Not all countries compensate copyright holders for the right to private copying based on a device-based levy system. However, in all countries, authors, artists and creative professionals are compensated in some way for the restriction of their rights to their own works. Only in Bulgaria, although a remuneration system exists in name, has this not been the case for years. That is now set to change.
Following an initiative by the Bulgarian Ministry of Culture in July, the Council of Ministers is proposing an amendment to the Bulgarian Copyright Act that includes a ‘new mechanism for the application of compensation for private use’. The draft bill setting out the actual levy model is expected to be made available by the public consultation scheduled for October 2026 at the latest.
No further details of the legislation are known at this stage. Everything will depend on its practical implementation. After all, a levy system has always been envisaged in Bulgaria. Formally speaking, everything is in place: the legal basis in national law, a catalogue of products subject to the levy, and the competent authorities. Contrary to some reports, the product catalogue is by no means significantly out of date, nor is it responsible for the system’s malfunction. It includes all standard storage media available on the market, such as hard drives, multimedia hard drives and USB sticks. However, its scope is limited to this product category. It is expected to be expanded once the system is reactivated.
With this legislative initiative, Bulgaria is joining the rapid developments in copyright levy systems seen this year. Even more so than in previous years, levy systems are being revised, long-standing projects brought to a conclusion and tariffs adjusted. Furthermore, the (re)introduction of a product-based levy system would counter initiatives that call precisely this model into question. Whilst the arguments for a fundamental overhaul of product-based copyright levies may well be valid, device levies are still proving to be an effective and sound financial instrument for rights holders. There are hardly any viable alternatives to this, or rather, remuneration models that raise even more questions than device levies.
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