The CNRA amendment of 1st December 2023 includes the adoption of an imperative restriction to the parties’ freedom of contract, prohibiting the contractual override of the above-mentioned Right to Re-use for certain types of re-use of certain works. The mechanism sets out specific rules concerning contracting between authors and publishers and is placed in a chapter of the law entitled ‘Contracts for publishing in periodicals’. A new para 2 to art. 60 states that:
“[t]he author of a work of academic literature created on the occasion of a research, funded in whole or in part by public funding, shall retain the right to make that work or parts thereof available in educational or scientific repositories for non-commercial purposes after its acceptance for publication by a publisher, and shall be obliged to mention the publisher when doing so.”
In terms of the type of works eligible for re-use, the new regime covers works of academic literature. There are no further requirements concerning the work or its length. Although the provision is placed in a chapter of the law regulating publications in periodicals, the scope of the norm itself is not limited to articles. In contrast with provisions in other jurisdictions, the new Bulgarian SPR also contains no restriction as to the version available for a secondary publication. The mechanism can equally apply to the version of record (VoR), as well as the author accepted manuscript (AAM).