Copyright holder-authors, co-authors, successors!

Copyright owners: authors, co-authors, heirs.

The AP laws and the neighboring countries' laws state the rights holders. In Copyright, a distinction is made between primary copyright holders and secondary copyright holders. Primary bearers are the persons specified by law (for example, the author of a novel - about the copyright on his novel). Secondary copyright holders are those who have acquired rights - either on the basis of a statutory provision, or on the basis of a contract with the author or an inheritance relationship.

copyright holders under international treaties.

 

1. Subjects of Copyright are the persons to whom the subjective PA belongs to the works. Bulgarian Copyright does not contain restrictions on the nationality of the subjects. Copyright holders can be Bulgarian citizens as well as foreign citizens; both heirs of Bulgarian citizens and heirs of foreign citizens, respectively successors of other legal grounds of Bulgarian and foreign citizens, as well as the Bulgarian state. The rights to a work are acquired on the basis of different legal facts - creation of a work, passage of copyright, inheritance, conclusion of authors' contracts and the like.

2. The Authors as Carriers of Copyright. The most important holders of Copyright are the authors of works of science, art and literature. The author - is the person whose creative work the work was created. The CCPPP puts the focus of creativity on the spot. The author emphasizes that the author is a person - FL. This means that, according to our law, protection is granted only if a work is created by a person. Creator of the work may be any FL regardless of its gender, age, nationality and availability of civilian capacity.

The creative process that results in the work is a de facto action; it is not a legal act, so no civilian capacity is needed. It follows that Law Entities are not authors and therefore can not acquire an original AP. Law Entities may be holders of only derivative, copyright - through a legal transaction, inheritance, in cases where there is an employment relationship with the author-author, and this is expressly provided for by law. That is why ZACPPP refers to other Natural Persons and Law Entities - not authors but holders of copyright.

Copyright occurs as soon as the creative result is expressed in an objective form - a form that enables this result to be perceived by others. Regarding the fact of recognition of a certain person as an author, the form, the purpose and the qualities of the work he has created do not really matter. According to the Bulgarian law, authors are not only the originators of the original works, but also the authors of the so-called derivative works: translations, reprocessing, etc.

3. Protecting the rights of minors and incapacitated authors. The creation of a work of literature, science or art is the role of a JU, which is a legal act, not a bargain. Insofar as factual actions can also be performed by incapacitated persons, the specific subjective APs arise regardless of age and availability. Therefore, the copyright holders of the works they create are the underage and incapable persons themselves. Lawyers conclude contracts on behalf of authors, but they do not assume any obligation under these contracts and are not responsible for the default. A party to the contract is the incapacitated person, and the parents or guardians act on his behalf. Only legally qualified persons may realize their copyrights with the consent of the appointed trustee.

4. Presumption of authorship. The Berne Convention stipulates that in order to protect the author of a particular work as such, it is sufficient that his name be indicated on the work in the usual way. The title of the work shall be deemed to be the person whose name or other identifying mark is indicated on the work in the usual manner, unless the contrary is proved by the author of the work.

5. Authorship of a work disclosed under a pseudonym or anonymously. According to the approach adopted by the LAECPP, if the pseudonym does not cast doubt on the author's personality, the provision of the law shall apply. However, if there is such a doubt or a work is anonymously disclosed, until the disclosure of the author's personality.