Copyright Protection of Software

5 September 2024

Corporate Clients, Intellectual Property

Protection

The object of copyright can be any work of literature, art and science, which is the result of creative activity and is expressed in any way and in any objective form. According to Art. 3, para. 1, item 1 of the Copyright and Related Rights Act (CRRA), computer programmes and databases are subject to copyright.

Copyright protection over software lasts the length of its author’s life plus 70 years after their death or software created in the framework of an employment relationship, the term lasts 70 years after its disclosure.

Computer programmes and databases are essential assets for companies operating in the IT sector. The Copyright and Related Rights Act provides protection for copyright in the event of infringement by third parties.

Rights

Copyright on computer programmes belongs to the person who created the program, this could be the author or the employer.

Economic author’s copyrights include use of the programme, changes to the programme, programme execution, loading the programme, revising the programme, displaying the programme on a screen, storing the programme in the memory of a computer, transmission of the programme over distance, and translating the programme.

Alternative:

Economic author’s copyrights include in relation to programmes: use, alteration, execution, loading, revision, screen display, translation, storage in a computer’s memory, and transmission at a distance.

Copyright in a database belongs to the person who arranged the data set.

Economic author’s copyrights include use of the database, database redesign, transmission of the database over distance, making changes to the database, displaying the database on a screen, and storing the database in the memory of a computer.

Alternative:

Economic author’s copyrights include in relation to the database: use, redesign, alteration, screen display, storage in a computer’s memory, and transmission over distance.

Copyrights over a software are non-property and property

Non-property rights include the right:

  • to decide whether it can be disclosed, to determine the time, place, manner and conditions under which the disclosure shall be made;
  • to request recognition of one’s rights;
  • to request one’s name or any other sign, name, brand, logotype to indicate the software whenever it is used;
  • to decide in what way one’s name should be announced;
  • to demand the preservation of the integrity of the software, as well as to oppose changes made by third parties;
  • to make changes to the software as long as this action does not violate rights acquired by third parties;
  • to acquire possession of the software when it is held by third parties;
  • to prevent the use of the software as compensation for the damages suffered by the persons who have legally acquired the right to use it.

Property rights include the right:

  • to reproduce the software by producing a certain number of copies – copies;
  • to distribute the software by selling, exchanging, donating or renting it out along with any other kind of disposal transaction;
  • to broadcast the software wirelessly or over a network;
  • to modify the software;
  • to translate the software into another language;
  • to offer it wirelessly, via cable or other technical means of access to an unlimited number of persons.

In summary, (in view of the above-mentioned rights,) the author has the right to decide for themself under what conditions the work is used, modified, displayed and distributed by themselves and by third parties, whether it be for economic benefit or any other motive.

Legal protection of computer programmes and database

Bulgarian legislation in the field of intellectual property currently provides for the possible protection of the two sites. These are:

  • protection of computer programmes and databases through the CRRA – this is the most commonly applied form of protection;
  • protection of computer programmes and databases as industrial property, through the patent system;
  • protection of computer programmes and databases as trade secrets, through competition law.

These options for protection are not mutually exclusive, but are, rather, complementary, with the aim being to provide complete and comprehensive legal protection.

Transfer of copyright

With a written agreement, an author can assign to a third party an exclusive or non-exclusive right to use their work under certain conditions and against a fair and proportionate remuneration.

When assigning an exclusive right to use a work, the author cannot use it themself in the manner, for the period and in the territory stipulated in the agreement, nor assign this right to third parties. When transferring a non-exclusive right to use a work, the author can continue to use it, as well as assign a non-exclusive right to the same work to third parties.

Claims

Civil

Any holder of a copyright or related right with exclusive use of the protected software within the meaning of the Copyright and its related rights Act, could be entitled to bring a claim before the relevant court against any person who infringes upon that right on the following grounds:

  • Claim for compensation for damages;
  • Claim for suspension of unlawfully used software;
  • Claim for seizure and destruction of illegally made copies, as well as the items intended for reproduction of the copies;
  • Action to seize from the use of recording and decoding devices for committing violations;
  • Software copyright claim;
  • Claim for unjust enrichment;
  • Software Copyright Ownership Claim.

Criminal

In order to ensure adequate criminal protection against the infringement of software rights, the legal system that creates those rights must proscribe the following activities:

  • Counterfeiting – the recording, reproduction, distribution, broadcasting,transmission, or otherwise use of the object of a copyright or related right, or copies thereof, without the consent of the holder of  that right;
  • Plagiarism  – the pseudonymous our otherwise publication or use of protected software or a significant part of it without the consent of the rights holder;
  • Forced co-authorship – present when someone abuses official position, becomes involved as a co-author of software without taking part in the creative work of its production, is punished by imprisonment for up to two years or a fine of one hundred to three hundred BGN, as well as with public censure.

Administrative

Who in violation reproduces, stores in computer memory, distributes or otherwise uses computer programmes, shall be punished by a fine of BGN 1 000 to  BGN 10 000 for individual and for legal entities the penalty is from BGN 2 000 to BGN 20 000. In case of repeated violation, the penalty is from 3,000 to 30,000 BGN

For further inquiries or expert advice on Copyrights protection please do not hesitate to contact our team

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