"Equitable Remuneration" for Performers – Theoretical Basis and Current Problems

The concept of equitable remuneration paid to performers for the use of sound recordings containing their works was introduced by international treaties in the field. The Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations of 1961 introduced the "right to remuneration", replacing the exclusive right of the performer to authorise the secondary use of their recorded performances. The article examines the transition from an "exclusive right" to the "right to remuneration" in the context of Bulgaria’s cultural industry. The author proposes a categorisation of the phases during which creative products are made and brought to fruition while also tracing the role of performers’ rights throughout each stage of this process. From a business standpoint, achieving equitable remuneration is often put to the test since it is possible for both sides to agree on a lump sum payment. With regard to the perceived weaker position of performers compared to producers, the author critically analyses the scope of performers’ exclusive rights in the Bulgarian Copyright and Neighbouring Rights Act. It is concluded that this law prevents the effective collection and distribution of equitable remuneration for performers in cases of live performances when sound recordings are made and broadcasted on radio or television channels.