAT;

3. the categories of rights, usage patterns and the types of works that are addressed by the management.

(10) in the event that there is a change in the circumstances listed in the certificate, or in the circumstances referred to in paragraph 1. 2 and 3, the organisation is required within one month of the occurrence of the change, notify the Minister of culture and/or to request a change in the issued certificate. To submit change request certified copies of relevant documents and document for paid fee.

(11) the Minister of culture refused registration if:

1. the application and the attached documents do not comply with the requirements under paragraph 1. 2-4;

2. the application is submitted before the expiry of 12 months from the issuance of a warrant for refusal of registration of the same organization;

3. in other cases provided for in the law.

(12) the refusal under para. 11 and the refusal of the Minister of culture for making a change in the registration under paragraph 1. 1 can be challenged under the administrative code.

Cancellation of the registration

Art. 40. (1) the Minister of culture with a motivated order deleted the registration:

1. in case of cancellation of registration the organization under art. 40;

2. in the event that the Organization for two years from the date of registration by the procedure of art. 40 (b) is not entitled to relinquish using the works of its members;

3. If the organization refuses to enter into a contract with the user within the framework of the approved amount of the charges levied by it;

4. in the event that the Organization distributes collected royalties in accordance with the requirements of this Act;

5. in the event that the Organization distributes and pay the right holders who are not its members, remuneration with deductions larger than those relating directly to the necessary additional administrative costs for the allocation and payment of outstanding remuneration;

6. in other cases of systematic violations under this section;

7. at the written request of the Organization;

8. the decision of the Court;

9. in other cases of violations of that law.

(2) upon cancellation of the registration in accordance with para. 1 issued certificate is null and void.

(3) the order for cancellation of registration can be appealed pursuant to the administrative code. The appeal of the order does not stop execution.

(4) in the cases referred to in para. 1 the organization is required in the 9-month period of cancellation to allocate and disburse royalties collected by the authors, which publishes messages in a central daily newspaper and on your page on the Internet. The organisation published on your page on the Web and a complete list of authors, which has collected remuneration subject to payment. The amounts in the 12-month period of the deletion have not been paid, the national culture Fund.

Directory of organizations for collective management of copyright

Art. 40. (1) the Ministry of culture maintains a public register of organizations for collective management of copyright. The register shall be published on the website of the Ministry on the Internet and any person may request information for it.

(2) are entered in the register:

1. number and date of the certificate;

2. name, registered office, address, organization, data for legal registration and unified identification code BULSTAT, administrative office, Head Office and address of registration, list of members of the electoral bodies of management, including the nominal composition and representing it;

3. phone number, email address and contact person;

4. the categories of rights, usage patterns and the types of works that are addressed by management;

5. the reason and date of modification of issued certificate;

6. cancellation of the registration;

7. changes in the circumstances referred to in paragraph 2-4.

(3) in the event of a change in circumstances listed in the register the Organization shall notify the Minister of culture for this within 14 days of the occurrence of the change.

(4) the Organization for the collective management of copyrights, publish and maintain your page on the Internet:

1. a list of its members;

2. list of related foreign organizations with which it has concluded mutual representation agreements;

3. a list of the authors who have expressed explicit opposition organization to represent them or to receive royalties from it, and the types of works and the use to which this dissent concerns;

4. a list of authors that are distributed and unclaimed royalties.

Control over the activities of the organizations for the collective management of copyright

Art. 40 (1) by 31 July of the following year, each collective management organization, which is registered under this Act, submit to the Minister of culture, a certified copy of the annual financial statements and report on its activities during the past year, including:

1. review the progress and results of the activities of the Organization for the collective management;

2. a list of incoming students and leavers members;

3. list of related foreign organizations with which they are concluded or terminated contracts of reciprocal representation;

4. a list of the users that had active contracts, with an indication of what types of rights apply;


5. information on the size of the total amount the organization received for collective management of royalties according to usage patterns, the amount of allocated wages according to usage patterns, and for what period relate, the amount of fees paid;

6. the amount that the organization is spending on its activities;

7. the amount that the organization is spending for social and cultural funds;

8. the costs of donations, sponsorships, and other third parties.

 (2) the Minister of culture has the right to request from any registered in accordance with art. 40 (b) Organization for collective copyright management information relating to its activity on the management of rights. In these cases, the Minister of culture shall set a time limit for the submission of the information.

