Photographic works and works created in a process analogous to photography
The protected subject matter under Art. 3, paragraph 1 of the Law on copyright and related rights include photographic works and works created in a process analogous to photography.
According to the dictionary of the Bulgarian language, the meaning of “photography” is reflection of images, objects and others on photosensitive film, paper and so on and saving that reflection by means of special optical devices.
There are three types of photography:
- Art photography includes portraits, landscapes, advertising photographs;
- Journalistic photography reflects important events and objects of public importance;
- Science photography is related to the needs of science and education.
Owner of copyright over photographic works
The copyright over a photographic art belongs to its author.
Copyright over portrait photographs belongs to the author.
There are a couple of specific issues related to photographers which are also covered by the Law on copyright and related rights. These are:
- When the photographic work has been created under a labour contract, the employer has the right to use the work without the consent and against no additional remuneration for the author;
- The copyright over a photographic work which has been custom-made belongs to the author;
- The person who has ordered a custom-made photographic work has the right to use it without the consent of the author for the purpose for which it has been designed;
- The author of a custom-made photographic work does not have the right to offer the same work or parts of it for publication in other editions or wireless broadcast before the photography has been used by the issuer. These restrictions are not applicable after the expiry of a 15-day period for newspapers and 3-month period of magazines.
Financial rights of photographers over photographic works:
- Copying the photographic work;
- Distribution of the photographic work;
- Public display of the photographic work;
- Electronic supply of the photographic work;
- Import and export of the photographic work.
Info – CopyRights.BG