Mr.Atanas Kostov - copyright attorney in Bulgaria. The book “Copyright Hypothesis".
The book “Copyright Hypothesis" is the fruit of my synthesized ten-year experience as an intellectual property lawyer. The writing of every material in it is inspired by my work on a specific case, commenting on the legal basis and relevant case law. It is important to note that the purpose of writing the book is to be practical rather than to claim theoretical exhaustiveness. So I have selected and focused on this part of the texts of the Copyright and Related Rights Act, which are robbing, interesting and directly affecting the creative industries in Bulgaria. The bulk of the material in the book is a synthesis of theory and practice in the form of court decisions, which is systematically located for convenience at the end of each exhibition. How much current case law is adequate, internally uncontroversial and compliant with the legal framework, I have left to judge the reader myself, as the conclusions are obvious.
I think that for this reason, the writing here will be useful not only for legal practitioners, but especially for the authors themselves - artists in the broad sense of the word, as well as architects, photographers, artists, designers, computer specialists and other professions, related to culture and science. Long contact with copyright issues of creative people has made me realize that they still do not have the courage, determination and legal culture to assert their rights to creators adequately. The reasons for this are of a different nature. Firstly, perhaps Bulgarian education does not offer these specialists the necessary knowledge and useful experience in the field of copyright and artistic management, which is particularly important in the context of a market society. Hence the lack of knowledge of the authors about the ways to protect their intellectual work, as well as the motivation to consult and seek specialized legal assistance in this field. Naturally, the well-developed jurisprudence of the courts and the prosecutor's office and, in my opinion, the little fuzzy criterion on the procedure and practical means of engaging and activating the administrative responsibility for copyright violations, a priority of the Ministry of culture. All this leads to a lack of trust in our society as to whether the protection of copyright in Bulgaria is real and working. Increasingly, in the public domain, there are data about successful measures in the field of copyright, but they concern mainly copyright and related rights of foreign authors and companies. The big question is is there a real protection for the rights of Bulgarian authors and what part of the case law shows a positive trend in this direction?