Bulgaria has implemented the Use of works of architecture or sculptures in public spaces (Art. 5.3(h) InfoSoc) exception in Article 24, para 1, p.7 of the Copyright and Neighbouring Rights Law (Член 24, ал.1, т.7 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 use (by means other than mechanical contact copying) of works, permanently exhibited on streets, squares and other public places, as well as wireless broadcasting or transmitting by cable or other technical devices, if done with informatory or other non-commercial purposes.

Implementation details:

Beneficiaries:

• any user

Purposes:

• informatory purpose
• other non-commercial purposes

Usage:

• any use
• wireless broadcasting or cable transsmition

Subject Matter:

• works

Compensation:

• no compensation required

Attribution:

• no attribution required

Other Conditions:

• allowed use does not cover mechanical contact copying
• works must be permanently exhibited on streets, squares, and other public places

Introduced/last updated: 01 January 2003

Remarks: The exception does not extend to related rights. The little case law available applies an extremely broad interpretation of the non-commercial requirement, thus effectively rendering the exception useless.