Is „copy“ the same as „right“?
Depends on the individual case, say the lawyers, and (usually) they are right.
We advise and represent foreign companies, developers and authors in copyright matters in Bulgaria: disputes over content, works created by employees and contractors, and unauthorised use of your content. Many international IT companies have offices or development teams in Bulgaria, and Bulgarian copyright law does not always work the way their home law does. We work in English, German and Bulgarian.
When foreign clients need a copyright lawyer in Bulgaria
| Situation | What we do |
|---|---|
| Content disputes | You and a Bulgarian subsidiary, partner or contractor disagree over who owns or may use a text, image, video, software or design. We analyse the contracts and the facts and negotiate or litigate. |
| Employees and contractors | Works created by staff or freelancers in Bulgaria: who holds the rights under Bulgarian law, and what your contracts must say to secure them. |
| Unauthorised use | Your content is copied or used in Bulgaria without permission: cease-and-desist letters, notices to platforms, interim measures and court actions. |
| Defence | You are accused of infringement in Bulgaria: we assess the claim, respond, negotiate and defend you in court. |
| Photographs and licences | Permitted and unpermitted use of photographs, and the application of licences such as Creative Commons. |
| Contracts | Licence, assignment and development agreements with Bulgarian partners, drafted or reviewed under Bulgarian law. |
Works created by employees and contractors
A „work made for hire“ clause from your home jurisdiction may not have the effect you expect in Bulgaria. Under the Bulgarian Copyright and Related Rights Act, the copyright in a work created in the course of an employment relationship belongs, as a rule, to the author and not to the employer (Art. 41(1)). The employer may use the work for its own purposes without the author’s permission and without extra payment, within its usual activity, unless the employment contract provides otherwise (Art. 41(2)).
Computer programmes and databases created in employment are treated differently: unless agreed otherwise, the copyright belongs to the employer (Art. 14). For commissioned works, the copyright belongs to the author unless the commissioning contract provides otherwise (Art. 42(1)). Some moral rights cannot be transferred at all, and the others only expressly and in writing (Art. 16).
We review your employment, contractor and development agreements for Bulgaria and tell you what to change so that the rights you need are actually yours.
Unauthorised use of your content in Bulgaria
If your texts, images, software or other content are used in Bulgaria without permission, the first step is to secure evidence of the use and of your rights. Then we choose the proportionate route: a letter to the infringer, a notice to the platform or hosting provider, interim measures, or a court action for cessation and damages. The outcome depends on the evidence and cannot be guaranteed.
Defence against claims
We also represent defendants. If you have received a demand letter or a claim in Bulgaria, for example over a photograph on your website, we check whether the claimant proves its rights, whether a licence applies and what your realistic exposure is, before you answer or pay.
Photographs and Creative Commons
Creative Commons licences allow use only on their conditions, such as attribution or a ban on commercial use or modification, and the conditions differ between licence versions. Use that does not meet the conditions may fall outside the licence. We check which licence applies and whether its conditions were met.
How to start
Send us a short description of the matter, the contracts involved and the content concerned. We confirm our fee in writing before we start.
FAQ
1. Does my company own what our Bulgarian employees create?
Not automatically. For most works the copyright belongs to the author, with a right of use for the employer. Software and databases created in employment are the main exception, and even there the contract can provide otherwise.
2. Is copyright registration required in Bulgaria?
No. Copyright arises with the creation of the work. Evidence of authorship and of the date of creation is still important in a dispute.
3. Can you act for us if our dispute is with our own Bulgarian office?
Yes, provided there is no conflict of interest. We first confirm whom we represent and in what capacity.
4. Can you work in English or German?
Yes. Communication, advice and drafts can be entirely in English or German; court documents in Bulgaria are in Bulgarian.
Contact
Write to us at info@reguligence.com with a short description of the matter.