Защита на неимущественото право на авторско име след изтичане на срока на действие на авторското право
Protection of the Moral Right of the Author's Name after the Expiration of the Copyright Term

Author(s): Atanas Georgiev
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: time – limitation of the rights of the author over his/her work; indelibility of the objective fact of the authorship and the author’s name; constitutional principles of respect for the rights of the individual and the protection of freedom of creativity
Summary/Abstract: One of the principle of the legal protection of works is the time limitation of the duration of the rights of their authors. This time – limited duration is determined by the necessity a public access to the work and a free possibility for usе of the work by anunlimited number of persons to be provided after the expiration of a certain period of time after the death of the author, which, according to the legislator, is sufficient for the heirs and relatives of the author to have exclusive rights to the work and to derive benefits from its use. One of the exceptions to this principle is the obligation of any person to respect the moral right of the author's name, which continues indefinitely after the expiration of the copyright term. The reason for the protection of the moral right of the author's name after the expiration of the term of copyright protection is a manifestation of both the constitutional principle of respect for the rights of the individual and the protection of freedom of creativity, as well as the need to provide protection against unlawful infringement of the work as a public good through the indefinite protection of authorship over the work, respectively of the author's name through which it is manifested, which, although after the term of protection is no longer protected as a subjective right, is an indelible objective fact with public cultural and moral significance.

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