How to Settle the Clearance for the Use of Films in Bulgaria


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How to Settle the Clearance for the Use of Films in Bulgaria

  1. 1. FILMAUTOR Association 19.03.2013
  2. 2.  Selection of the work;  Identification of the owners of copyrights, or respectively the persons representing them:  Key item shall be the year of creation;  As a rule copyrights over old Bulgarian films (created before 1993) are granted to FILMAUTOR, while producer rights - to NFC or BNT.  Defining the type of use (Article 18, Paragraph 2 of Bulgarian Copyright and Neighbouring Rights Act (BCNRA);  Granting a permission for the respective use ;  Contracting the conditions of use;  Payment of compensations;
  3. 3. or Their heirs
  4. 4. A performing artist is a person who presents, sings, plays, dances, recites, acts, directs, conducts, comments upon, dubs into another language, or performs in another manner a work, circus or variety show number, an item in a puppet show, or a folkloric work. (Article 74 of BSNRA) A producer of an audiovisual work shall be a natural or a legal person who shall organize the production of the work and shall provide its financing. (pursuant to Article 62, Paragraph 3 of BSNRA)
  5. 5. FILMAUTOR or the Independent Producers ARTISTAUTOR or the Independent Producers NFC, BNT or the Independent Producers
  6. 6. FILMAUTOR or the Independent Producers MUSICAUTOR NFC, BNT or the Independent Producers ARTISTAUTOR or the Independent Producers
  7. 7. They negotiate with users and contract the use of their repertoire, collect and distribute the collected compensations to the proprietors of rights whom they represent as well as to proprietors of rights who are not members of the association, provided the latter have not explicitly prohibited that; They distribute collected compensations on the basis of statements of accounts submitted by the users themselves, as they namely decide which objects to use and in compliance with rules approved by the owners of rights, members of the association; They distribute the compensations after a deduction of amounts needed for administrative costs. HOW DO THEY FUNCTION ?
  8. 8. • Filmautor – www. • Musicautor – • Artistautor-
  9. 9. • Where to get them from? • You tube; • Personal archive;
  10. 10. o Giving for use a work by means permitting the access to occur from any place and at any time individually chosen by each one of the persons, shall be an act that cannot be performed without the permission of the copyright owner. o This act is not equivalent of the notions “reproduction of the work”, “public performance of the work”, “wireless broadcasting of the work” and “cable transmission of the work”. Granting of any of these rights, together or separately, does not entitle to broadcasting over the Net unless this is explicitly stated in the Contract with the author. o This right shall be exercised in the same way as the other copyrights - under individual contracts or through organizations for collective management of copyrights. o Content provider – the person who is liable for the work to be accessible by the public transmitted by wireless or cable networks like Internet; bears the liability over the rights; o Service provider – the person who provides technical assistance to make the content accessible for the public. He is not liable over the rights.
  11. 11. • “Downloading” - activities related to downloading from Internet, i.e. the work is reproduced on material carrier at its receiving, i.e. on the computer hard disc. • ”Webcasting” – simultaneous access to content source by many users excluding the possibility to download. It is also known as broadcasting over the Internet. • ”Streaming” – analogical form of webcasting. Typical examples of streaming – radio and TV programmes. Usually no possibility to download exists. • Non- streaming services - for books, video, audio СD. • “Simulcasting” – access to content for standard use, which is simultaneously broadcasted on the Internet No possibility for downloading. • “On demand” – access to works on demand.
  12. 12. • Rights should be cleared, irrespective whether the organization is of: - Free film shows; - Events with no entrance fee; - Events of non-commercial nature; - Free internet sites • The event should require: - Granted permission and - Negotiated conditions that make it possible.
  13. 13. Article 24. (1) No permission from the author and no compensation shall be due in the case of: •Item 8. public presentation or performance of published works in educational institutions or other educational establishments if this does not involve the collection of revenues and if the participants in the preparatory work and the actual public performance do not receive compensation; •Item 9. reproduction of already published works by generally accessible libraries, training and educational institutions, museums, and archives for educational purposes or to ensure the preservation of the work inasmuch as such action is not undertaken for profit; •Item 11. providing access to natural persons to works that belong to collections of organizations as described in item 9 if this is done for scientific purposes and not for profit;
  14. 14. FILMAUTOR Association 02/9873234 02/9801932