Bulgaria: Decision No. 345 on criminal case No. 1069 of 2015, Supreme Court of Cassation of Bulgaria, 1 December 2015
Kluwer Copyright Blog
March 18, 2016
Please refer to this post as:, ‘Bulgaria: Decision No. 345 on criminal case No. 1069 of 2015, Supreme Court of Cassation of Bulgaria, 1 December 2015’, Kluwer Copyright Blog, March 18 2016, http://copyrightblog.kluweriplaw.com/2016/03/18/bulgaria-decision-no-345-on-criminal-case-no-1069-of-2015-supreme-court-of-cassation-of-bulgaria-1-december-2015/
The Supreme Court held that “uses in any other manner” as provided in Article 172a, para. 1 of the Criminal Code covers any possible use of a copyright protected work. It is not necessary to refer to additional statutory rules, because “uses in any other manner” as one of the forms of unauthorised use is clear and refers to any illegal use, i.e. use without the authorisation of the right holder, in any form and in any manner. All possible uses of a work are included, irrespective of whether a specific form or manner of use is expressly mentioned in a statutory act or not. “Use” shall be understood as including any action, i.e. the actus reus of the crime does not include omissions.