(3) in the case of evidence of any offences under this section the Minister of culture requires an opinion from the Organization for the collective management of copyright and, if necessary, recommends that must be considered by the Minister within the time limit fixed by the deadline. The Organization for the collective management of copyright is required to notify the Minister of culture for the implementation of the recommendations.

(4) in the event that you are found violations under this section by an organization for the collective management of copyrights, registered under this law, the Minister of culture with a motivated order gives mandatory instructions for their removal, set a time limit for this. Collective management organisation shall notify the Minister of culture for the implementation of the guidelines.

(5) upon failure to comply with the compulsory particulars specified in para. 4, registration under art. 40 (b) may be cancelled by the procedure of art. 40 in.

(6) the order under paragraph 1. 4 to give binding instructions for removal of the violation shall be subject to appeal under the administrative code.

Amount of the charges levied by the organizations for the collective management of copyright

Art. 40. (1) Organizations for collective management of copyright, registered by the procedure of art. 40 (b), the fees collected for granting a rights managed by them in sizes laid down pursuant to this Act.

(2) the provisions of para. 1 on remuneration does not apply to the management of the performing rights to the works within the meaning of art. 3, al. 1, item 3.

(3) the amounts of the remuneration referred to in paragraph 1. 1, and their amendment being offered by organizations under para. 1 and approved by order of the Minister of culture in compliance with the requirements of this Act.

(4) the proposals of the organizations for the collective management of copyright for the dimensions of the data collected from these fees must meet the following requirements:

1. to comply with the usage patterns of the works and their importance for the formation of the revenue generated by the use;

2. to treat the users within the same category of equal, except in the cases where it can be demonstrated the need for an exception.

(5) Proposals by al. 3 the size of remuneration and their modification or addition shall be made after prior discussion with the relevant representative organisations of users, where practicable. A representative organization of users is an organization that represents the majority of users of the particular category of rights and for the relevant species.

(6) the establishment of the amounts of remuneration under paragraph 1. 1 and their amendments shall be made after the filing of the written request by the applicant to the Minister of culture in accordance with the model established by it. Shall be annexed:

1. proposal for the size of the remuneration referred to in paragraph 1. 1 or their modifications

and/or additions;

2. the decision of the competent authority of the organization under which the proposal under item 1 is accepted;

3. driven methodology for determining the amount of the proposed remuneration;

4. evidence of preliminary discussion conducted pursuant to para. 5 or for inability to perform;

5. economic justification of proposals;

6. other documents determined in accordance with the requirements of this section;

7. a document for paid fee.

(7) in the event that the application is not accompanied by the documents referred to in para. 6, the Organization for the collective management of copyright shall be notified of this, as she provides a 14-day deadline for elimination of deficiencies in an indication that when their neotstranâvaneto production will be terminated.

(8) where the discussion under para. 5 finish with a written agreement between the parties, a certified copy thereof shall be attached to the application for approval of the proposed dimensions of the remuneration or for their amendment and/or addition together with the documents referred to in para. 6. In this case, the Minister of culture by order approve the rates of remuneration or their amendment and/or addition on the basis of proposals from the organizations referred to in paragraph 1. 1.


(9) When the discussion under para. 5, within three months of the commencement of negotiations ended without agreement between the parties, the Minister of culture shall appoint a five-Member Expert Committee with orders for each case, which shall include one representative of contracting under para. 5 organisations and three experts proposed or approved jointly by both organizations. In case of impossibility to be shown the number of experts in the Commission, supplemented the requisite number of officially by the Minister of culture from the list of mediators under art. 40 g, para. 2, second sentence. In connection with its activities, the Commission may request reports, documents and assistance from government authorities and other persons.

 (10) the Commission under para. 9 sit in full Court and take decisions with a 2/3 majority of its members. The Commission shall examine the application and the attached documents within one month of their submission and shall draw up a reasoned report, signed by all members of the Commission. On the basis of his Minister of culture within one month of the appointment of the Commission under para. 9 by order approve the proposed size of the charges or their amendments or refusing approval.

(11) When the discussion under para. 5 is impracticable, the Minister of culture shall hold public consultations through the publication of the proposals made for the amounts of remuneration and/or their modifications or additions on the website of the Ministry of culture. In the case of a public discussion within 14 days of publication all interested persons may submit reasoned proposals. After the expiry of the time limit for receipt, the Minister of culture shall send them to the organization under paragraph 1. 1, which is the importer of the discussed proposals.

