Keywords: State control over copyright and related rights; administrative control; Copyright and Related Rights Act (ZAPSP); Ministry of Culture; intellectual property; public performance of music; unlicensed use
Abstract
This article examines the role of the state in the protection of copyright in Bulgaria through administrative and criminal mechanisms. It analyzes the legal framework and the country’s constitutional, international, and European obligations, which mandate effective, proportionate, and deterrent measures against infringements. Particular attention is paid to administrative liability under the Copyright and Related Rights Act (CRRA/ZAPSP), considering it a key instrument for addressing widespread “routine” violations. The author also emphasizes the economic significance of copyright, which serves not only the interests of creators but also society by promoting cultural production and innovation. The article presents the regulatory framework for control, including the role of the Ministry of Culture, the Ministry of Interior (MoI), and the municipalities. Existing deficiencies are analyzed, such as a lack of consistency, weak initiative at national and local levels, and an insufficient number of control actions, which leads to a mass disregard for the law and fosters a sense of impunity. The article defends the thesis that the withdrawal of the state from control would contradict fundamental legal principles and Bulgaria’s international commitments. It argues for the strengthening of administrative control as a necessary measure for effective enforcement and the protection of the cultural and economic environment. State intervention is determined to be legitimate, justified, and imperative in the context of widespread copyright infringements.
BONCHEV, B., 2025. State and administrative control over copyrights in Bulgaria. Izdаtel, Vol. XXVII, No. 2, 23–39. ISSN: 1310-4624 (Print). ISSN: 2367-9158 (Online). DOI: https://doi.org/10.70300/1L1bWrF7mlIgRFm8ZwJOtVU5w