Справедливото компенсационно възнаграждение при свободно използване в ЗАПСП
Fair Compensation for Use under Exceptions or Limitations in the Bulgarian Copyright and Neighbouring Rights Act

Author(s): Mehti Melikov
Subject(s): Politics / Political Sciences, Economy, Law, Constitution, Jurisprudence, National Economy, Business Economy / Management, Civil Law, Political Theory, Politics and law, Politics and society, Socio-Economic Research, Sociology of Law
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: Bulgarian copyright act; fair use; fair compensation; exceptions or limitations
Summary/Abstract: The article examines the challenges in overcoming a specific deficit of the Bulgarian Copyright and Neighbouring Rights Act (CNRA), preventing the collection and distribution of compensation fees for authors and publishers of any printed works, in respect of reproductions on paper or any similar medium for non-commercial purposes, under the terms of Art. 25, para. 1, item 1 CNRA. Given the free nature of the use for personal purposes under the statutory rules, it is accepted that the compensatory remuneration should be collected indirectly when it is included in the price of goods or services related to such use. In this context, account should be taken of the fairness of the mechanisms for collecting compensation remuneration and their relationship to the intrinsic nature of the use. Taking into account the nature of compensation remuneration and on the basis of available market data on the nature of the actual use, the article points to ways of finding fair compensation mechanisms and the place of authors and publishers as beneficiaries of such compensation.

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