(12) the organization that is the importer of the discussed proposals under para. 11, within 14 days of receipt of the written proposals made in the public consultation, present a reasoned written opinion on them, which is announced on the website of the organization. Within one month of receipt of the opinion of the Minister of culture shall approve the proposed order motivated sizes of salaries and/or their amendments or additions or refusing approval.

(13) the orders of the Minister of culture under para. 8 – 10 and under para. 12 and the reasons thereto shall be published on the website of the Ministry of culture. The established rates of remuneration or their modifications or amendments shall be published on the Internet site of the organization.

(14) until the approval of the amounts of remuneration and their amendments or additions negotiation and payment of the remuneration shall be carried out according to the size of remuneration. In the event that such compensation will not be paid, by agreement between the parties and translating the open from both sides trust (ekskrou) account. The parties deal with the raised funds in accordance with approved scales of remuneration.

Mediation

Art. 40. (1) in a dispute between the organizations for the collective management of copyright and user and/or organization of users regarding the conclusion or performance of a contract between them under this law, any party may submit a proposal to resolve the dispute through mediation.

 (2) the Mediator may be a person who meets the General conditions according to the law on mediation, was entered in the mediators registry to the Minister of Justice and has special knowledge in the field of copyright and related rights. Mediator in disputes under para. 1 may be the only person who is entered in a special list of mediators to the Minister of culture, agreed with the organisations registered under art. 40 (b) and (c) the representative organizations of users.

(3) the mediator starts work after both sides reached agreement in writing about it. Consent must decide the issue of the remuneration of the mediator and the conditions for the payment to him by the parties.

(4) the mediator shall assist in the negotiations and may make proposals to the parties. He could not solve the dispute.

(5) in the event that, in resolving the dispute relating to collective management, the mediator has made a written proposal to the parties and for one month of its receipt, none of them has made a written objection, it is assumed that the proposal is adopted.

(6) the agreement reached in the course of the mediation agreement including in the cases referred to in para. 5, binding on the parties to the dispute and requires them for what they have agreed.

(7) the initiation of mediation may not limit the right of either party to refer the dispute to the Court. Started a mediation procedure stops pending in court to her termination.


(8) the commencement of the mediation procedure shall be without prejudice to the obligation of the user to pay the agreed remuneration for the earlier ceded rights to the exploitation of the work by the Organization for the collective management of copyright. The parties may agree to subject the user deposits the Bank during the procedure, payable under the approved amount of the remuneration to the termination of the proceeding. In the event that an agreement is reached, the deposited amount shall be equal to the amount of the agreed remuneration and shall be paid to the organization by the residue, if any, shall be returned to the user. Upon the termination of the proceeding without reaching a final agreement amount is used to cover the royalties payable.

(9) on all other outstanding in the Al. 1 – 8 questions apply the law on mediation.

Taxi

Art. 40. For the examination of applications for registration, for making changes to the registry and amendment of issued certificate for cancellation of the registration of organizations for collective management of copyright in the cases under art. 40 in, al. 1, item 7 and for consideration of applications for approval of rates of remuneration under art. 40 's and/or their amendments and additions shall be levied in the dimensions specified with the tariff for the fees collected in the system of the Ministry of culture, approved by the Council of Ministers. "

§ 18. After art. 40 (h) creates a name "Section Ib special cases".

§ 19. In art. 41 following amendments and supplements shall be made:

1. the title shall be replaced by the following: "Product, created with an employment or service."

2. in the Al. 1, after the word "employment" shall be inserted "or officially".

3. Paragraph 2 shall be replaced by the following:

"(2) the employer or the appointing authority has exclusive right without authorization of the author and without payment of remuneration, in so far as the contract of employment or in the Act of appointment not otherwise agreed, to use that product created for their own purposes. The employer or the appointing authority may exercise this right in a way and to an extent corresponding to his usual business. "

4. in the Al. 3, first sentence, the word "employment" shall be deleted and the word "remuneration" shall be replaced by "compensation".

§ 20. In art. 58 the following endorsements are added:

1. In paragraph 8. 1, the first sentence after the word "gives" insert "and" in advance.

2. a new paragraph. 2: "(2) contracts, which ceded the right to public performance of works during concerts, be concluded with persons – organizers of the concerts, which provide a place of conducting, technical and other means, the participation of performers and the disclosure of the shows, no matter what's going on."

3. Al are created. 3 and 4:

"(3) the Organizer within the meaning of para. 2 e and any other person who is display as such in promotional materials, press releases, posters, posters, leaflets, etc.

