Bulgarian record labels face a critical enforcement gap because their Supreme Court blocked anti-piracy web-injunctions, ruling that national law fails to properly implement existing EU directives. This legal defeat leaves rights holders without a key tool to stop traffic to major piracy sites like Pirate Bay and Zamunda, forcing the industry trade group BAMP to demand immediate EU compliance before new rules are introduced.
Supreme Court Blocks Industry Injunctions
The Bulgarian Supreme Court ruled earlier this year that record labels cannot obtain standard civil copyright injunctions to require internet service providers to block access to well-known pirate websites. The court determined that current Bulgarian copyright legislation does not fully transpose EU rules that would justify permanent blocking orders through ordinary litigation. Law firm Dimitrov, Petrov & Co confirmed in a March summary that rights owners are legally unable to secure these injunctions under the current framework. The top court specifically cited the 2001 EU copyright directive and the 2004 intellectual property rights enforcement directive, noting that Bulgaria should have updated its regime to align with these laws before joining the EU in 2007.
BAMP Urges EU Compliance Over New Rules
Following this legal setback, BAMP formally shared its position with the European Commission, urging officials to ensure all member states have correctly implemented past copyright measures before considering further legislative initiatives. The trade group began legal efforts to secure the first anti-piracy web-blocks in Bulgaria back in 2020 but was ultimately blocked by the Supreme Court. BAMP argues that the ruling illustrates the necessity of full and correct implementation of existing EU law across all member states. This submission to the Commission was part of a broader call for evidence on modernizing the EU copyright framework, highlighting that web-blocking remains an anti-piracy tactic of choice for the music industry globally.
Global Context and Enforcement Variance
The ease of securing web-blocking injunctions varies significantly across Europe, with some countries offering uncontroversial access while others like Bulgaria present greater legal challenges. Web-blocking involves copyright owners securing orders for internet companies to block customers from accessing specific piracy websites. While the music industry has relied on this tactic for many years, the Bulgarian Supreme Court’s decision the disparity in enforcement capabilities when national laws lag behind European standards. The failure to implement these directives has left Bulgarian labels without the ability to enforce permanent blocking injunctions, creating a significant vulnerability in their anti-piracy strategy.
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