How to Settle the Clearance for the Use of Films in Bulgaria
Selection of the work;
Identification of the owners of copyrights, or respectively the persons
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;
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)
NFC, BNT or the
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 ?
• Where to get them from?
• You tube;
• Personal archive;
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.
• “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.
• 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.
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
•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;