 (4) the organizer of the concert must affix its name, logo or other identifying mark on promotional materials, press releases, posters, brochures, posters, concert tickets, and more. "

§ 21. Article 64 shall be amended as follows:

"Secondary use

Art. 64. The producer can give way to a third party under the assumption of obligations under art. 65 the right to broadcast a work by wireless means or to forward it and relayed via an electronic communications network and providing access by electronic means, to reproduce it on all kinds of media, such as videonositelite, to distribute or to present for public display, which is obliged to notify in writing, within one month, the authors under art. 62, para. unless the law provides otherwise. "

§ 22. In art. 65 following amendments and supplements shall be made:

1. Paragraph 2 shall be replaced by the following:

"(2) the fees for the various types of exploitation of the work due by the users. Remuneration according to the desire of the authors can be obtained by the producer or by the Organization for the collective management of copyright. In the latter case, the producer is required to provide that contracts concluded for exploitation of the work. "

2. a new paragraph. 5:

"(5) Notwithstanding the contract between the authors and the producer, where the work is displayed in public places, in which access is associated with the payment of an entry fee or lump-sum, the authors are entitled to a percentage of the revenue from any such display. Any waiver of such a right of remuneration by the authors is invalid. "

3. the Previous para. 5 and 6 become Al respectively. 6 and 7.

§ 23. In art. 73, the words "film producers" are replaced by "the producers of films and other audiovisual works" and after the words "art. 40 place the Indent "and add" 40 (h) and § 5 of the transitional and final provisions ".

§ 24. In art. 76, para. 1, item 4, after the word "export" is added in "third countries".

§ 25. In art. 82 the second sentence shall be replaced by the following: "the period shall run from 1 January of the year following the year of implementation, but if a fixation of the performance is lawfully published or been disclosed during that period, the period shall run from 1 January of the year following the year of this event, and if both have occurred – than what has occurred earlier."

§ 26. In art. 86, para. 1 the following endorsements are added:

1. In paragraph 2, after the word "export" is added in "third countries".

2. item 5 shall be inserted:

"5. the processing and synchronization of records."

§ 27. In art. 89, fourth sentence, before the word "disclosed" the word "legally" be deleted.

§ 28. In art. 90 a, para. 1 make the following amendments and additions:


1. point 3 shall be replaced by the following:

"3. the public performance and broadcast them by wireless means;".

2. In paragraph 9, after the word "export" is added in "third countries".

3. an item 10:

"10. the processing and synchronization of records."

§ 29. In art. 90 (b) the second sentence shall be replaced by the following: "the period shall run from 1 January of the year following the year of creation of the work, but if the entry has been lawfully published or disclosed during this period, the period shall run from 1 January of the year following the year of this event, and if both have occurred – than what has occurred earlier."

§ 30. In art. 91 following amendments and supplements shall be made:

1. In paragraph 8. 1:

a) in paragraph 1 the word "cable" is replaced by "electronic communications networks";

b) in paragraph 3 the word "cable" is replaced by "other electronic communications network";

in) item 4 shall be inserted:

"4. the public performance of the program."

2. in the Al. 5, the words "cable network" shall be replaced by "electronic communications network".

§ 31. In art. 96 and the following endorsements are added: 1. in the title, after the word "security" is added "or" interim proceedings.

2. in the Al. 1 in the text before paragraph 1, after the word "precautionary" insert "or privremennata".

3. in the Al. 2, after the word "precautionary" insert "or privremennite".

4. in the Al. 3, after the word "Precautionary" insert "or privremennata".

5. in the Al. 4:

a) in the first sentence, after the word "Precautionary" insert "or privremennite";

(b)) in second sentence after the word "Precautionary" insert "or privremennata".

6. in the Al. 5 after the word "precautionary" insert "or privremennite".

7. in the Al. 7, after the word "precautionary" insert "or" for a transitional period.

8. in the Al. 8, after the word "Precautionary" insert "or" for a transitional period.

§ 32. Chapter Twelve shall be "b" with art. 96:

"Chapter twelve" b "

COMPULSORY ADMINISTRATIVE MEASURES

Compulsory administrative measures

Art. 96. (1) for the prevention and cessation of infringements under this law, and to prevent or remedy the harmful consequences or Minister of culture appointed him Deputy Minister has the right:

1. to order in writing to the offender to cease the infringement of this law;

2. to order the offender, in writing, specific measures to remedy the breach within a reasonable period of time;

3. to request the offender to declares that it will cease the infringement of this law and, if necessary, to compel him to make a statement in the public domain;

4. to order the cessation of any breach of this law and, if necessary, to make the order for termination of the infringement in the public domain.

