Bulgaria has implemented the Illustration for teaching or scientific research (Art. 5.3(a) InfoSoc) exception in Article 24, para 1, p.3 of the Copyright and Neighbouring Rights Law (Член 24, ал.1, т.3 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 the use of parts of published works or a small number of works in other works in a scope necessary for analysis, commentary, or another kind of scientific research. Such use is permissible only for scientific and educational purposes and requires indicating the source and the name of the author, unless impossible.
Implementation details:
Beneficiaries:
- any user
Purposes:
- scientific purposes
- educational purposes
Usage:
- use
Subject Matter:
- published works (parts of or a small number of)
- phonograms (parts of or a small number of)
- film fixations (parts of or a small number of)
- broadcasts (parts of or a small number of)
Compensation:
- no compensation required
Attribution:
- indicating the source and the name of the author required, unless impossible
Other Conditions:
- use allowed within a scope necessary for analysis, commentary or another kind of scientific research
- use allowed within other works
Introduced/last updated: 01 January 2003
Remarks: The exception does not extend to performances. Judicial interpretation available on: - the question of the volume of the use of works in other works, and the purpose and nature of the use (analysis, commentary, or another type of scientific research) - these are factual issues to be resolved by the national court on a case-by-case basis. When the manner and volume of reproduction in question allow the use of the works not only for the purposes of educational activities but also for other activities, such use cannot rely on the exception. - manner of use and purpose of use within the educational exception are not different hypotheses of free use. Conditions stated in art. 24, para 1, item 3 of the Copyright and Neighboring Rights Act is cumulative. Educational purpose of the use is not enough. There has to be an element of analysis, commentary, or another form of scientific research. Thus, including a work in a collection of works or a chrestomathy does not fall under the educational exception notwithstanding the educational purpose of the use.
