New Act amending and supplementing the Copyright and Related Rights Act

On 01.12.2023 in the State Gazette was promulgated the Act on Amendments and Supplements to the Copyright and Related Rights Act , adopted by the 49th National Assembly on 23 November 2023, which transposes into our national legislation the requirements of two European Union directives – Directive (EU) 2019/789 of the European Parliament and of the Council of 17 April 2019 laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organizations and retransmissions of television and radio programs, and amending Council Directive 93/83/EEC and Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC.

The draft of the Аmended Act was prepared on assignment by the Ministry of Culture by the team of Popov, Arnaudov & Partners which includes Att. Emiliyan Arnaudov, Att. Sibina Eftenova, Att. Elisaveta Iotova and Att. Eleonora Sergieva. The engagements of the Law firm’s experts also included participation in working groups, meetings, discussions and correspondence in relation to the draft law, as well as advising on incoming proposals. Att. Emilian Arnaudov also participated in the meetings of the Parliamentary Committee on Culture and Media during the discussion of the Draft Act on the Amendment of the Act on the Culture and Media.

The changes adapt the existing legal framework to new methods of use resulting from new technologies, harmonizing it with the rules in other Member States. For the first time, the direct introduction of TV programs, simulcasting, webcasting, use in content sharing platforms, online rights of press publishers, etc. receive a clear legislative framework. Some of the changes are aimed at stimulating and facilitating research, education and heritage conservation activities. Others address weaknesses and gaps in the legal framework identified over the years. A comprehensive review of the concepts used in the Act has also been carried out, ensuring a uniform approach across the various old and new texts, as well as references from the Broadcasting Act.