Bulgaria has implemented the Reporting by the press on current events (Art. 5.3(c) 2nd part InfoSoc) exception in Article 24, para 1, p.6 of the Copyright and Neighbouring Rights Law (Член 24, ал.1, т.6 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 the reproduction by photographic, cinematographic or analogous means, as well as by sound recording or video recording of works related to a current event, in order for those works to be used by the mass media to a limited extent justified by the purposes of the information, indicating the source and author's name, unless this is impossible.

Implementation details:

Beneficiaries:

  • mass media

Purposes:

  • informative purpose

Usage:

  • reproduction by photographic, cinematographic or analogous means, as well as by sound recording or video recording
  • use (by mass media to a limited extent)

Subject Matter:

  • works
  • performances
  • phonograms
  • film fixations

Compensation:

  • no compensation required

Attribution:

  • indicating the source and author's name is required, unless this is impossible

Other Conditions:

  • works used must be related to a current event
  • use must be to a limited extent justified by the purposes of the information

Introduced/last updated: 01 January 2003

Remarks: The exception extends to performers (art. 84), phonograms producers (art. 90) and film producers (art. 90v). It does not apply to broadcast organisations (art. 93). Possible rationale: exclusive rights and short news reports in television broadcasting are regulated in the Radio and Television Act, where most AVMS Directive transpositions are.

According to national case law, the hypothesis of art. 24, para. 1, item 6 of the CNRL applies solely to works related to a current event and for the purpose of informing the public about the same event. It is beyond the scope of the provision to use a work from one event to inform about another event.

The indication of both the source and the name of the author are cumulative conditions for the application of the exception.