(2) Compulsory administrative measures referred to in paragraph 1. 1 apply with a motivated order of the Minister of culture or authorized by him Deputy Minister. In order to determine the type of compulsory administrative measure as well as an appropriate period in which to furnish proof of its implementation.

(3) the order under paragraph 1. 2 shall be served by registered letter with acknowledgement of receipt or by municipal administration in the permanent address of the person, and for sole traders and legal persons – the seat and address of management in accordance with the judicial, commercial registration, respectively.

(4) the order with which a compulsory administrative measure has been applied, subject to appeal pursuant to the administrative code.

§ 33. In art. 97 following amendments and supplements shall be made:

1. In paragraph 8. 1:

a) point 5 is replaced by the following:

"5. the organised a public live performance or using recording of works, recorded performances, phonograms, the records of the film or other audiovisual work, or parts thereof, as well as a radio or television program or a part thereof;"

(b)) is created item 5 (a):

' 5a. arrange a public presentation of the product; "

c) sections 14, 15 and 16 shall be repealed;

(d)) in the text after the current item 16 the words "three hundred to three thousand" shall be replaced by the words "two thousand to twenty thousand".

2. in the Al. 2, the words "a thousand to five thousand" are replaced by "three thousand to thirty thousand."

3. Paragraph 4 is replaced by the following:

"(4) The Organization for the collective management of rights, which carries out an activity in the collective management of copyright or related rights, without being registered under this Act, or which does not fulfil an obligation or requirement under art. 40 (d), para. 3, art. 40 e, para. 1 and art. 40, having penalty payment in the amount of two thousand to twenty thousand pounds. "

4. Al are created. 10-13:

"(10) a Penalty under subsection. 1 or 2 is required and the person who does not comply with coercive administrative measure applied under art. 96.

(11) the penalty under paragraph 1. 1 or 2 is required and the person who hinders the implementation of a preventive measure or for a transitional period under art. 96.

(12) the penalty under paragraph 1. 1 or 2 is required and the person fails to fulfil its obligation under art. 20 a, para. 6, art. 26, art. 58, para. 4, art. 95 in, al. 3 or under art. 96 a, para. 9.

(13) the penalty under paragraph 1. 1 or 2 and a person who contravenes the prohibition under art. 93 in. "

§ 34. In art. 98, para. 2 create t. 4-6:

4. "give binding orders for the removal of inconsistencies and violations of the law;

5. provide conclusions on the objections in connection with the infringements established;

6. notify the corresponding specialized control body in cases where they consider that there is a violation of another law. "

§ 35. In art. 98 in, al. 4, the words "or decision of the Court of Justice ' shall be deleted.

§ 36. In art. Al 99. 3 shall be amended as follows:


"(3) For works created by nationals of third countries, which have been first published in third countries, the duration of copyright is determined by the relevant foreign law, if it provides for terms of protection that are shorter than in this law."

§ 37. In art. 102, para. 1 the following endorsements are added:

1. After the words "para. 2 "there shall be added" and 3 ".

2. the second sentence shall be inserted: "the duration of protection in such cases continue no longer than the duration of the protection granted in the country of which the rightholder is a national rights, and may not exceed the time limits laid down respectively in article 5. 82, 89, 90 and 92.

§ 38. In § 1, para. 3 of the supplementary provisions, the words "Withdrawing in favour of the State" shall be replaced by "Destroying".

§ 39. In § 2 of the supplementary provisions the following amendments and supplements: 1. In paragraph 2 the word "videos" is replaced by "recordings of films and other audiovisual works".

2. In paragraph 6, the words "cable operators ' shall be replaced by ' establishments, which carry out publicly available electronic communications services via an electronic communications network for the distribution of Bulgarian or foreign radio or television programs.

3. In paragraph 7, the word "overwrite" is deleted.

4. Point 9 is replaced by the following: "9." works of architecture are projects of buildings and constructions, development plans and schemes established in accordance with the legislation in force, buildings and other facilities and elements of them, permanent sites of synthesis of architecture with other arts, as well as layouts of interiors of a lasting nature, registered by the organisation under art. 40; ".

5. item 9 shall be (a) and 9 (b):

"9A." processing of an architectural project is the adaptation or using it to create a new project and the introduction into it of any changes;

9B. "processing of a work of architecture is its extension, upgrade, realignment and changing its purpose;".

