Publishing Legislation Online Project (PLOP)

Excerpts Of Texts From Laws Relevant To The Book Sector Translated Into English

Freedom to publish

The Constitution

Art.39

/1/ Every one shall be entitled to express an opinion or to publicize it through words, written or oral, sound or image, or in any other way.

Art.40

/1/ The press and the other mass information media shall be free and shall not be subject to censorship.

Art.54

/2/ Artistic, scientific and technological creativity shall be recognized and guaranteed by the law.

/3/ The state shall protect all inventor’s rights, copyrights and neighboring rights.

Limits of freedom to publish

The Constitution

Art.39

/2/ This right (of expressing one’s opinion) shall not be used to the detriment of the rights and reputation of others, or for the incitement of a forcible change of the constitutionally established order, the preparation of a crime, or the incitement of enmity or violence against anyone.

Art.40

/2/ An injunction on or a confiscation of printed matter or another information medium shall be allowed only through an act of the judicial authorities in the case of an encroachment on public decency or incitement of a forcible change of the constitutionally established order, the preparation of a crime, or the incitement of violence against anyone. An injunction suspension shall lose force if not followed by a confiscation within 24 hours.

Preconditions for regular operation in the book sector

The Commercial Act

Art.1

A trader, according to this Act is every natural or legal person doing one of the following transactions:

1. Buying goods or other matters in order to sell them.
2. Sale of goods of own make.

1. Licensing deals.

1. Deals with intellectual property.

Art.3

Every trader should ask to be registered into the Commercial Register.

Obligations of publishers

Decree 1367/1976 for Compulsory Submission of Printed and Other Materials

Art.1

/1/ The state institutions and other organizations publishing in Bulgaria or abroad printed matter, .., should submit a certain number of them free to the listed in this Decree institutions.

…/3/ The printed matter could not be distributed before fulfilling this obligation.

Regulations for the Implementation of Decree 1367/1976

Art.5

The number of copies of printed matter that has to be submitted to the National library “St. St. Ciril and Methodyus” is 20, except:

1/ if the total print is up to 100 copies - 3 copies;

if the total print is up to 300 copies - 6 copies;

Art.9

The copies for the National Library should be allocated from the first copies of the total print and should be submitted right after the printing or within two weeks.

Art.17

/1/ The publishers should submit to the National Library monthly reports on execution of their subject plans within the first 5 days of every month.

/2/ The National Library receives from the Committee for press complete lists of allowed periodical press - newspapers, magazines, bulletins, etc.

Taxes

Value Added Tax Act

Art.33

Under the terms of his Act the deals listed in Art.34 - 52 are not liable to Value Added Tax.

Art.52

The deal with cultural valuables according to his Act is the deal whose recipient or deliverer is: museum, art gallery and library, subsidized by the State or the local authorities.

Art.53

The rate is 20% for every deal including import of goods, except in the cases specifically mentioned by this Act.

Import customs

Regulations for the implementation of the Customs Act

Art. 704

Objects with educational, scientific and cultural character listed in attachment 65 could be imported duty-free no matter of their recipient or the aims of their use.

Attachment 65

.., books, .., other printed matters,….

Favors from government

Rules of structure and work of the National Center of the Book

Art.20

The National Center of the Book announces every year in the mass media or in other appropriate way the conditions for applying for a state subsidy.

Art. 21

The National Center of the Book supports nonprofitable publications with total print up to 5000 copies and long-lasting period of sale.

Art.22

Every professional publisher registered in Bulgaria could apply for a state subsidy.

Copyright

Copyright and Neighboring Rights Act

Art.10

Copyright over periodical press shall belong to the natural or legal person responsible for the creation and publishing of the publication. Copyright over individual components included in such publications having the nature of literary, artistic or scientific works, shall belong to their individual authors.

Art.27

Copyright shall be protected for author’s lifelength and 50 years after his death.

Art. 47

Unless provided for otherwise in the publishing contract, it shall be assumed that:

1. the publisher has been granted rights for one printing only;

2. the publisher has been granted the right to publish the work in a circulation of no less than three thousand copies, and not exceeding ten thousand copies;

3. compensation to the amount of 15% of the retail price of each sold copy of the work shall be due to the author;

4. the number of copies which the publisher may provide to the author free of charge may not be less than 5 for each printing;

5. the publisher shall publish the work in the language in which he has received it;

6. the publisher may distribute the work only on the territory of his country of nationality or the one in which his seat is situated if he is a legal person.

Art.53

/1/ The author may at his own expense place an order with the publisher for the reproduction and distribution of a given number of copies of his work.

/2/ An author may conclude an agreement with a publisher to reproduce and distribute copies of a work by assuming part of the expenses and participating in the distribution of the revenues.

Penal Code

Art.172a

A person who makes records, reproduces, distributes, broadcasts or transmits by technical means or uses in another way the works of others in the field of science, literature or arts without the consent of the owner of copyright as required by law, shall be punished by deprivation of liberty for up to three years and a fine of one million to three million Bulgarian levs.

Textbook allowances

Copyright and Neighboring Rights Act

Art.23

No permission from the author and no compensation shall be due in the case of:

1. the use of quotations from works by other persons when due indication is given of the source and name of the author if it is disclosed. Quotations shall be made in the customary manner and their volume shall be justified by their purpose;
2. the use of parts of published works or of a moderate number of small works in other works in such a volume as is necessary for the purposes of an analysis, commentary or another kind of scientific research. Such use shall be permissible only for scientific and educational purposes, shall include reference to the source and name of the author, and only when it does not prejudice the normal use of the work and does not result in unjustified damage to the legitimate interests of the authors.

Value Added Tax Act

Art.33

Under the terms of this Act the deals listed in Art.34 - 52 are not liable to Value Added Tax.

Art.42 Educational and cultural services according to this Act are:

…

4. Textbooks and school aids for the first and second level of education, approved by the Minister of Education and Science or the Minister of Culture for the confirmed curriculum.
5. Textbooks for higher education, approved by the Minister of Education and Science or the Minister of Culture for the confirmed curriculum.

CPD wishes to acknowledge the help of Ms. Deiana Kostadinova.