Bulgaria has implemented the Ephemeral recordings made by broadcasters (Art. 5.2(d) InfoSoc) exception in Article 24, para 1, p.12 of the Copyright and Neighbouring Rights Law (Член 24, ал.1, т.12 от Закона за авторското право и сродните му права). The national exception is slightly more restrictive than the EU exception.
Implementation summary:
This exception allows for ephemeral recordings of a work by broadcasting organisations, to whom the author has granted the right to use the work, carried out by their own technical devices and for the needs of their own broadcasts within the margins of the granted authorization. The exception also allows for the reproduction for the purpose of preservation of records of important documentary value in official archives.
Implementation details:
Beneficiaries:
- broadcasting organisations
Purposes:
- for the needs of beneficiaries' own programmes
- preservation (of works of important documentary value in official archives)
Usage:
- ephemeral recordings (for the needs of own broadcasts and carried out by own technical devices)
- reproduction (for the purpose of preservation of records of documentary value)
Subject Matter:
- works
- performances
- phonograms
- film fixations
- broadcasts
Compensation:
- no compensation required
Attribution:
- no attribution required
Other Conditions:
- beneficiaries must have rights to use the work granted by its author
- use must be for the needs of beneficiaries' own broadcasts and carried out by own technical devices (for ephemeral recordings)
- use must be limited within the margins of the authorization granted by the author to the broadcaster (for ephemeral recordings)
Introduced/last updated: 01 January 2003
Remarks: Case law available to clarify the scope of the exception in terms of type of usage - reproduction, but not communication to the public and making available to the public. The exception extends to performers (Article 84), phonograms producers (Art. 90), film producers (Art.90v) and broadcasting organisations (Art. 93).