6. In paragraph 16, point (b), after the word "using" all the way, the text is deleted.

7. Create t. 18, 19 and 20:

"18." processing of product "is the amendment with a view to the creation of a new derivative of it products, including its adaptation to another genre, as well as the introduction of any changes to it;

 19. "third countries" means countries that are not Member States of the European Union, or are not a member country of the European economic area agreement;

 20. "media" are standalone media intended mainly on them to be stored objects of copyright and related rights and enabling by means of appropriate technical means these objects to be then perceived auditory or Visual. "

§ 40. Paragraph 3 of the supplementary provisions shall be amended as follows:

„§ 3. The § 2 definitions shall apply accordingly to objects of art. 72 and in chapter eleven "and". "

§ 41. In § 5 of the supplementary provisions shall make the following additions:

1. In paragraph 8. 1, after the word "Phonograms" is a comma and add "entries of films and other audiovisual works".

2. in the Al. 2, after the word "associations" is a comma and add "under the conditions of art. 40. "

Transitional and final provisions

§ 42. (1) organizations for collective management of copyright or related rights that until the entry into force of this law have been registered in the Ministry of culture by the procedure of art. 40 and in the period after 1 January 2005 are met and spread over izplaŝali remuneration for rights holders, shall submit an application to re-register under the procedure under art. 40 (b), para. 2 within three months of the entry into force of this law. The application shall be accompanied by the documents referred to in art. 40 (b), para. 2, item 2-11 and under art. 40 e, para. 1, item 1, 3, 4 and 5.

(2) Organizations under para. 1 shall continue in Office until issuance of a certificate of registration or refusal of registration. Organizations registered under art. 40 for the collection of compensation payments in accordance with art. 26, apply for registration together with the documents referred to in paragraph 1. 1, the second sentence in the Al. 1 without suspended its activities.

(3) organizations for collective management of copyright or related rights that until the entry into force of this law have been registered in the Ministry of culture pursuant to art. 40 and do not meet the requirements of para. 1, first sentence, suspended its activities on collective management of copyright and related rights from the date of entry into force of this law. In these cases, art. 40 in, al. 4 shall apply accordingly.

§ 43. Organizations for collective management of rights, which have been registered pursuant to § 42, submitted for approval to the Minister of culture, a proposal for the size of the remuneration collected by them, under art. 40 is within two months from the receipt of the certificate of registration.

§ 44. Minister of culture within one month from the entry into force of this law establishes the register under art. 40.

§ 45. Agreed between the organizations for the collective management of rights and users fees prior to the relevant remuneration size validation by the procedure of art. 40 's can not be disputed is that it is not based on the size of the fees established pursuant to this Act.

§ 46. In the law on administrative regulation of the production and trade of optical discs, matrices and other media containing objects of copyright and related rights (official SG. 74 2005; amend., SG. 105 by 2005, issue 30, 34 and 80 of 2006 and 53/84 of 2007 and 82/2009) is hereby amended as follows :


1. In art. 8, al. 2 items 1 and 3 are deleted.

2. In art. 15, para. 2:

a) in paragraph 1 the figure "2", the text to the end shall be deleted;

b) point 4 shall be replaced by the following:

"4. a document certifying that the person is registered under the laws of a Member State of the European Union or of another State party to the agreement on the European economic area, accompanied with proper translation if the original is not in the Bulgarian language;".

3. In art. 20, para. 2 item 3 shall be replaced by the following:

"3. a certified copy of the certificate of good standing issued by the competent court-for non-profit organizations, and for marketers – a document certifying that the person is registered under the laws of a Member State of the European Union or of another State party to the agreement on the European economic area, accompanied with proper translation if the original is not of Bulgarian language".

4. In art. 27, al. 1, item 2 and art. 28, para. 1, item 2, the words "registration number in the tax-insurance procedure code" are deleted.

§ 47. In the law for the protection and development of culture (official SG. 50 of 1999; amend., no. 1 of 2000 No. 34 of 2001, 75/2002, no. 55 in 2004, no. 28, 74, 93, 99 and 103 of 2005, no. 21, 41 and 106 from 2006, 84/2007, no. 19 , 42 and 74 from 2009, PCs. 13, 50 and 97 from 2010) in art. 31, para. 1 item 4 shall be amended as follows:

"4. the amounts referred to in art. 26, al. 8, second sentence, of the Act on copyright and related rights; ".

§ 48. The law shall enter into force on the day of its publication in the Official Gazette.

The law was adopted by 41-Otto National Assembly on 10 March 2011 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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