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IRIS 2010-4:1/9 [BG] New Quota for European Works by Independent Producers

On 16 February 2010 the latest amendment of the Закон за радиото и телевизията/ЗРТ (Bulgarian Radio and Television Act dating from 24 November 1998 - RTA) entered into force. Its main purpose is to transpose the rules of Directive 2007/65/EC into Bulgarian law. However, the final draft inserted some other changes also. During the public discussions of the impending amendment of the RTA some representatives of the newly-established Association of Television Producers called for urgent additions to the legal definitions of “executive producer” and “television producer” and more detailed regulation...

IRIS 2010-3:1/9 [BG] Controversial Changes to the Electronic Communications Act

In December 2009 the Council of Ministers submitted a Draft Law on the Amendment and Supplementation of the Electronic Communications Act (“Draft Law”) to the National Assembly. The Draft Law has been prepared in order to resolve the legal problems that have arisen from the last amendment of Article 251 of the Electronic Communications Act and influenced significantly the day-to-day investigative activities of the judicial system. The other reason for the proposed Draft Law is the requirements for the implementation of Directive 2006/24/EC on the retention of data generated or processed in connection...

IRIS 2010-2:1/6 [BG] Draft Amendments to the Radio and Television Act

On 18 December 2009 the National Assembly adopted at its first reading the Law on amendment and supplementation of the Radio and Television Act (Draft Law). The main aim of which is to implement the provisions of Directive 2007/65/EC. The following is a summary of the main changes introduced by the Draft Law. 1. The Draft Law replaces the current regulations on radio and TV activities by a new framework for the provision of audiovisual media and radio services, and also extends the regulation to audiovisual media services on demand. The latter are subject to the notification regime. The providers...

IRIS 2010-1:1/10 [BG] Progress on the Implementation of the AVMS Directive

The new Bulgarian government undertook some urgent measures in order to implement Directive 2007/65/ЕC in Bulgarian law. The Council of Ministers has approached all key stakeholders to offer their opinions on the draft legislative acts that need to be prepared for the transposition of the Directive. Within the time limit set by the Ministry of Culture the following key stakeholders have put forward their opinions: the Council for Electronic Media, the Bulgarian National Television, the Bulgarian National Radio, the Television Producers Association, the Bulgarian Radio and Television Operators Association,...

IRIS 2009-10:1/33 [BG] The Cable Retransmission of Films

The cable retransmission of films and other audiovisual works is regulated by Article 21 of the Закон за авторското право и сродните му права (Copyright and related rights Act dated 1 August 1993 (CA)). According to Article 21 para. 2 CA, the authorisation for cable retransmission can be granted only by a collecting society. The cable operator that retransmits shall pay a separate compensation to all rightsholders and these payments can be collected only by a collecting society (Article 21 para. 3 CA). Article 21 para. 5 CA provides an exception to the above rules. It says that if the copyright...